rresponding functions by other institutes. In particular, party forms of the civil activity should not substitute national and religious self-organizing of the population, and vice versa.to item 3 Article 9 of the Federal Law from July 11, 2 001 No. 95-FL «About political parties» there shall not be admitted creation of political parties on the basis of professional, racial, national or religious belonging; attributes of professional, racial, national or religious belonging in the given Federal law are understood as instruction in the charter and the program of the political party of the goals of protection of professional, racial, national or religious interests, and reflection of the specified goals in the name of the political partying into force of the Federal law «About political parties» the congress of the all-Russian public political organization «The Orthodox party of Russia» has adopted the decision about transformation to political party «The Orthodox party of Russia ». The citizen N.E. Ilyukhina - a member of the given organization, believing, that the decision of the congress regarding preservation of the name «the Orthodox party of Russia» contradicts the instructions of item 3 Article 9 of the above mentioned Federal laws and therefore interferes with the registration of the given organization as the political party, has applied to the Koptev District court of the city of Moscow with the complaint in which she applied to cancel the specified decision. Having come to the conclusion that in the question about conformity of the regulations of item 3 Article 9 of the Federal Law »About political parties« of the Constitution of the Russian Federation there exists uncertainty the Koptev District court of the city of Moscow with the Definition from July 11, 2 002 has stayed legal proceedings of the case and has petitioned the Constitutional Court of the Russian Federation with the request about the verification of their constitutionality. Simultaneously the Constitutional Court of the Russian Federation has been petitioned by the all-Russian public political organization «The Orthodox Party of Russia» with the complaint on the infringement by the same statutes of the constitutional right of the citizens to association.the sanction of the given case the Constitutional Court needed to determine originally constitutionally-legal parameters of the party and the religious association, their specific features, their place and role in the institutional system of the civil society. It is obvious, that the sanction of the given question with necessity assumes revealing of the sociopolitical contents of the specified institutes, which, however, shall not and can not result in replacement of constitutionally-legal dispute by political expediency and validity of the legal essence. Constitutional Court has specified the following. Political parties as the necessary institute of the representative democracy providing participation of the citizens in the political life of the society, political interaction of the civil society and the state, in the open legal struggle on the basis of the principles of equality and political pluralism aspire to influence decidingly the government, participate in formation of authorities and in the control over their activity. As against other associations working on the political arena (trade and enterprise unions, so-called pressure groups, etc.), parties pursuing their own political goals, openly struggle for seats in the parliament and in the government, giving the opportunity to realize government in the state, and through it - government in the society. Consolidating political interests of the citizens, they promote formation of the political will of people. In the competitive struggle of the parties for political authority there is created such necessary democratic environment which allows the multinational Russian people as the barrier of sovereignty and the unique source of power in the Russian Federation to choose conscienchesly optimum directions of development of the society and the state and to achieve the civil consent.against political parties religious associations according to Article 28 and 30 of the Constitution of the Russian Federation, are created for the purpose of realization of freedom of belief, right of each person to unite with other person for confession of the certain religion that also assumes the opportunity of performing in accordance with the belief of religious ceremonies, spread of their religious beliefs, religious training and education, charity, missionary, selfless and other activity determined by the corresponding dogma. The constitutionally-legal basis for creation and activity of religious associations along with Article 13 of the Constitution of the Russian Federation stipulating ideological and organizational pluralism, serves Article 14, according to which the Russian Federation shall be the secular state; no reli...
