1. The control over the observance by political parties, their regional branches and other structural subdivisions of the Russian Federation laws and over compliance of the activity of a political party, its regional branches and other structural subdivisions with the provisions, objectives and goals set out in the statutes of the political party shall be exercised by registration authorities.

The said authorities may:

a) not oftener than once a year examine the documents of political parties and their regional branches, which confirm the existence of the regional branches and the number of members of the political parties;
b) send their representatives to public events (including congresses, conferences or general meetings) held by a political party, its regional branches and other structural subdivisions to adopt the statutes and the program of the political party, introduce modifications and amendments in these documents, elect the leading and supervisory-auditing bodies of the political party, nominate candidates for deputies and for other elective offices in the bodies of state power and the bodies of local self-government, reorganize and liquidate the political party and its regional branches;
c) issue a written warning to a political party, its regional branch or other registered structural subdivisions (indicating the concrete reasons for doing so) if they carry on an activity which is contrary to the provisions, objectives and goals set out in the statutes of the political party. The political party, its regional branch or other registered structural subdivisions may appeal this warning in a court. If a warning is issued to a regional branch or some other registered structural subdivision of the political party, the territorial registration agency shall immediately inform to this effect the federal registration body and the leading body of the political party;
d) apply to a court for suspension of the activity or for liquidation of a political party, its regional branch or other registered structural subdivisions in pursuance of Clause 3, Article 39; Clause 3, Article 41; Clause 3, Article 42 of this Federal Law.

2. The control over the sources of income of political parties, their regional branches and other registered structural subdivisions, over the amount of funds received by them and over the payment of taxes shall be exercised by the tax authorities of the Russian Federation.

Article 39. Suspension of the Activity of a Political Party, Its Regional Branch and Other Structural Subdivisions

1. If a political party violates the Constitution of the Russian Federation, the federal constitutional laws, this Federal Law and other federal laws, the federal registration body shall issue a written warning to the political party, indicating the committed violations, and shall set a period for removing these violations, which shall be not less than two months. If the political party fails to remove these violations within the prescribed period and does not appeal the warning of the federal registration body to a court, the activity of the political party may be suspended for a period of up to six months by a decision of the Supreme Court of the Russian Federation on the basis of an application of the federal registration body.

2. If a regional branch or other structural subdivisions of a political party violate the Constitution of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws, the appropriate territorial registration agency shall issue a written warning to this regional branch or the other structural subdivision of the political party, indicating the committed violations and shall set a period for removing these violations, which shall be not less than one month. If the regional branch or the other structural subdivision of the political party fails to remove these violations within the prescribed period and does not appeal the warning of the territorial registration agency to a court, the activity of the regional branch or the other structural subdivision may be suspended for a period of up to six months by a decision of the supreme court of the republic, a territorial or regional court, the court of a city of federal significance, the court of an autonomous region or autonomous district on the basis of an application of the appropriate territorial registration agency.

3. The registration authorities may apply to a court for suspension of the activity of a political party, its regional branch or other structural subdivisions following the issuance of two written warnings as provided in Sub-Clause "c," Clause 1, Article 38 of this Federal Law, unless these warnings have been appealed to a court in the procedure established by law or have been found to be contrary to law by a court. The federal registration body or a territorial agency shall not apply to a court for suspension of the activity of a political party, its regional branch or other structural subdivisions while the court is considering the complaints against such warnings.

4. If a local or a primary branch of a political party is not a legal entity, the responsibility established by this Federal Law for violations committed by this local or the primary branch shall be borne by the respective regional branch of the political party.

5. The activity of a political party, whose federal list at the election of deputies to the State Duma of the Federal Assembly of the Russian Federation was admitted for distribution of deputy mandates, shall not be suspended on the grounds, provided for in Sub-Clauses "d" and "e," Clause 3, Article 41 of this Federal Law, during four years from voting day at the said elections.

6. It shall not be allowed to suspend the activity of a political party in the period from the day of official publication of a decision to call (hold) elections of deputies to the State Duma of the Federal Assembly of the Russian Federation or the election of President of the Russian Federation to the day of official publication of the election results, except for the cases provided by Clauses 1, 4 and 5, Article 9 of this Federal Law.

7. It shall not be allowed to suspend the activity of a regional branch of a political party in the period from the day of official publication of a decision to call (hold) elections of deputies to the legislative (representative) body of the given subject of the Russian Federation, the top executive of the given subject of the Russian Federation (head of the highest executive body of state power of the given subject of the Russian Federation) to the date of official publication of the election results, except for the cases provided by Clauses 1, 4 and 5, Article 9 of this Federal Law.

Article 40. Consequences of Suspension of the Activity of a Political Party, Its Regional Branch and Other Structural Subdivisions

1. If the activity of a political party, its regional branch or other structural subdivisions has been suspended for a period established by a court decision, the rights of the political party, its regional branch or other structural subdivision as a founder of mass media shall be suspended, they shall be forbidden to make use of state-run and municipal mass media; organize and hold meetings, rallies, demonstrations, marches, picketing and other public events; participate in elections and referenda; use bank deposits, except for making payments required to carry on the economic activity of the political party, its regional branch or other structural subdivision, pay compensation for losses (damages) caused by their actions, pay taxes and fines and make settlements under labor contracts.

2. If, within the period of suspension of the activity of a political party, its regional branch or other structural subdivisions, established by a court decision, the violations because of which such suspension was imposed have been removed, the political party, its regional branch or other structural subdivision shall resume their activity upon expiration of the said period.

3. If a political party, its regional branch or other structural subdivisions fail to remove the violations because of which their activity was suspended, the federal registration body or the territorial registration agency which applied to a court for suspension of the activity of the political party, its regional branch or other structural subdivision shall apply to the appropriate court for liquidation of this political party, its regional branch or other structural subdivision.

Article 41. Liquidation of a Political Party

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

2. The resolution of the congress of a political party on liquidation of the political party shall be adopted in the procedure established by Clause 1, Article 25 of this Federal Law and the statutes of the political party.

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

a) fails to meet the requirements of Clauses 1, 4 and 5, Article 9 of this Federal Law;
b) fails to remove the violations because of which its activity was suspended within the period established by the court decision;
c) does not participate in elections as provided in Article 37 of this Federal Law;
d) does not have regional branches with not less than one hundred party members in more than a half of the subjects of the Russian Federation;
e) does not have the necessary number of members established by Clause 2, Article 3 of this Federal Law.

4. An application for liquidation of a political party shall be filed with the Supreme Court of the Russian Federation by the federal registration body.

5. A political party whose federal lists at the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation was admitted for distribution of deputy mandates shall not be liquidated on the grounds provided in Sub-Clauses "d" and "e," Clause 3 of this Article within four years from voting day at the said elections.

6. It shall not be allowed to liquidate a political party by a decision of the Supreme Court of the Russian Federation in the period from the day of official publication of a decision to call (hold) elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, the election of President of the Russian Federation to the day of official publication of the election results, except for the cases provided by Clause 1, Article 9 of this Federal Law.

Article 42. Liquidation of a Regional Branch and Other Structural Subdivisions of a Political Party

1. A regional branch and other structural subdivisions of a political party may be liquidated by a decision of the body of the political party duly authorized by its statutes, by a court decision and also in the event of liquidation of the political party.

2. Liquidation of a regional branch or other structural subdivisions of a political party by a decision of the body of the political party duly authorized by its statutes shall be carried out on the grounds and in the procedure established by the statutes of the political party. The said authorized body shall immediately notify the federal registration body in writing about its decision and the federal registration body shall make an appropriate entry in the unified state register of legal entities.

3. A regional branch or other structural subdivisions of a political party shall be liquidated by a court decision if:

a) they fail to meet the requirements of Clauses 1, 4 and 5, Article 9 of this Federal Law;
b) within the period established by the court decision they fail to remove the violations because of which their activity was suspended
c) the regional branch of a political party does not have the number of party members required under Clause 2, Article 3 of this Federal Law.

4. An application for liquidation of a regional branch or other structural subdivisions of a political party shall be filed with the supreme court of a republic, the territorial or regional court, the court of a city of federal significance, the court of an autonomous region or district by the federal registration body or by an appropriate territorial registration agency.

5. It shall not be allowed to liquidate a regional branch of a political party by a court decision in the period from the day of official publication of a decision to call (hold) elections of deputies to the legislative (representative) body of the subject of the Russian Federation, election of the top executive of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) to the day of official publication of the election results, except for the cases provided by Clause 1, Article 9 of this Federal Law.

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

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

2. If a court decision to suspend the activity of or liquidate a political party, its regional branch or other structural subdivisions is reversed, the state shall compensate for all losses sustained by the political party as a result of unlawful suspension of its activity, the activity of its regional branch or other structural subdivision or unlawful liquidation of the political party, its regional branch or other structural subdivision.

Article 44. Reorganization of a Political Party, its Regional Branch and other Structural subdivisions

1. A political party shall be reorganized by a resolution of the congress of the political party to be adopted in the procedure established by Clause 1, Article 25 of this Federal Law and the statutes of the political party.

2. A regional branch and other structural subdivisions of a political party shall be reorganized by a resolution of the congress of the political party or by a decision of the body of the political party duly authorized by its statutes. A regional branch of a political party may not take a decision on its own reorganization.

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

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

a) used for achievement of the goals set out in the statutes and the program of the political party if it was liquidated by a decision of the congress of the political party;
b) transferred to the budget revenues of the Russian Federation, if the political party was liquidated 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 with respect to reorganization of legal entities.

3. Upon termination of activity of a political party in the event of 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.

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ПУБЛИКАЦИИ ИРИС

ИЗБИРАТЕЛЬНАЯ КАМПАНИЯ: ВЗГЛЯД ИЗНУТРИ

Автор: Сборник статей
Форма выпуска: Книга

Сборник статей председателей избирательных комиссий из шести федеральных округов с вводной статьей Секретаря ЦИК РФ Ольги Застрожной рассказывает о региональной специфике проведения избирательных кампаний.

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