of other associations if their purposes and actions do not contradict the Constitution and federal law.
Constitution of Russia about limits of political pluralism
pluralism is not boundless; it is based on the definite legal bases, determining the external frames of activity of public associations. The main thing is in interfacing their purposes with the constitutional system. Exactly for protection of the Constitution that is for preservation of identity of fixed by it democracy within the framework of legal federative state with the republican form of the rule, the Fundamental Law provides the possibility of prohibition (of non allowance of the creation and activity) of public associations, purposes or actions directed to forcible change of fundamentals of the constitutional system and breach of integrity of the Russian Federation, undermining of safety of state, making armed units, kindling social, national and religious discord. contained in Article 13 of the Constitution formula about the purposes of association, presence of which makes it unconstitutional, testifies to preventive nature of the institute of non allowance of creation and activity of public association in the Russian Federation. The prohibition is possible if there is the real threat to the constitutional state system. The ground for the prohibition is not separate violations of the constitutional norms. Such violations if there are grounds, result in liability of physical persons the established by the criminal, civil, administrative legislation. So, we mean the presence of such purposes of associations, whose realization would deprive it of identity with constitutional system of the state. Moreover the mentioned identity should not be interpreted as restriction of pluralistic democracy, freedom of political activity, including reforming of the constitutional system in accordance with the procedures established by the Constitution and in forms provided by it, which, however, can never spread to refusal of its fundamental principles that is democracy itself. , The problem of constitutionality can and should be considered not only from the point of view of interrelations of the association with other participants of the political process, but also from the point of view of its internal organizations, the cardinal principles of the organizing structure and functioning. However in the later case for prohibition of the associations the violation of democratic principles of organization and activity should have nature of principal undemocratic position, expressed in refusal or rough violation in broad scale of human rights, prohibition of functioning in the order established by the Constitution of state institutes, sovereignty of the state power .. The corresponding estimations, resulting in obligatory legal consequences, can be given only by court. Thus, the undemocratic position of the association should be confirmed by the set of factors certifying about real threat of existence and activity of such association to the constitutional system, safety of a personality, society and state. Fundamental Law directly determines objects of constitutional protection, and if necessary protection on behalf of the authorized body: the constitutional system of Russia, its integrity and safety, as well as social, national religious consent, which threat can serve the ground for prohibition of creation and activity of the party or other associations of the people. Corresponding purposes in the documents of the association can be not proclaimed in general, but exactly to this result, finally, can bring activity to party, public association or mass motion if it is not stopped in the order, established by the Constitution and the Federal law About public associations raquo ;. It is enough to have at least one of the criteria specified in the Constitution to recognize the corresponding association unconstitutional. to the Constitution unconstitutional are any parties, organizations, public associations, having the purpose the forcible change of the constitutional system. We mean exactly forcible change. Consequently, any calls or requirements of change of the constitutional system of Russia in accordance with the procedures established by the Constitution and laws if they do not spread to refusal from democracy as the form of the state and profound feature of its activity, can not be recognized unconstitutional; such can be only actions (or propaganda of such actions) of the unconstitutional nature and incompatible with the Constitution. is impossible to interpret broadly the notion of violence. We think, we must mean not psychological influence or economic and political pressure (strikes, etc.), but forcible deprivation of the constitutional bodies of legislative, executive and judicial power of the opportunity to realize their functions and authorities. The form...
