The question of how to create a political party is quite relevant today. A large number of people want to register their own political movement, but do not know how to do this. This article will deal with 95-FZ, which enshrines the rules regarding the creation and functioning of political parties.
Political party concept
What is a political party? The presented normative act speaks of a special social movement that is created for the participation of Russian citizens in the political life of the country. For this, a political party must form and express its active political will, take part in various kinds of actions, represent the interests of citizens and implement its own program.
According to the law, each political party is a legal entity. 95-FZ states the need for a party to meet the following requirements:
- the presence of regional branches in at least half of the constituent entities of the Russian Federation;
- the presence of at least five hundred party members;
- the presence of leading and other party members on the territory of the Russian state.
The goals of any political party are the formation of public opinion, work on the political education of citizens, the expression of people's opinions and the nomination of their own candidates for elections.
Ways to create a party
According to article 11 of the Federal Law "On Political Parties", political movements can be created freely. This does not require special permission from officials or government agencies. The only option to register a political party is to create it at the constituent congress and register it with the Ministry of Justice.
At the constituent assembly, a decision is made by like-minded people to create a party and its regional branches. The charter and program are also adopted there. All delegates to the constituent assembly must also be the founders of the party. From the first day of its creation, the political movement begins to carry out outreach and organizational activities. All party powers must comply with the law, any manifestations of an extremist or terrorist nature will entail the liquidation of the movement.
Creation of an organizing committee
The Organizing Committee is an essential element in the system of political movements. Article 12 of the Federal Law "On Political Parties" discloses in detail the activities of the authority represented.
The committee must be attended by at least ten people. It is created for the preparation and conduct of the constituent assembly. The duties of the committee members include notifying the Government of the intention to create a party and working out the name of the movement.
In addition to the notification statement, the following should be submitted to the executive authority:
- the minutes of the committee meeting with the objectives, terms of office and location of the committee;
- information about the members of the committee.
Before creating a party, the organizing committee disseminates information on its intentions in several national publications.
Organizational Committee Functions
The tasks of the committee are quite simple. But what functions does the committee have? This is described in article 13 of the Federal Law "On Political Parties". According to the law, the committee must independently determine its functioning. He sets the dates for the constituent assembly and is engaged in its holding.The duties of the committee include opening a current account in one of the Russian credit organizations. It is on this account that finances must come in for the effective work of the committee and the further political movement. It is worth noting that the budget for the functioning of the party should be formed from donations from supporters.
The Organizing Committee ceases its activity following the results of the founding congress, which raised questions about how to create a party and ensure its continued functioning. All property of the committee passes into the possession of the party itself.
Founding congress
Rossiyskaya Gazeta must publish free of charge information about the time and place of the constituent assembly. The publication should appear no later than a month before the convocation.
A constituent congress cannot be considered lawful in cases where not all party delegates indicated in the corresponding document took part in it. According to the law, at least two representatives must be present in a party from each region of the Russian Federation.
What do they do at the constituent assembly? The Charter and the program of the party are adopted here, issues of further work of the political movement are discussed.
State registration of the party
The question of how to create a party cannot do without solving the problem of state registration. According to the normative act in question, both the political movement itself and its regional branches are subject to state registration, taking into account the procedure established by law. The fact of state registration is entered in a single information register of legal entities.
How to register a party? 15th article 95-ФЗ states the registration of movement by the federal executive body or its regional branches. The federal authority here is the Ministry of Justice. For registration it is necessary to pay the state fee, the amount of which is established by law.
What documents are needed to register a political movement? Organizers must provide:
- Application in the form of No. P11001 in duplicate;
- copy and original of the decision of the constituent congress;
- a copy and the original document on the registration of the party;
- copy and original of the Charter and Party Program;
- certificate of place of registration of the party leader;
- list of party members.
The same list of documents will have to be used when entering information about the political movement in the Unified State Register of Legal Entities.
Creating a charter and program
Each political party should have its own clearly defined and detailed political program. The question of how to create a political party should not arise until these two documents appear. What should a party charter include? According to article 21 of the law "On Political Parties", it is necessary to prescribe:
- goals and objectives of the party, its name;
- number of party members;
- conditions for acquiring party membership;
- the procedure for the creation, reorganization and liquidation of the party;
- the procedure for amending the charter;
- rights of a political party.
The program should include information on the basic principles and tasks of a political party in various public spheres.
On the structure and rights of the party
What rights does any political party have? According to article 26, there are:
- free distribution of information about their activities;
- participation in the development of decisions by state bodies or local authorities on the ground;
- participation in elections and referenda;
- the creation of regional offices;
- rallies, processions, meetings and other public events;
- protection of one’s rights, etc.
The party structure should be composed of the party apparatus, which is an organized group of party workers, as well as the party mass, which includes ordinary members of the movement. Party membership must be voluntary.