Transformation of the System of Obligations of Political Parties in Russian Legislation

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The purpose of this scientific article is to highlight the trends and stages of their transformation based on the analysis of the existing system of party duties. The author also compared the controversial issues of legal regulation of party activities with the emerging judicial and administrative practice. To achieve this goal, the author used the method of legal hermeneutics to analyze the construction of norms on the legal obligations of political parties. Conclusions: As a result, the author revealed defects in the legal regulation of party activities. The studied legal obligations of the parties have acquired an unstable character in the Russian legislation. The author established the duplication and dissymmetry of the legal regulation of party activities. The concretization of legal norms on the obligations of parties demonstrates a contradictory trend in the redistribution of administrative powers. The subordination of party relations to departmental regulation is brought to the legislative level. This gives the norms of party law a technical-legal character instead of formulating legal guarantees. Such a detailed regulation of the actions of the executive authorities is intended to formulate legal guarantees for the implementation of legal obligations by the parties. However, the author states a wide range of administrative and judicial discretion in using the shortcomings of party legislation, and the emerging judicial practice is very ambiguous in overcoming gaps in law.

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Sobre autores

Anatoly Kurochkin

Naberezhnye Chelny Institute of Kazan Federal University

Autor responsável pela correspondência
Email: kurochkin.tolik@bk.ru

Dr. Sci. (Politics), Cand. Sci. (Law), Professor, Associate Professor

Rússia, Naberezhnye Chelny

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