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Реферат Constitutional bases of ideological and political variety in Russia





e expressed in the Constitution, and, on the other hand, purposes and activity of the public associations should be identical to the constitutional system. this connection the Constitutional Court of the RF in the Resolution from December 15, 2004. 18-П has emphasized that the lawmaker has the right to regulate the legal status of political parties, including conditions and the order of their creation, principles of activity, rights and duties, to establish l the necessary restrictions, concerning realization of the right to association in political parties, as well as the bases and the order of the state registration of the political party as the juridical person. Thus the realized by the lawmaker regulation by virtue of Article 17

(Part 1) of the Constitution of the RF, establishing that in the RF there are guaranteed rights and freedoms of a person and a citizen according to universal principles and norms of the international law and in accordance with the Constitution of the RF, should not distort the essence of the right to association in political parties, and introduced by it restrictions - to create ungrounded obstacles for realization of the constitutional right of each person to association and freedom of creation and activity of political parties as public associations. , Any introduced by the lawmaker restriction should be necessary and commensurate to the constitutionally significant purposes. Proceeding from this postulate, taken from the Constitution, we can make at least four essential conclusions:, the federal lawmaker has the right and is obliged to regulate conditions and the order of creation and activity of political parties; it is admissible to establish by the federal law of the requirements presented to creation and activity political parties; , Limits of discretion of federal lawmaker are predetermined first of all by recognition in the Russian Federation of ideological and political variety and multiparty membership and by establishment of their constitutional features, which results in necessity of stage forming of the firm multiparty system, capable to guarantee political will of the multinational people of the Russian Federation within the framework of this or that electoral system, whose particularities are dictated by the presented on the corresponding stage of development of the Russian Federation of both democratic legal federative state with republican mode of rule of the requirement to creation and activity of political parties requirements; , These limits are predetermined by the constitutional rights and freedoms, including the right of each to association, which guarantee, as it has repeatedly noted in decisions of the Constitutional Court of the Russian Federation and has been confirmed by the precedent activity of the European Court on human rights, are distributed on political parties, as well as freedom of thought and speech, right of each person to search, get, transfer, produce and spread information in any legal way since associations of persons, having the same beliefs or interests or common ideas, is one of the forms of collective realization of freedom of thought and speech. The specified positions correlate to the internationally-legal obligations of the Russian Federation, taken, in particular, in accordance with Article 22 of the International Pact on civil and political rights and Article 11 of the Covenant on protection of human rights and fundamental freedoms. Principle of multiparty membership means legality of political opposition. The Constitution legalizes peaceful, non violent competition of political parties for participation in realization of the state power and its institualization in parliamentary and other forms established by the Constitution (nomination of the candidate in deputies, to the position of the President etc.). We mean influence on state control that is determination of the direction of its activity as a whole or in separate spheres of state-legal regulation of the social dormitory. of ideological and political variety naturally results in fixing of equality of public associations before the law. It is expressed, first, in equality of their rights and duties in public and economic activity, fixed in the Constitutions, federal law and other statutory legal acts; second, in equality of public associations in their relations with the state and its bodies. It means that the constitutional fixing equality of public associations before law, on the one hand, acts as the guarantee of political pluralism and non allowance of confirmation in society of the one-party system, subordinating the state, other political and social institutes. On the other hand, this position simultaneously means the prohibition, addressed to the state, its bodies and officials to create more favourable conditions of existence and activity of these associations and, on the contrary, to prevent existence and activity...


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