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Реферат Constitutional system of the Russian Federation and role of the constitutional court in its protection





y shown in the pre-election struggle for the voices of voters, is capable instead of consolidation of a society to result in stratification of multinational people of Russia, opposition of ethnic and religious values, glorification of the one and belittling of the others and finally to giving dominating value not to the national values, but to any ethnic ideology or religion which would contradict the Constitution of the Russian Federation, its Articles 13 and 14.of parties according to the religious attribute would open the way to politization of religion and religious associations, political fundamentalism and clergyfication of the parties, and in its turn would entail tearing away of religion as the form of social identity and its replacement from the system of factors consolidating the society. Creation of parties according to the national attribute could lead to prevalence in elective authorities of the representatives of the parties reflecting interests of the large ethnic groups to the detriment of interests of small ethnic groups, and to infringement of the stipulated by the Constitution of the Russian Federation principle of legal equality irrespective of national belonging (Part 2 Article 6, Part 4 Article 13, Part 2 Article 19)., the constitutional principle of the democratic and secular state referring to the concrete historical realities developed in the Russian Federation as the multinational and multiconfessional country, does not suppose creation of political parties according to the national or religious belonging., in conditions of intensity, of interethnic and interconfessional relations, and of growing political claims on the part of modern religious fundamentalism when coming into the sphere of politics (ie, in sphere of struggle of power) differentiation to the religious belonging which can get national attribute, can lead to the split of the society to national - religious components (in particular, to Slavonic-Christian and Turk-Muslim), introduction into the Federal Law «About political parties» the interdiction on creation of political parties according to national or religious attribute corresponds to authentic sense of Articles of 13 and 14 of the Constitution of the Russian Federation in interrelation with its Articles 19 (Part 1 and 2) , 28 and 29 and is the appropriate concrete definition of their regulations.creation of regional parties is constitutional? of effective system of institutes of the civil society is impossible without taking into account of the circumstance, that political self-organizing of the population is realized by territorial communities. In Russia these are local (municipal) communities, the population of the subjects of the Russian Federation (regional communities), and at the supreme state-territorial level - the multinational Russian people. It means, that each of them should have real opportunities to participate in the federal political process, and in political process of regions and municipal units, including party-political activity. But whether it means that at each level of the territorial organization of the population there shall be possible creation of independent (territorial or interterritorial) public political organizations and whether political activity in regions and municipalities should be concentrated within the limits of territorial branches of the federal party structures? analysis of foreign practice of regulation of the corresponding sphere of the public relations allows to give the certain answer supposing admissibility of creation of such organizations. So, for example, in Germany dozens of parties act at the level of separate districts, in particular in Bavaria; in India several tens of national parties include about 300 parties acting within the limits of several states, at the level of separate states or at the local level; in Spain the major number of the parties working at the regional level, is concentrated basically in Catalonia and Basque Provinces; in Mexico presence of regional political parties is stipulated in Article41 of the Constitution; in the United Kingdom of Great Britain and Northern Ireland there are independent parties practically in all parts of the Kingdom (the Scotch national party, the Welsh national party, the unionist party of Ulster, etc.); In France various parties of Corsica and oversea departments are allocated with the right to take part in elections to the national Parliament; in Japan out of 10 thousand registered parties the overwhelming majority act at the local level (in prefectures and units of local self-management) .the Russian legislation the given question is solved essentially differently. What parity with the constitutional norms such approach is? Constitutional Court of the Russian Federation has been petitioned by the political organization of the Kaliningrad region «the Baltic republican party» with the complaint on the infringement of the constitutional righ...


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