1. Supervision over observance by political parties and their regional branches of Russian Federation laws shall be carried out by the Public Prosecutor's Office of the Russian Federation.

2. Control over the conformity of the activity of political parties and their regional branches to the objectives and tasks set froth in the rules and the programs of the political parties shall be exercised by the registering bodies. These bodies shall have the right to:

(a) require from the leading bodies of a political party and its regional divisions directive and other documents confirming the presence of regional branches and the required number of members of the political party;
(b) send their representatives for participation in public events held by a political party (including congresses and conferences);
(c) issue a written warning (with the indication of the specific reasons therefor) to a political party or its regional branch if their activity contradicts the provisions, objectives, and tasks of the political party defined by its rules and its program. Such warning may be appealed by a political party or its regional branch in a court. If a warning is issued to a regional branch of a political party, the registering body shall, without delay, inform the leading body of the political party to this effect.

3. Control over the sources of income of political parties and their regional branches, amounts of the funds which they receive and payment of taxes shall be exercised by tax agencies.

4. Supervision and control over compliance by political parties and their regional branches with the existing norms and standards may be exercised by ecological, fire-prevention, epidemiological, and other state supervision and control agencies in the procedure established by Russian Federation laws for legal entities.

Article 39. Suspension of the Activity of a Political Party

1. If a political party violates the Constitution of the Russian Federation, federal constitutional laws, this Federal Law or other federal laws, or if it commits acts and actions infringing the rights and liberties of citizens, the Prosecutor-General of the Russian Federation shall make a representation to the leading body of the political party requesting that such violations be removed and shall set the time for their removal. If these violations are not removed within the established time, the activity of the political party shall be suspended for a period up to six months by a decision of the Supreme Court of the Russian Federation on the basis of a request of the Prosecutor-General of the Russian Federation.

2. If a regional branch of a political party violates the Constitution of the Russian Federation, federal constitutional laws, this Federal Law or other federal laws or if it commits acts and actions infringing the rights and liberties of citizens, the Public Prosecutor of the subject of the Russian Federation shall make a representation to the leading body of the regional branch requesting that such violations be removed and shall set the time for their removal. If these violations are not removed within the established time, the activity of the regional branch of a political party shall be suspended for a period up to six months by a decision of the Supreme Court of the republic, the territory or district court, the court of the federal city, the court of the autonomous district or autonomous area on the basis of a request of the Public Prosecutor of the subject of the Russian Federation.

3. The registration bodies may request a court to suspend the activity of a political party or its regional branch after a written warning was issued in accordance with Clause 2 of Article 38 of this Federal Law if this warning was not appealed in a court in the procedure established by the law or was not pronounced by a court as not being based on the law. A request for suspending the activity of a political party or its regional branch shall not be filed while the appeal against the said warnings is being considered by a court.

Article 40. Consequences of Suspension of the Activity of a Political Party

1. Should the activity of a political party (its regional branch) be suspended for a period determined by the court decision, its rights as a founder of mass media shall be suspended and it shall be prohibited from using state and municipal mass media, organizing rallies, demonstrations, and other public events, taking part in elections and referendums, using bank deposits for purposes other than to make settlements connected with the economic activity and labor contracts, pay compensation for losses (damages) caused by their acts and actions, pay taxes and fines.

2. If, during the period of suspension of the activity of a political party or its regional branch, determined by a court, the violations which served as a reason for such suspension were removed, after the end of the said period the political party or its regional branch shall resume its activity.

3. If a political party or its regional branch fails to remove the violations which served as a reason for suspension of their activity, the body which requested a court to suspend the activity of the political party or its regional branch shall request the corresponding court to liquidate this political party or its regional branch.

Article 41. Liquidation of a Political Party

1. A political party may be liquidated by a decision of its highest leading body - the congress of the political party or by a decision of the Supreme Court of the Russian Federation.

2. The decision of the congress of a political party on liquidation of the political party shall be taken in accordance with Clause 1 Article 25 of the this Federal Law in the procedure established by the party rules.

3. A political party may be liquidated by a decision of the Supreme Court of the Russian Federation if:

(a) the requirements of Article 9 of this Federal Law were violated;
(b) decisions were taken, which infringe the rights and liberties of citizens;
(c) the violations which served as a reason for suspension of the activity of the political party were not removed within the time determined by a court decision;
(d) the political party has not participated in elections in accordance with Article 37 of this Federal Law;
(e) regional branches of the political party with not less than 100 party members are absent in more than a half of the subjects of the Russian Federation;
(f) the political party does not have the minimum total number of members required under Clause 2 Article 3 of this Federal Law.

4. A request for liquidation of a political party shall be filed with the Supreme Court of the Russian Federation by the Prosecutor-General of the Russian Federation. In the cases provided by Sub-clauses "c" - "f" of Clause 3 of this Article the said request may be filed by the registering body.

Article 42. Liquidation of Regional Branches of a Political Party

1. A regional branch of a political party may be liquidated by a decision of the body of the political party authorized to take such decisions by its rules, by a decision of the Supreme Court of the republic, the territory or district court, the court of the federal city, the court of the autonomous district or autonomous area and also in the event of liquidation of the political party.

2. Liquidation of a regional branch of a political party by a decision of the duly authorized body of the political party shall be carried out on the grounds and in the procedure established by the rules of the political party. The authorized body of a political party shall, without delay, inform the registering body of its decision so that a corresponding entry is made in the unified state register of legal entities.

3. Liquidation of a regional branch of a political party by a decision of the Supreme Court of the republic, the territory, district court, the court of the federal city, the court of the autonomous district and autonomous area shall be carried out if:

(a) decisions are taken, which infringe the rights and liberties of citizens;
(b) violations which served as a reason for suspending the activity of the regional branch were not removed within the time established by a court decision;
(c) the regional branch does not have the number of members of the political party required under Clause 2 Article 3 of this Federal Law.

4. A request for liquidation of a regional branch of a political party shall be filed with the Supreme Court of the republic, the territory, district court, the court of the federal city, the court of autonomous district and autonomous area by the Public Prosecutor of the subject of the Russian Federation. In the cases provided by Sub-clauses "b" and "c" of Clause 3 of this Article the said request may be filed by the registering body.

Article 43. Appealing a Court Decision to Suspend the Activity of or Liquidate a Political Party, Its Regional Branch

1. A court decision to suspend the activity of a political party or its regional branch or to liquidate a political party or its regional branch may be appealed in the cases and in the procedure established by a federal law.

2. If a decision to suspend the activity of or liquidate a political party or its regional branch is reversed, the state shall compensate the political party for all losses which the party sustained because of unlawful suspension of the activity of the political party, its regional branch or unlawful liquidation of the political party, its regional branch.

Article 44. Reorganization of a Political Party

1. Reorganization of a political party shall be carried out by a decision of the congress of the political party to be taken as provided in Clause 1 Article 25 of this Federal Law and the rules of the political party.

2. Reorganization of regional branches of a political party shall be carried out by a decision of the congress of the political party or a decision of the body of the political party authorized to take such decisions. Regional branches of a political party shall not take decisions on their reorganization by themselves.

Article 45. Consequences of Reorganization and Liquidation of a Political Party

1. In the event of liquidation of a political party, after completion of settlements under obligations of the political party its property shall be:

used for the objectives set forth in the rules and the program of the political party, if liquidation was carried out by a decision of the congress of the political party;
transferred to the state budget, if liquidation was carried by a court decision.

2. In the event of reorganization of a political party its property shall be disposed of in the procedure established by the Civil Code of the Russian Federation for reorganization of legal entities.

3. After a political party ceases its activity upon its liquidation or reorganization the state registration certificate of the political party shall be annulled and the political party shall be removed from the unified state register of legal entities.

«« Пред. | ОГЛАВЛЕНИЕ | След. »»

ПУБЛИКАЦИИ ИРИС

ВЫБОРЫ ОРГАНОВ ГОСУДАРСТВЕННОЙ ВЛАСТИ РОССИЙСКОЙ ФЕДЕРАЦИИ, ОРГАНОВ ГОСУДАРСТВЕННОЙ ВЛАСТИ И МЕСТНОГО САМОУПРАВЛЕНИЯ СУБЪЕКТА РОССИЙСКОЙ ФЕДЕРАЦИИ (ПОРЯДОК ПОДГОТОВКИ И ПРОВЕДЕНИЯ): МЕТОДИЧЕСКОЕ ПОСОБИЕ ДЛЯ УЧАСТКОВОЙ ИЗБИРАТЕЛЬНОЙ КОМИССИИ

Автор: Редакция журнала «Местная власть»-ИРИС
Форма выпуска: Книга

В материалах этого уникального пособия доступным языком рассказывается об избирательной системе Российской Федерации, с учетом того, что пособие подготовлено для организаторов выборов на уровне избирательного участка – основного звена системы.

Подробнее >>>