s of such prohibition can be different, but for recognition their unconstitutional nature real use of violence for change of the constitutional system of the Russian Federation should be necessary. 5 Article 13 of the Constitution says that is forbidden creation and activity ie we mean not only organizing (creation), but also functioning (activity) aspects of the public association. Consequently, the object of estimation should be not only the charter and the program (such estimation is realized at the stage of registrations of the association by the Ministry of justices of the Russian Federation and its body), but also its activity, so, in what measure purposes expressed in constituent acts should reveal in practical activity of the association. Thus, there should be enough to proclaim of the specified purposes in the constituent acts, especially, if such association is enough multiple, united and targeted on the unconstitutional action, and the circumstances and facts testify to the fact that the corresponding actions can happen. Thus, however, as proofs can not be taken the doctrine signs about revolution, demolition of the state. the criterion of unconstitutionality of the public association the Constitution names the presence at the corresponding associations of the purposes of the forcible breach of integrity of the Russian Federation laquo ;. Integrity of the state is not only its territorial integrity, but also integrity as the corporative unit. So, for recognition for the association unconstitutional it is necessary, first of all, to proclaim in its constituent acts of the purpose of forcible disintegration of the territory of the state or establishment of directivity of its practical, political or any other activity exactly to forcible disintegration of the territory of the state or initiating of actions on forcible disintegration of the state territory. From the objective point of view this activity can be also expressed in separatist surges with use of violence or in activity, directed to encouragement or rendering aid to a foreign state or international organization in forcible disintegration of a part of the territory of Russia. undermining of safety of the state is one of the major criteria of unconstitutionality of any public association. The Constitution does not reveal the contents and legal nature of such notion; it is made in the current legislation, first of all, in the Law of the Russian Federation from March 5, 1992. About safety (with changes and additions). Safety of the state is the condition of defense of its vitally important interests from internal and external threats. In turn vitally important interests are the set of needs, which satisfaction safely provides existence and possibility of the progressive development of the state. Thus, the notion undermining safety of the state has the generalizing nature and includes forcible change of the constitutional system and territorial integrity of the state. The specified law includes state sovereignty in the notion of safety of the state. The public association if it is developing in the constitutional state must not endanger safety of the state - its constitutional system, sovereignty and territorial integrity. Existence of the association and its activity must not undermine the condition of defense of vitally important interest of the state; put them under threat inwardly in the state or outside the state. independent place in the list of criteria of unconstitutional political party public association and mass movement occupies kindling social, national and religious discord laquo ;. In this connection, first of all, it is necessary to admonish of melanges of the constitutional and criminal-legal aspect of this problem. The criminal law mentions it only in the context of the criminal liability of the physical persons for concrete actions, which are recognized criminal and result in punishment established by the Criminal Code of the Russian Federation. Constitutional Law considers this problem in the broader social plan - that is in the sense of state-legal organization of relations between different classes and social layers, nations and ethnic groups, and religious associations. And in this sense the Constitution fixes as the bases of the social relations - the social solidarity; interethnic relations - national equality, cooperation among nations and people, national sovereignty, which never spreads to secession; relations to religions - religion tolerance, division of church from the state (secular state), freedom of cults and equal participation of the people in realization of state power and management regardless of their relations to religion and church. term kindling from etymological meaning assumes active activity of the association or its members, acting in accordance with the constituent acts of the association or on its commission contract, directed to achievement of the corres...
