‘Irritating to authorities’

How Russia’s Justice Ministry decides who’s a ‘foreign agent’

Journalists, organizations, and ordinary citizens have been labeled “foreign agents” by the Russian Justice Ministry, sometimes with little to no explanation. This designation lands them on a list and forces them to jump through constant bureaucratic hoops or risk penalties ranging from fines to prison time. The independent outlet Verstka spoke with sources in and around the Justice Ministry to shed light on how exactly “foreign agents” are selected and whether this process is as arbitrary as it sometimes seems.

A source close to Russia’s Justice Ministry told Verstka that the criteria required for labeling individuals and organizations as “foreign agents” changed in 2022. Initially, the designation depended on two factors: being an “irritant to the authorities” and receiving foreign funding. Even in cases where foreign funding was not initially evident, a scenario could be orchestrated where the target receives a financial transfer from abroad, which then leads to their classification as a “foreign agent.”

However, since 2022, the focus has shifted away from financial ties. That year, Russian President Vladimir Putin signed a law allowing individuals and organizations to be added to the “foreign agent” list for merely being “subject to foreign influence.” Now, decisions are based more on specific complaints or “situational factors.” Simply “falling under foreign influence” or irking certain government officials is enough to merit inclusion on the list.

“You can literally reach out through acquaintances and say, so-and-so irritates me; look into them,” said a second source who works for the Justice Ministry. “But the ministry also monitors on its own, of course,” he added. Decisions are increasingly made based on factors such as public scrutiny or the whims of certain government figures. Anyone who draws attention during the week can be added to the list on Friday.

Moreover, having any association with targeted entities can lead to collateral inclusion. One of the sources told Verstka that the Justice Ministry often “picks out one or two” people at an organization and then includes others even peripherally connected with them in the list. “They look for [potential targets] in the media, on Telegram, and in their own discussions,” the source said. “The evidence isn’t as important as negative sentiment coming from the right people.”

Rank-and-file Justice Ministry employees conduct the search for potential “foreign agents,” but, according to Verstka’s sources, the final list is approved by Russian Deputy Justice Minister Oleg Sviridenko. Sviridenko has held various significant judicial positions since 1992, including heading the Moscow Arbitration Court and serving in the Russian Supreme Court. He assumed his role as deputy justice minister in 2020.

Both sources described Sviridenko as dishonest. “Back when he led the Moscow Arbitration Court, he was at the forefront of the bankruptcy market, which is still lucrative,” one of them explained. “Big money is involved there, and he was one of the corrupt guys who profited from it significantly.” The second source said that Sviridenko was also known for corruption during his time at the Russian Supreme Court and that during his tenure there, he weathered a plagiarism scandal over part of his doctoral dissertation. According to the sources, Sviridenko accepts bribes for adding people to the “foreign agent” list, a practice that could shed light on some of the more “suspicious” cases.

Story by Verstka