Party-legal presumptions in Russian legislation

Abstract

The problem of legal technique in Russian legislation on political parties is a current direction in the constitutional and legal doctrine. One of the means of legal technique in party law is presumptions. They are based on the legal recognition of a certain fact without the need to establish it by law enforcement instruments. The ambiguous understanding of presumptions at the theoretical level predetermined the complexity of their perception among legal scholars specializing in party legal relations. Thus, they are mixed with related legal structures (legal values, principles and guarantees). This problem is complicated by the uneven development of the legal positions of the Constitutional Court of the Russian Federation, as well as the imbalance in judicial practice, in which it is necessary to interpret party-legal collisions on the basis of a certain legal regime. Therefore, presumptions in the institution of political parties are usually divided into universal (constitutional-legal and civil-legal), special (administrative-legal) and specific (party-legal) according to the criterion of the relationship of norms in the branches of law. The main methodological technique was structural analysis, because it ensured the identification of normative elements in the current party legislation. The systemic method helped to correlate party-legal norms with norms from related legal institutions, which used similar legal techniques. As a result of the analysis of party legislation, similarities and differences between party-legal presumptions and presumptive elements ensuring the procedure for implementing the law were revealed.

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