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





ts and freedoms by the regulations of Articles 1, 3 (item 2), 5 and 47 (item 6) of the Federal law «About political parties» .given organization was founded on March 21, 1992 and was registered on December 1, 1993. In connection with the change of the legislation on September 24, 1 998 it has passed re-registration in Department of the Ministry of Justice of the Russian Federation on the Kaliningrad region and has got the new registration certificate. In August 2002 the above mentioned Department of Ministry of Justice of the Russian Federation addressed to the applicant with the instruction of the requirement of exception of the word «party» from the name of the organization and on October 23, 2002 activity of «the Baltic republican party »has been stayed for the period of six months. The legality of stay has been confirmed by the Decisions of the Kaliningrad regional court from November 14, 2002 and of the Supreme Court of the Russian Federation from January 30, 2003.the opinion of the applicant, the disputed regulations contradict the constitutional principles of federalism and political variety (Articles 1 and 13 of the Constitution of the Russian Federation) as they forbid to create at own discretion of the citizens on the territory of one or several subjects of Federation regional political organizations and establish «uniform, that is unitary order of existence of parties »; demand, that the political party should have regional branches in more than half of the subjects of the Russian Federation, thus in the subject of the Russian Federation there can be created only one regional branch of the given political party; and the party should consist not less than ten thousand members, and regional branches more than in half of the subjects of the Russian Federation - not less than hundred persons.Resolution on the given case, made on February, 1, 2005 [4], the Constitutional Court of the Russian Federation has specified, first of all, the fact, that the Constitution of the Russian Federation, stipulating the principle of multi-party system, does not determine, at what territorial level should be created political parties - all-Russian, inter-regional or local; it does not contain direct interdiction on creation of regional parties. Hence, the restriction established by the disputed Law shall be legal in the event if it is necessary for the purpose of protection of the constitutional values ??as it is stipulated in Part 3 Article 55 of the Constitution of the Russian Federation., Activity of political parties according to the Constitutional Court, is directly connected with organization and functioning of public (political) authority: they are included in the process of imperious relations and at the same time, being voluntary associations within the framework of the civil society, act as the necessary institute of representative democracy providing participation of the citizens in the political life of the society, political interaction of the civil society and the state, integrity and stability of the political system. The given circumstance allows the federal legislator to establish - for development of the constitutional regulations about the right of each person to association - additional requirements to creation of political parties, their structure and realization of authorized activity.the sense of the Federal Law «About political parties », political parties are created for maintenance of participation of citizens in the political life of the entire Russian Federation, but not its separate part, they are called to form political will of the multinational Russian people as the whole, to express, first of all, national interests; the purposes of their activity should not associate extremely with interests of separate regions. At the same time, carrying out their activity directly in the regions, political parties should provide combination of national and regional interests.this sense structurization of political space by means of coordination of the opportunity of getting the status of the political party only by public associations which express interests of the greater part of the citizens irrespective of the region of residing and act on the entire or the greater part of the territory of the Russian Federation, it is directed against crushing political forces, existence of the number of artificially created (especially during election campaigns) small parties whose activity is designed for a short time and which are not capable to execute the applicability as the public association in the political system of the society.into account these circumstances, the Constitutional Court, making the decision on corresponding case , grounded on the fact that in modern conditions, when the Russian society has not yet got the solid experience of democratic existence when serious calls on the part of separative, nationalist, terrorist forces take place, creation of regional political part...


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