>. The Russian Federation authorities also would like to quote extraction from the decision of the European Court of Human Rights concerning an acceptability of the application Carmuirea Spirituala a Musulmanilor din Republica Moldova against Moldova of 14 June 2005, the application No. 12282/02, having case character for case of the party-applicant: <>. Thus the Russian Federation authorities pay attention of the European Court that the applicant should be guided in the activity, in particular, by the following regulations of the right stipulated by the Federal law of July llth, 2001 No, 95-FZ (in redaction of Federal laws of 21 March 2002 No. 31-FZ, of 25 July 2002 No. 112-FZ) On political parties: <>. Article 38. The Control Over the Activity of Political parties 1. The control over the observance by political parties, then- regional branches and other structural subdivisions of the legislation of the Russian Federation and also over the compliance of the activity of a political party, its regional branches and other structural subdivisions with the provisions, aims and goals envisaged under the charters of political parties shall be exercised by authorized bodies. The said bodies shall have the right: a) not more often than once a year to familiarize themselves with the documents of political parties and their regional branches which confirm the existence of regional branches, the number of members of political party and the number of members of each regional branch of political party. Article 39. The Suspension of Activities of Political Party, Its Regional Branch Other Structural Subdivision In the event of violation by a regional branch or by other structural subdivision of a political party of the Constitution of the Russian Federation, the federal constitutional laws, this Federal law and other federal statutes, a relevant territorial registration body shall issue to that regional branch or other structural subdivision of a political party a warning in writing, indicating the violations committed and shall fix a time limit for making good the same to be not less than one month, in the event that a regional branch or other structural subdivision of a political party fails within the pre-set time limit to rectify those violations and to appeal against the warning of the territorial body in a Court of law, the activity of the regional branch or of other structural subdivision may be suspended for a period of up to six months by decision of the supreme Court of a republic, of territorial or Regional Court, of the Court of a city of federal significance, of the Court of an autonomous region or autonomous district on the basis of an application filed by a respective territorial body. Article 42. The Liquidation of Regional Branch and Other Structural Subdivision of a Political party 1. A regional branch or other structural subdivision of a political party may be liquidated by a decision of the political party's congress, and in the cases envisaged by its charter also by a decision of the permanent collective governing body of the political party, by Court decision and also in case of liquidation of a political party... 3. The liquidation of a regional branch or other structural subdivision of a political party by Court decision shall be effected in the event of: b) a Mure to make good within the time limit set by Court decisions of the violation which serves as the grounds for suspension of activities of a regional branch and other structural subdivision of a political party; c) the non-existence within a regional branch of a political party of the required number of members of apolitical party envisaged under Item 2 of Article 3 of this feed. d) repeated nun-submission by a regional division of a political party to the appropriate territorial body within the established term of the updated information required for introducing amendments to the Unified State Register of Legal Entities, safe for the data on obtained licenses. 4An application for the liquidation of a regional branch or other structural subdivision of a political party shall be made to the Supreme Court of a republic, the territorial or Regional Court, the Court of a city of federal significance, the Court of an autonomous region or district by the federal authorized body or by a relevant territorial body>>. Statement of Facts of the Case That Have Procedural Bearing On 17 September 2002 the Sverdlovsk Regional Branch of Russian Labor Party has been registered. At the moment of registration it associated 126 members of party. On 20 April 2005 at IV Congress of "The Russian Party of Labor" have been made changes to the charter and the name of political party on "The Patriots of Russia ". Thus, political party "The Russian Party of Labor" now does not exist owing to liquidation under own initiative. On 25 July 2005 record is brought in the Uniform state register of legal persons about changes of the charter and the name of political party from "The Russian Party of Labor" on "The Patriots of Russia". Chairman of political party "The Patriots of Russia" is the deputy of the State Duma of Federal Assembly of the Russian Federation Semigin Gennady Jurevich. On 30 January 2006 data on change of the name of the Sverdlovsk Regional Branch of Russian Labor Party on Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" and also about the head of Regional Branch Zmeev Boris Nikolaevich are brought in the Uniform state register of legal persons. Thus, Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor" now does not exist, as on the specified branch reflected the reorganization of Political Party "The Russian Party of Labor" (independently changed the charter and the name) which structural division was the applicant As a result of the check, spent by territorial body of Federal Registration Service in Sverdlovsk Region in 2006, is established, that the quantity of the Sverdlovsk Regional Branch of Russian Labor Party (earlier - "The Russian Party of Labor") corresponds to the Federal law On political parties, any infringements of the legislation of the Russian Federation in activity of the specified branch has not been revealed. As of 1 January 2007 the quantity of Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" (earlier - "The Russian Party of Labor") made 512 members, that in 4 times exceeds quantity of members of the Sverdlovsk Regional Branch of Russian Labor Party as of 17 September 2002. Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" (earlier - "The Russian Party of Labor") carries out the activity in full. Answer to the Question and Reasons Why the Case - In the Opinion of the Russian Federation Authorities - Should Not Be Examined by the European Court on Its Merits LTo question on absence of jurisdiction ratione personae of the European Court in examination of the application of the applicant 10 In connection with that Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor", being structural division of Political Party "The Russian Party of Labor", possessed limited legal capacity, the Russian Federation authorities believe, that it could not make the application in the European Court about infringement of the Conventional rights without presence on that of the corresponding powers, given to this branch by the Political Party itself. The applicant has not presented the corresponding documents confirming its powers under the appeal of actions of the Russian Federation authorities in the European Court, given by Political Party which possesses full legal capacity. In connection with stated the Russian Federation authorities believe, that the European Court does not have jurisdiction ratione personae in examination of the application of the applicant. 2.To question on the termination by the European Court of proceeding under the application of the applicant on the basis of the subclause "a" of clause 1 of Article 37 of the Convention. On 20 April 2005 at IV Congress of "The Russian Party of Labor" have been made changes to the charter and the name of Political Party on "The Patriots of Russia". Thus, Political Party "The Russian Party of Labor" now does not exist owing to liquidation under own initiative. On 25 July 2005 record is brought in the Uniform state register of legal persons about changes of the charter and the name of Political Party from "The Russian Party of Labor" on "The Patriots of Russia". Chairman of Political Party "The Patriots of Russia" is the deputy of the State Duma of Federal Assembly of the Russian Federation Semigin Gennady Jurevich. On 30 January 2006 data on change of the name of Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor" on Sverdlovsk Regional Branch of Political Party "The Patriots of Russia", and also about the head of regional branch Zmeev Boris Nikolaevich are brought in the Uniform state register of legal persons. Thus, Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor" today does not exist, as transformation of Political Party "The Russian Party of Labor" reflected on the specified branch (independently changed the charter and the name) which structural division was the applicant. Besides the Russian Federation authorities have 11 no information on intention of Political Party "The Patriots of Russia" (no less than about intention of Sverdlovsk Regional Branch of Political Party "The Patriots of Russia") to achieve continuation of examination by the European Court of the application of Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor". In connection with stated the Russian Federation authorities believe, that on the basis of the subclause "a" of clause 1 of Article 37 of the Convention the application of the applicant should not be examined by the European Court as circumstances of the given case allow to draw a conclusion on absence of intention to achieve examination of the application the applicant by the European Court of. 3.To question on acceptability of the application of the applicant on sense of clause 3 of Article 35 of the Convention In the judgment of the European Court on case Grande Oriente D'ltalia di Palazzo Giustiniani v. Italy of 2 August 2001, the application no. 35972/97, are specified such criteria on the basis of which the European Court estimates circumstances on concrete affairs for infringement by authorities of the state-respondent of Article 11 of the Convention, as presence of intervention in the rights of the applicant and correctness of such intervention ("Presence of the corresponding legislation", prosecution of the lawful purpose stipulated by clause 2 of Article 11 of the Convention, "necessity for a democratic society" for achievement of such purpose). According to clause 3 of Article 23 of the Federal law On Political Parties reception in Political Party is carried out on the basis of personal written applications of citizens of the Russian Federation by way stipulated by the charter of Political Party. During carrying out of check of activity of the applicant edition of the charter of Political Party "The Russian Party of Labor" from 18 April till 28 April 2003 operated. According to clause 5.2.1 of this charter reception of members in a party was carried out on the basis of the personal written application submitted in regional (local or primary) branch of a party at a place of constant or primary residing or directly in Council of Party. According to clause 23 of the Federal law On Political Parties as members of political parry can be the citizens of the Russian Federation who has reached age of 18 years. Besides the member of political party can 12 be only in one Regional Branch of the given Political Party at a place of constant or primary residing. According to clause 5 of Article 15 of the Federal law On Political Parties the Federal registration service or its territorial body (earlier - the Ministry of Justice of the Russian Federation) can make a decision on the state registration of Political Party or its Regional Branch at an establishment of conformity of the documents presented for the state registration to requirements of the Federal law On Political Parties. Thus, on the Federal registration service (earlier - on the Ministry of Justice of the Russian Federation) and its territorial bodies is assigned the duty to realization of check of conformity of the information containing in presented constituent documents. In conformity with Article 38 of the Federal law On Political Parties on the Federal registration service (earlier - on the Ministry of Justice of the Russian Federation) is assigned the duty under the control over observance by political parties or their regional branches and other structural divisions of the legislation of the Russian Federation and also for conformity of activity of Political Party or its Regional Branches and other structural divisions to positions, purposes and tasks stipulated by charters of Political Parties. The Federal registration service (earlier - the Ministry of Justice of the Russian Federation) and its territorial bodies has the right not more often than once in a year to get acquainted with documents of Political Parties and their Regional Branches, confirming presence of Regional Branches, quantity of members of Political Party and quantity of members of each Regional Branch. Representation of data on surname, name, patronymic, date of birth and address of residing of members of a party in official state body which duties include the state registration and the control over the legislation of the Russian Federation cannot be regarded as disclosing of the confidential information. Besides in conformity with Article 19 of the Federal law On Political Parties the information on members of the Political Party, given for data hi the state body, concerns to the information with the limited access and disclosure of the specified information without the consent of corresponding members of political party entails the responsibility established by the legislation of the Russian Federation. Thus, presence of the application for the entry into Political Party is a necessary condition for reception in members of a party of the citizen and also enters into number of documents confirming the 13 quantity of members of Political Party in its regional Branches, subject to studying by the state authorized body as for the purposes of check of execution by party of the requirements of the law and for exception of possible numerous participation of the same citizens in different parties and also inclusions in the list of members of a party of persons without the consent to that of the last As a result of the check, spent by territorial body of the Federal registration service in Sverdlovsk Region in 2006, is established, that quantity of Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" (earlier - "The Russian Party of Labor") corresponds to the Federal law On Political Parties, any infringements of the legislation of the Russian Federation in activity of the specified branch has not been revealed. As on 1 January 2007 the quantity of Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" (earlier - "The Russian Party of Labor") made 512 members, that in 4 times exceeds the quantity of members of Sverdlovsk Regional Branch of Political Party "The Russian Party of Labor" as of 17 September 2002. Sverdlovsk Regional Branch of Political Party "The Patriots of Russia" (earlier - "The Russian Party of Labor") carries out the activity in full. Hence, the right of citizens to association in Political Party from the side of the Russian Federation was not broken earlier and not broken now. Thus, the Russian Federation authorities believe that in the given case basically there was no intervention in the right of the applicant guaranteed by Article 11 of the Convention and the application of the applicant should be declared by the European Court unacceptable for examination on merits on sense of clause 3 of Article 35 of the Convention. Answer to the question posed by the European Court If the application is submitted by the appropriate person, intended to achieve its examination in the European Court which has established intervention in the Conventional right of this person the Russian Federation authorities approve, that such intervention has been based on the law (see, stated above position of the legislations and also reasons of authorities in occasion of their application), pursued the lawful purpose stipulated by clause 2 of Article 11 of the Convention and it was necessary in a democratic society for achievement of such purpose. So, the basic purpose of studying of applications of members of 14 Political Party and its Regional Branches is the establishment of the fact of reliability of the data given by them about quantity of members of Political Party and its Regional Branches that allows to provide public order and to prevent disorders, to protect the rights and freedom of other persons. Concerning securing of public order and prevention of disorders by means of an establishment of authentic quantity of members of Political Party and its Regional Branches, the Russian Federation authorities mark the following. So, the quantity of members of Political Party and its Regional Branches is a determinative not only for their creation, but also for realization of such basic purposes by them and tasks as formation of public opinion, political formation and education of citizens, expression of opinions of citizens on any questions of public life, distribution of these opinions to the wide public and the government bodies, promotion of candidates on elections in legislative (representative) bodies of the government and representative bodies of local self-administration, participation in elections in the specified bodies and in their work. It is obvious, that realization of the specified number of only the basic purposes of Political Party and its Regional Branches basically is impossible without attraction to their realization of certain, enough big, quantity of citizens of the Russian Federation. Thus, inadequate execution by Political Party and its Regional Branches of the functions, including, owing to shortage of quantity of members or their discrepancy to legislative requirements, and also promotion of candidates on elections in the government bodies and local self-administration, equally as participation in elections in the specified bodies and their work of persons which personality is not certified by supervising bodies properly, and finally, is really capable to provoke discontent of citizens of the Russian Federation and public disorders. Concerning protection of the rights and freedom of other persons by means of an establishment of authentic quantity of members of Political Party and its Regional Branches, the Russian Federation authorities mark the following. So, the establishment of authentic quantity of members of Political Party and its Regional Branches is directed on prevention of the instruction as such members of the persons which did not express desire to become members of Political Party or its Branch, that is for elimination of postscripts in the members Political Party and its Branches of greater number of persons, than is actually. Thereby is observed a principle of voluntary participation of citizens of the Russian Federation in activity 15 of Political Party. Besides the establishment of authentic number of persons - members of Political Party and its Branches provides observance of the rights of the citizens stipulated by Articles 3,13,24,30 and 32 of the Constitution of the Russian Federation, namely, the right to voluntary participation of citizens in realization of the authority powers by creation of associations, including political, deliberately and at reception of a trustworthy information about presence of other associations of citizens and quantity of their members. Thus, the bodies supervising reliability of data on quantity of members of Political Parties and their Associations are obliged to protect the personal data of the given members of such associations (except for officially registered candidates on elections in various bodies of the government) from disclosure, giving to all citizens of the Russian Federation only exact data about quantity of members of Political Party. Thus, for the lack of the appropriate control over the quantity of members of Political Party real occurrence of a situation when any Political Parties having attributed themselves nonexistent quantity of members will apply for participation in a political life of the state, that is real, breaking the rights of all citizens of the Russian Federation. The Russian Federation authorities believe that exactly realization of the appropriate control over quantity of political party by check of personal data of its members and then* signatures in conditions when free distribution of the specified data is forbidden by the law is an attribute of originally democratic state. Besides the Russian Federation authorities pay attention of the European Court to real circumstances of case, namely, on that fact, that reception by the applicant of the prevention hi connection with refusal to execute the requirement of Central Administrative Board of the Ministry of Justice of the Russian Federation in Sverdlovsk Region about representation of applications of the members about the entry into a party, has not rendered any negative influence on realization by the applicant of the functions as in the judicial order its activity did not stop. Also the Russian Federation authorities believe, that ignorance by the applicant of the legislation of the Russian Federation and also the constitutional principles of activity of the government bodies and the norms providing the rights and freedom of all citizens of the Russian Federation, is not the basis for a recognition of imperfection of the legislation of the Russian Federation, including the Constitution of the Russian Federation, or infringements in work of the Ministry of Justice of the Russian Federation. In connection with stated the Russian Federation authorities 16 believe, that the rights of the applicant guaranteed by Article 11 of the Convention have not been violated. Regard being had to all the above and representing the interests of the Russian Federation in accordance with the Regulation for the Representative of the Russian Federation at the European Court of Human Rights, as approved by Decree of the Russian Federation President of 29 March 1998 no. 310, I SUBMIT: the European Court does not have jurisdiction ratione personae in examination of the application of Sverdlovsk Regional Branch of Russian Labor Party on infringement of its rights provided by Article 11 of the Convention; on the basis of the subclause <> of clause 1 of Article 37 of the Convention the application should not be examined by the European Court as circumstances of case allow to draw a conclusion on absence at the applicant or the Political Party possessing full legal capacity, intentions to achieve examination of the given application by the European Court; if the European Court finds reasons of the Russian Federation authorities on the absence of jurisdiction ratione personae and the intention of the applicant or the Political Party possessing full legal capacity to achieve examination of the given application by the European Court, the Russian Federation authorities approve, that the application is to be declared inadmissible for examination on the merits according to clauses 3 and 4 of Article 35 of the Convention, as manifestly ill-founded; if the European Court continues examination of the application of the applicant, the Russian Federation authorities approve, that in the present case completely that there is no infringement of provisions of the Convention in the present case; if the European Court recognizes infringement of any rights of the applicant by the Russian Federation authorities, the Russian Federation authorities believe, that the fact of recognition of it would be adequate just satisfaction. V. Milinchuk