This Federal Law shall regulate public relations which arise in connection with the exercise by citizens of the right to associate in political parties, with special features of the formation, activity, reorganization, and liquidation of political parties.

Article 2. Right of Citizens to Associate in Political Parties

The right of citizens to associate in political parties shall include the right to form political parties on a voluntary basis in accordance with their beliefs, the right to join political parties subject to recognition of their rules and programs or to abstain from joining political parties, the right to participate in the activity of political parties in accordance with their rules, and the right freely to withdraw from political parties.

Article 3. Concept of a Political Party and Its Structure

1. A political party is a voluntary association of Russian Federation citizens established with the purpose of participation in the political life of society through the shaping and expression of the political will of citizens, participation in elections and representation of citizens' interests in the legislative (representative) bodies of state power and representative bodies of local self-government.

2. A political party shall meet the following requirements:

- a political party shall have regional branches in more than a half of the subjects of the Russian Federation, with only one regional branch of the given political party to be formed in one subject of the Russian Federation;
- a political party shall have not less than ten thousand members, with each regional branch having not less than a hundred members of the political party as provided by Clause 6 Article 23 of this Federal Law;
- the leading and other bodies of a political party, its regional branches, and other structural divisions shall be located in the territory of the Russian Federation.

3. In this Federal Law a regional branch of a political party shall mean a structural division of a political party formed by a decision of the authorized leading body of the political party, which is functioning in the territory of a subject of the Russian Federation. A single regional branch may be formed in a subject of the Russian Federation which comprises an autonomous area (autonomous areas). Other structural divisions of a political party (local, primary organizations and others) shall be formed in the cases and in the procedure established by its rules.

4. The objectives and tasks of a political party shall be set forth in its rules and its program which shall be published for general knowledge.

Article 4. Legislation on Political Parties

The activity of political parties shall be regulated by the Constitution of the Russian Federation, this Federal Law, the federal constitutional laws, federal laws.

Article 5. Territorial Sphere of the Activity of a Political Party

Political parties may carry on their activity in the entire territory of the Russian Federation.

Article 6. Name of a Political Party

1. The full and abbreviated name of a political party shall differ from the names of the existing parties, other All-Russia public associations and parties which ceased their activity and were liquidated because of violation of Clause 1 Article 9 of this Federal Law less than eight years before the day of registration of the given political party.

2. The name of a political party shall not contain names of other political parties, names of bodies of state power and bodies of local self-government or the first name and/or surname of a citizen.

3. Regional branches of a political party shall use the name of the political party with the indication of their territorial location.

4. Political parties may use in their names the words "Russia," "Russian Federation" as well as words and word combinations formed on their basis without a special permission of a competent government body.

5. The name of a political party shall not infringe intellectual property rights. It shall be forbidden to use a name which insults racial, national, and religious sentiments and violates the commonly accepted moral norms.

Article 7. Symbols of a Political Party

1. A political party may have its logo and other symbols, which shall be accurately described in the rules of the political party. Symbols of a political party shall not coincide with the state symbols of the Russian Federation, symbols of the subjects of the Russian Federation, municipal symbols or symbols of foreign states and shall not include key elements of these symbols.

2. A political party shall not use as its logo and other symbols the logos and other symbols (or key elements thereof) of other political parties and other All-Russia public associations or organizations prohibited from functioning in the territory of the Russian Federation.

3. Symbols of a political party shall not infringe intellectual property rights, trademark rights. It shall be forbidden to use symbols which insult or denigrate the state symbols (flags, coats-of-arm, anthems) of the Russian Federation, subjects of the Russian Federation, municipalities, state symbols of other states, religious symbols, insult racial, national, and religious sentiments, violate the commonly accepted moral norms.

Article 8. Basic Principles of the Activity of Political Parties

1. The activity of political parties shall be based on the principles of voluntary participation, equality self-governance, legality and openness. Political parties shall be free to determine their internal structure, objectives, the form and methods of their activity, save as provided otherwise by the restrictions established by this Federal Law.

2. The activity of political parties shall not infringe the rights and liberties of citizens, guaranteed by the Constitution of the Russian Federation, and the federal laws.

3. Political parties shall act openly and the information about their constituent and program documents shall be accessible to general public.

4. Political parties shall contribute to ensuring equal possibilities for women and men - members of a political party to be represented on the leading bodies of the political party, on the lists of candidates for election as deputies or to other elected offices in the bodies of state power and bodies of local self-government.

Article 9. Restrictions on the Formation and Activity of Political Parties

1. The formation and activity of political parties shall be forbidden if their objectives and activity are directed at forcible alteration of the basis of the constitutional system and violation of the integrity of the Russian Federation, undermining of the state security, formation of military and paramilitary units, fomenting of social, racial, national or religious enmity and hate.

2. Inclusion in the rules and programs of political parties of provisions concerning the protection of ideas of social justice shall not be regarded as fomenting of social enmity and hate.

3. Political parties shall not be formed on the basis of the profession, social standing, race, nationality or religion of the members and their sex and origin.

4. Structural divisions of political parties shall be formed and shall operate only on the basis of a territorial principle. No structural divisions of political parties shall be formed in bodies of state power and bodies of local self-government, in the Armed Forces of the Russian Federation, law enforcement and other government bodies, state and non-state organizations.

5. The activity of political parties shall not allowed in bodies of state power and bodies of local self-government (with the exception of legislative (representative) bodies of state power and representative bodies of local self-government), in the Armed Forces of the Russian Federation, in law enforcement and other government bodies, in state organizations and general educational establishments.

6. The formation and activity of political parties of foreign states and their structural divisions in the territory of the Russian Federation shall not be allowed.

7. If a state of emergency is declared in the entire territory of the Russian Federation or in some parts thereof, temporary restrictions may be imposed on the activity of political parties under the federal constitutional law.

Article 10. The State and Political Parties

1. Interference of the bodies of state power and their officials in the activity of political parties and interference of political parties in the activity of bodies of state power and their officials shall not be allowed.

2. The issues affecting the interests of political parties shall be resolved by the bodies of state power and bodies of local self-government with the participation or concurrence of the political parties concerned.

3. The persons holding government and municipal offices, persons at the government or municipal service shall not use the advantages of their office (status) in the interests of the political party to which they belong or in the interests of any other political party. Such persons, with the exception of deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the subjects of the Russian Federation, deputies of other representative bodies of state power and deputies of representative bodies of local self-government, shall not be bound by decisions of a political party in the discharge their official duties.

4. The President of the Russian Federation shall suspend membership in a political party for the duration of his term of office.

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ПУБЛИКАЦИИ ИРИС

НЕДЕЙСТВИТЕЛЬНОСТЬ ВЫБОРОВ: ЗАКОНОДАТЕЛЬСТВО И СУДЕБНАЯ ПРАКТИКА

Автор: Алехичева Л.Г., Постников А.Е. - ИРИС
Форма выпуска: Книга

В книге обобщается судебная практика одной из наиболее актуальных и сложных проблем, возникающих при проведении выборов - признания недействительности выборов...

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