The impact of the principles of legal regulation of party relations on the constitutionalization of Russian political parties

Abstract

The theme of constitutionalization of political parties has been poorly studied in Russian legal science and requires consistent analysis. One of the factors that predetermines the vector of constitutionalization is the principles of legal regulation. Using the example of the Russian institution of political parties, the features of the development of constitutional legislation are traced and a dynamic constitutional reality is being formed. The abstractions “multi-party system” and “political diversity” involved in the Constitution predetermined a special mechanism for the constitutionalization of party legal relations in the Russian Federation. Their official interpretation in acts of the Constitutional Court of the Russian Federation and fragmentary disclosure in sectoral legislation lead to gaps in legal regulation and legal conflicts. The principles of legal regulation of party relations as the subject of research are aimed at resolving the latter. The main methodological technique is the theory of constitutionalization, developed by domestic legal scholars. Also involved in the work: the institutional approach, the method of legal hermeneutics and the systemic method. These methods made it possible to distinguish between the categories of “constitutionalization”, “formalization” and “institutionalization”, as well as to identify differences between the “principles of legal regulation of party relations” and “principles of party activity”. The work compares the norms from individual sources of legal regulation of political parties of different industry affiliations. This made it possible to identify the essence of legal principles and their purpose in the process of constitutionalization.

References

1. Aleshkova, I.A. and Stalnova, A.S. (2020). Principles of financial control of political parties. Law and State: Theory and Practice, 5 (185), pp. 33–36 (in Russ.).
2. Alimov, E.V. (2017). Party building in the Russian Federation: some trends in constitutional and legal regulation. Journal of Russian Law, 5 (245), pp. 27–36 (in Russ.).
3. Badysheva, M.I. and Radzhabov, F.G. (2023). The constitutional principle of political diversity in Russian legislation and the practice of its implementation. Eurasian Legal Journal, 5 (180), pp. 127–128 (in Russ.).
4. Boshno, S.V. (2019). Principles of law: concept and classification. Law and modern states, 4, pp. 53–59 (in Russ.).
5. Bulgucheva, F.B. (2022). Implementation of the principle of political diversity in the legislation on political parties. Legal fact, 177, pp. 14–18 (in Russ.).
6. Buchakova, M.A. (2022). Constitutionalization of Russian law. Current problems in the fight against crimes and other offenses, 22–2, pp. 82–83 (in Russ.).
7. Gandarova, L.B. (2023). Classification of principles of law. Law and management, 6, pp. 70–72 (in Russ.).
8. Denisov, S.A. (2022). General theory of constitutionalization of the world as a direction of scientific research. Constitutional and municipal law, 8, pp. 19–27 (in Russ.).
9. Erygin, Y.A. (2015). Manifestation of the dual legal nature of political parties as legal entities of private and public law. Constitutional and municipal law, 12, pp. 20–23 (in Russ.).
10. Zrazhevskaya, T.D. (2020). Constitutional principles as the basis for the methodology for developing indicators in the field of human rights. Legal technology, 14, pp. 29–35 (in Russ.).
11. Zuev, A.V. (2022). Principles of law: concept and meaning in legal regulation. Notes of a scientist, 1–1, pp. 375–377 (in Russ.).
12. Ivankina, N.Yu. (2022). The influence of the constitutional principle of a multi-party system in the Russian Federation on the relationship between the state and parties. State power and local self-government, 5, pp. 23–28 (in Russ.).
13. Ilyukhina, V.A. (2018). On the issue of criteria for the classification of principles of law. In V. A., Tolstik (Ed.). Criteria in law: theory, practice, technology. Collection of articles based on the materials of the All-Russian Scientific and Practical Conference (pp. 162–165). Nizhny Novgorod (in Russ.).
14. Kirichyok, E.V. (2023). Principles in law: theoretical-methodological and constitutional-legal characteristics. Legal science and law enforcement practice, 4 (66), pp. 17–24 (in Russ.).
15. Komarova, V.V. (2023). The theory of constitutionalization: the dynamics of formation in Russia. In V. V., Komarova (Ed.). Modern Russian constitutionalism: to the 85th anniversary of the birth of academician O. E. Kutafin (pp. 4–12). Moscow (in Russ.).
16. Konovalchikov, Y.A. (2021). The principle of equality of political parties in the electoral process. Russian Legal Journal. 4 (139), pp. 42–54 (in Russ.).
17. Lebedev, V.A. and Kireev, V.V. (2009). Problems of development of the doctrine of political parties as an element of the political system in the science of constitutional law. Bulletin of the Chelyabinsk State University, 15 (153), pp. 5–9 (in Russ.).
18. Lipchanskaya, M.A. (2014). Realization of the constitutional right of citizens to participate in the management of state affairs through political parties. Leningrad Law Journal, 2 (36), pp. 85–93 (in Russ.).
19. Lungu, E.V. (2020). Constitutional legal relations as a factor of objective legal reality. Constitutional and municipal law, 2, pp. 3–6 (in Russ.).
20. Minnikes, I.V. (2022). Atypical sources in constitutional law (part II). Constitutional and municipal law, 1, pp. 16–21 (in Russ.).
21. Mikhailov, A.E. (2020). Implementation of the principle of democracy in Russian legislation (using the example of the formation of a two-party system). Legal technology, 14, pp. 234–239 (in Russ.).
22. Hovsepyan, Zh.I. (2013). The Constitution of the Russian Federation as the basis for the formation of political parties and the implementation of party-political projects. Constitutional and municipal law, 11, pp. 31–38 (in Russ.).
23. Osavelyuk, E.A. (2022). Are constitutional principles fundamental legal ideas or guiding rules of law? Constitutional and municipal law, 1, pp. 26–28 (in Russ.).
24. Paramonov, A.V. (2020). Practical significance of constitutional principles of law. Current problems of state and law, Vol. 4, 16, pp. 435–441 (in Russ.).
25. Petrov, M.N. (2020). State power and the principle of party membership. Bulletin of the Novgorod branch of RANEPA, Vol. 10, 1 (12), pp. 88–96 (in Russ.).
26. Plotnikova, I.N. (2021). “Constitutionalization”: on the issue of the concept. News of Saratov University. Series: Economics. Management. Law, Vol. 21, 2, pp. 188–197 (in Russ.).
27. Ponomareva, M.A. (2020). On the issue of the content of the legal concept “constitutionalization”. Law and State: Theory and Practice, 7 (187), pp. 60–61 (in Russ.).
28. Popova, A.A. (2020). Problems of the legal status of political parties. Sociopolitical sciences, Vol. 10, 3, pp. 32–39 (in Russ.).
29. Primova, E.N. (2023). Constitutionalization of the legal space of Russia: from historical experience to modern realities. Education and Law, 2, pp. 56–59 (in Russ.).
30. Savchenko, O.G. (2010). On the corporate essence of political parties. Legal World, 12, pp. 27–29 (in Russ.).
31. Sadokhina, N.E. (2022). Party acts in the system of sources of Soviet law. Current problems of state and law, Vol. 6, 3 (23), pp. 295–301 (in Russ.).
32. Salikova, S.V. (2020). Some issues of classification of principles of law in the modern Russian legal system. Bulletin of the Faculty of Law of the Southern Federal University, Vol. 7, 4, pp. 76–80 (in Russ.).
33. Sidorkin, A.S. (2009). Principles of law: concept and role in legal regulation. Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences, 4, pp. 5–12 (in Russ.).
34. Skorobogatov, A.V. (2021). The role of legal principles in constitutional construction. Russian law online, 2, pp. 20–26 (in Russ.).
35. Titova, E.V., Kuzmin, A.G. (2020). Constitutionalization of the principles of law and their significance for lawful behavior. Problems of law, 4 (78), pp. 21–27 (in Russ.).
36. Trifonov, V.A. (2019). Modern ideas about constitutionalization. Current problems of law and state in the 21st century, Vol. 11, 1, pp. 266–269 (in Russ.).
37. Tsaliev, A.M. (2018). On the rule of law through an analysis of some norms of constitutional current legislation and the practice of their application. Bulletin of the Vladikavkaz Institute of Management, 56, pp. 86–97 (in Russ.).
38. Shepelev, V.I., Dvoimenny, A.V. (2018). Constitutional and legal parameters of civil society. Science and education: economy and economics; entrepreneurship; law and management, 3 (94), pp. 35–39 (in Russ.).
39. Shustrov, D.G. (2023). The theory of the dual subject of constitutional law in the light of the constitutionalization of Russian legislation. Constitutional and municipal law, 9, pp. 2–9 (in Russ.).