Проблема определения статуса и методика изучения политической партии

Аннотация

Ключевые слова: Данная статья посвящена проблеме определения статуса политическая партия, и методологии изучения политической партии. В статье на фракция политической основе сравнения опыта стран изучен правовой статус партии, политической партии и выявлены его специфические партийные группы, многопартийная система, особенности. правовой статус, парламентское право, общественные объединения. Currently, in legal science, several theoretical and methodological issues related to the institution of a political party seem relevant and in demand in practice. One of these issues is the problem of determining the legal status of a political party. As Russian legal scholar T.K. Baykova rightly notes: “The problem of the legal status of political parties is one of the least developed in legal science, namely in the science of constitutional law”. [1] As the study of works and publications on this issue shows, they were mainly of a journalistic or descriptive nature and were considered by political scientists or historians. When determining the legal status of a political party, it is necessary, in our opinion, to take into account the following circumstances. First, the nature of the political party. As stated above, the author adheres to the position that the party is the main element of the political system, a political institution. This interpretation is often found in the works of political scientists[2], in which this status of a political party is scientifically substantiated by the history of the origin and evolution of this institution, as well as by the characteristics that distinguish the party from other political forces. Thus, according to American political scientists Joseph LaPalombara and Myron Weiner, these characteristics include: - a party is an organization, i.e. a long-lasting association of people. This makes it possible to distinguish the party from factions, cliques, etc., which arise and disappear along with their inspirers and organizers; - there are stable local party organizations that maintain regular contact with the national leadership; - the goal of the party is the conquest and exercise of power. The desire to exercise power allows us to distinguish parties from pressure groups. If parties set the goal of gaining power in elections, exercising it through the work of party deputies in parliament and government, then pressure groups do not strive to seize power, but try to influence, influence power, remaining outside its sphere; - popular support is ensured, from voting to active membership in the party. On this basis, parties differ from political clubs, which do not participate in elections and parliamentary activities.[3] Secondly, the content of the legal status of political parties. We join the opinion of the majority of scientists who believe that the main content of the legal status of a political 54 Жамият ва инновациялар – Общество и инновации – Society and innovations Special Issue – 09 (2023) / ISSN 2181-1415 party is legal capacity, legal principles, rights and obligations, legal guarantees for their implementation, and the legal responsibility of parties[4]. This means that the content of the legal status of political parties is a complex phenomenon that incorporates many institutions that determine the special place and significant role of a political party in the system of state power, but, in particular, in the political system of the country. At the same time, we fully agree with the opinion that “The formation of the legal status of parties as an independent phenomenon is due to the need to resolve the problem of regulating the legal status of the most specific type of public associations - parties. Resolving this problem within the framework of the institution of public associations does not seem to be sufficiently effective due to its specifics, therefore the establishment of an independent institution of political parties is necessary”. [5] Thirdly, the multi-level legal status of a political party. Following Article 1 of the Law of the Republic of Uzbekistan “On Public Associations”, a political party is recognized as one of the types of public associations. In turn, a public association, according to Article 10 of the Law of the Republic of Uzbekistan “On Non-State Non-Profit Organizations” is recognized as one of the forms (organizational and legal forms) of non-state non-profit organizations. As stated above, in the Law of the Republic of Tajikistan “On Political Parties”, a political party is also understood as a public association (Article 2). The same legal status of a political party can be seen from the content of Article 2 of the Law of the Republic of Tajikistan “On Public Associations”. However, it is difficult to agree with such a legislative approach, since, in our opinion, the legal status of a political party, in contrast to the legal status of a public association or non-governmental non-profit organization, is characterized by a more complex essenc