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0ЮРИДИЧЕСКИЕ НАУКИ
UDC 329.8
Anton Yu. Palyulin
Postgraduate student of the Department of Fundamental Legal and Social and Humanitarian Disciplines of
the Moscow Financial and Industrial University "Synergy" Scientific director: Bogatyrev Valery Viktorovich Doctor of Law, Professor of the Law Institute of the Vladimir State University. Professor of the Faculty of
Law of the Moscow Financial and Industrial University "Synergy"
COMPARATIVE LEGAL ANALYSIS OF THE STATUS OF THE CHAIRMAN AND LIQUIDATOR OF THE REGIONAL BRANCH OF A POLITICAL PARTY IN THE RUSSIAN PARTY SYSTEM.
DOI: 10.31618/ESSA.2782-1994.2023.1.93.390 Summary: The article examines the state of voluntary liquidation of a regional branch of a political party with the features of this process in relation to the corporate and political rights of the regional branch. The article states that a decision on liquidation can be made by a general meeting of members of a regional branch or the highest body of the party, as well as by a person specified in the charter. In the event of liquidation of a regional branch of a political party, its rights are transferred to the appointed liquidator. A limitation for the activities of a regional branch in a state of liquidation is the impossibility of nominating candidates for elections. This practice is becoming widespread among Russian political parties.
Key words: liquidator, liquidation, reporting, party system, partology, political party, regional branch.
Introduction.
The state of voluntary liquidation of a legal entity is the process of terminating the activities of a legal entity and its exclusion from the Unified State Register of Legal Entities (hereinafter referred to as the Unified State Register of Legal Entities). Based on Part 2 of Art. 61 of the Civil Code of the Russian Federation, the decision on voluntary liquidation is made by its founders (participants) or a body authorized to do so by the constituent documents.
Voluntary liquidation of a legal entity in the Russian Federation is carried out in the event of contradictions between the founders; failure to achieve the goals set for the legal entity; insufficient efficiency of the legal entity. In relation to the regional branch of a political party, this is usually a crisis of a political nature, caused by disagreements between members of the regional branch, or by the insufficiency of members of the regional branch to maintain the minimum required number.
Research.
Speaking about the regional branch of a political party, a decision on its voluntary liquidation can be made by a general meeting (conference) of members of the regional branch (Part 2 of Article 24 of the Federal Law of July 11, 2001 No. 95-FZ "On Political Parties"), or by a congress of a political party as its supreme body (Part 1 of this article), or a person specified in the Charter. Thus, in the Political Party "GREEN ALTERNATIVE", the liquidation of regional branches has the right to be carried out by the Board of the Party (Clause 6.4 of the Charter) [8]; in the Political Party "Party direct democracy" - the Supreme Coordination Council of the Party (clause 6.4 of the Charter) [11]; in the Political Party "NEW PEOPLE" - the Central Council of the Party (clause 22.3 of the Charter) [10]; in the Political Party "COMMUNIST PARTY OF THE RUSSIAN FEDERATION" - Central Committee of the Communist Party of the Russian Federation and the
Presidium of the Central Committee of the Communist Party of the Russian Federation (clause 6.19 of the Charter) [9]; the All-Russian political party "UNITED RUSSIA" has only the Party Congress [7].
The state of liquidation of a regional branch of a political party does not detract from the rights of the regional branch, except that instead of the head of the regional branch, there is an appointed liquidator who exercises all the rights of the sole executive body of the regional branch. In general, the liquidation of a regional branch of a political party is regulated by Articles 6164.1 of the Civil Code of the Russian Federation, Article 42 of the Federal Law "On Political Parties". Publication about the upcoming liquidation (paragraph 1, part 1, article 63 of the Civil Code of the Russian Federation) is not required if the regional branch does not move to the stage of identifying creditors (part 1, article 63 of the Civil Code of the Russian Federation) who are with the regional branch that did not open a current account with bank, as a rule, are absent.
A significant limitation for the activities of the regional branch of a political party in a state of liquidation is the impossibility of nominating candidates for the appropriate level of elections. This restriction is not provided for by law, but is widely practiced by Russian political parties. Thus, the charter of the All-Russian political party "UNITED RUSSIA" [7] contains an indication (clause 13.7.7.6. and 13.7.7.6.1. of the Charter) that the list of candidates for deputies of the legislative (representative) body is the nomination of the state power of the subject of the Russian Federation in a single electoral district (in agreement with the Presidium of the General Council of the Party), and (clause 13.7.7.7. and 13.7.7.7.1. of the Charter) a list of candidates for deputies of the representative body of the municipality in a single electoral district, if any, is nominated by the highest governing body of the regional party branches -conference. The conference of the regional branch of
the Party is convened by the Presidium of the Regional Political Council (clause 13.7.1 of the Charter). The Presidium of the Regional Political Council is a permanent governing elective collegial body of the regional branch of the Party (clause 13.9.1 of the Charter). The liquidation commission or liquidator, appointed, in accordance with Part 3 of Article 62 of the Civil Code of the Russian Federation, to act on behalf of the liquidated legal entity, obviously is not the Presidium of the Regional Political Council or another governing body in the party.
The situation is similar in Russian non-parliamentary parties. So, in clause 8.1.2. The Charter of the Political Party "Direct Democracy Party" [11] expressly states that the Conference or General Meeting of the regional branch of the Direct Democracy Party is convened by the Coordinating Council of the regional branch, and not by any other governing body.
It should also be noted that the requirements for the liquidator or liquidation commission do not provide for mandatory party membership, as in most charters of Russian political parties. In the All-Russian political party "UNITED RUSSIA", members of the Presidium of the Regional Political Council are elected by the Conference of the regional branch of the Party from among the members of the Regional Political Council (clause 13.9.4 of the Charter). The regional political council, in turn, is elected by the Conference of the regional branch of the Party from among the members of the Party registered with the regional branch (clause 13.8.2 of the Charter). In the Political Party "Party of Direct Democracy", the Secretary of the regional branch of the party is elected by the Conference (General Meeting) of the regional branch for a period of five years from among the members of the Party (clause 8.4.1 of the Charter).
As we see, political parties tend to limit themselves in their Charters, allowing the management of regional branches either by members of a political party or members of a political party registered in a specific regional branch. The status of the liquidator and the liquidation commission is determined by law, and does not require either the registration of the liquidator or members of the liquidation commission in the regional branch, or party affiliation in general.
Only an interested person or an authorized state body has the right to demand in court the liquidation of a legal entity and the appointment of an arbitration manager for this (Part 5 of Article 62 of the Civil Code of the Russian Federation), including in case of violation of the deadlines for liquidation. However, firstly, the deadlines for the liquidation of the regional branch of a political party are not established by law, and are established only by the liquidator (liquidation commission) (Part 3 of Article 62 of the Civil Code of the Russian Federation), and secondly, the court can liquidate the regional branch of the Party only in case of violations , provided for in Part 3 of Article 42 of the Federal Law "On Political Parties" , and violation of the procedure for voluntary liquidation is not included in this list [3]. Thus, having once entered into a state of
liquidation, the regional office can continue to operate as usual, with the limitation of prohibiting the nomination of candidates and lists of candidates.
In addition, the transfer of regional branches to a state of liquidation allows us to maintain the required minimum number of regional branches - no less than in half of the constituent entities of the Russian Federation (clause a) Part 2 of Article 3 of the Federal Law " On Political Parties"). According to open data of the Unified State Register of Legal Entities [6], since 2020, regional branches in the Tomsk region (TIN: 7017474611) and Nizhny Novgorod region (TIN: 526237384l) of the political party "Party of Direct Democracy" continue to operate in a state of liquidation. Since 2021, the regional branch in the Vladimir region of the Political Party "GREEN ALTERNATIVE" (TIN: 3327146860) has been in a state of liquidation. These regional branches of political parties, while not leading an active political life, nevertheless exist as legal entities and submit reports. Subsequently, with the resumption of political activity by parties in these constituent entities of the Russian Federation, it is possible to cancel the liquidation and elect the leaders of the regional branch. Considering that the political activity of parties is largely moving to the global Internet [13], supporting the regular work of regional branches in those constituent entities of the Russian Federation where election campaigns are not planned in the coming years really becomes laborintensive and not always optimal .
The environmental party "GREEN" in August 2023 implemented the appointment of the same liquidator to 8 regional branches of the political party at once: in the Kirov region (TIN: 4345981104), in the Republic of Khakassia (TIN: 1901101172 ), in the Altai Republic (TIN: 411154279), in the Republic of Tatarstan (TIN: 1660163420), in the Sverdlovsk region (TIN: 6670993676), in the Republic of North Ossetia -Alania (TIN: 1513010782) and in the Tyumen region (TIN: 7204182182). In this case, one liquidator formally falls under the definition of a "mass leader" -an individual who is the head of several organizations at once [5]. Despite the fact that a "mass leader" in an organization indicates signs of a fly-by-night company [4], this criterion is not applicable to regional branches of a political party that are not created for the purpose of making a profit (Part 1, Article 3 of the Federal Law "On Political Parties") "), but with the aim of implementing the party's political program in the region and attracting new supporters. In addition, in one subject of the Russian Federation there cannot be more than one regional branch of a political party ( clause a ) part 2 of article 3 of the Federal Law "On Political Parties").
As a conclusion , I would like to note that Russian political parties will be able, by amending their Charters, to allow the nomination of candidates and lists of candidates by general meetings and conferences of regional branches of political parties convened by such bodies as a "person acting without a power of attorney" or a "governing body" , which will give the liquidators not only the rights of a sole executive body,
but also the rights of a political leader, and will allow the regional branch of a political party in a state of liquidation to lead a full political life.
These legislative opportunities can change the entire party system of the Russian Federation, since they will allow the appointment of full-fledged political leaders to regional branches of political parties, bypassing the collegial bodies of regional branches and the election procedure, replacing it with appointment from a single decision-making center. Despite the fact that the Federal Law of July 11, 2001 No. 95-FZ "On Political Parties" does not prevent the appointment of persons acting as chairmen of regional branches by the authorized body of a political party, including from among non-party specialists, political parties are in no hurry to take advantage of this advantage. Thus, there is a tendency to shift the management function in a political party from the bureaucratic apparatus towards the headquarters of the political party. [1]
LITERATURE
1. Bogatyrev V.V. Political system of modern Russian society: dissertation . ... cand. legal Sciences. N. Novgorod ., 1998. 146 p. P. 54.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // Reference legal system "Consultant Plus". Electron. version. (access date 08/22/2023).
3. Dolgikh F.I. Forced liquidation of political parties in Russia - analysis of law enforcement practice 2016 - 2019. // Russian justice. 2019. N 6. P. 55 - 58.
4. Letter of the Ministry of Finance of Russia dated December 17, 2014 No. 03-02-07/1/65228 // Reference legal system "Consultant Plus". Electron. version. (access date 08/22/2023).
5. Resolution of the Arbitration Court of the Central District dated September 3, 2020 No. F10-5459/2018 in case No. A09-3837/2015 // Reference legal system "Consultant Plus" Electronic. version. (access date 08/22/2023).
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7. Charter of the All-Russian political party "UNITED RUSSIA" // Ministry of Justice of the Russian Federation. Electron. version. URL: https://minjust.gov.ru/uploaded/files/ustav-partii-edinaya-rossiya.docx (access date 08/22/2023).
8. Charter of the Political Party "GREEN ALTERNATIVE" // Ministry of Justice of the Russian Federation. Electron. version. URL: https://minjust.gov.ru/uploaded/files/ustavpolitichesko ypartiizelenayaalternativa.doc (access date 08/22/2023).
9. Charter of the Political Party "COMMUNIST PARTY OF THE RUSSIAN FEDERATION" // Ministry of Justice of the Russian Federation. Electron. version. URL: https://minjust.gov.ru/uploaded/files/ustav8.docx (access date 08/22/2023).
10. Charter of the Political Party "NEW PEOPLE" // Ministry of Justice of the Russian Federation. Electron. version. URL: https://minjust.gov.ru/uploaded/files/ustav-pp-novyie-lyudi.docx (access date 08/22/2023).
11. Charter of the Political Party "Party of Direct Democracy" // Ministry of Justice of the Russian Federation. Electron. version. URL: https://minjust.gov.ru/uploaded/files/ustavpolitichesko ypartiipartiyapryamoydemokratii.docx (access date 08/22/2023).
12. Federal Law "On Political Parties" dated July 11, 2001 No. 95-FZ // Reference legal system "Consultant Plus". Electron. version. (access date 08/22/2023).
13. Philip Gurov: "You can talk about the effectiveness of a party's presence on the Internet only by comparing it with its competitors" // Internet publication "33live.ru": website. URL: https://33live.ru/novosti/30-11-2015-filipp-gurov-govorit-ob-effektivnosti-prisutstviya-partii-v-internete-mozhno-lish-sravnivaya-eyo-s-konkurentami.html
© Palyulin Anton Yurievich ( anton @ palyulin .
ru )
