The right of political parties to represent the legal interests of their members

Introduction: the author analyzes the theoretical approaches to the term "interest" for the study of subjective rights on the representation of legitimate rights of members of a political party as well as compares them to Russian party legislation. The perception of legitimate interests that dominates in public law affects the ambiguity of their interpretation in law enforcement practice. This complicates the ability of parties to protect their subjective rights. The correlation of these terms requires a comprehensive legal understanding. Materials and Methods: the author based his study on scientific works of Russian researchers. Among the methodological approaches, the institutional approach, the method of legal hermeneutics, and legal modeling were involved. The author also relied on general scientific methods (structural, logical and other research methods). Results: the existing system of rights for political parties is based on a tripartite structure: the basic subjective rights (the right to participate in elections and referendums, the right to disseminate information, the right to hold public actions, and others), optional corporate rights (the right to establish certain organizations, the right to carry out entrepreneurial activities, and others), an intermediate right is the right to represent the legitimate interests of party members. In such a system of rights, their narrowing is observed depending on the activities of a political party: core activities (participation in public politics) and secondary activities characteristic of most legal entities. Discussion and Conclusions: the concept "legitimate interests" in the Russian party legislation has acquired a procedural and legal meaning. This violates the purpose of party rights and freedoms, as well as the object of activity of political parties. Such an interpretation makes it difficult for party organizations to participate in court cases based on their corporate and political interests. In conclusion, the author notes that the right to represent the legitimate interests of members of a political party should be focused on protecting party interests.