Anatoly V. Kurochkin

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.