Are you a foreign agent?

As one might expect, the Ministry of Justice avoided clarifying what constitutes “formation of public opinion” and “political action.” Eight key questions sent on September 3 by the human rights association "AGORA" to the Minister of Justice of Russia Alexander Konovalov with a request to clarify which non-profit organizations will be considered foreign agents remained unanswered on the merits. This conclusion follows from an official letter signed by the director of the Ministry of Justice Department for NGO Affairs, Vladimir Titov.

Let us recall that in the new federal law, a non-profit organization performing the functions of a foreign agent is understood as a Russian NPO “that participates, including in the interests of foreign sources, in political activities carried out on the territory of the Russian Federation” (paragraph 1 of paragraph 6 of article 2 of the Federal Law RF “On NPOs”). Lawyers asked the Minister of Justice what the term “in the interests” means and whether the provisions of the Civil Code, which regulate “action in someone’s interest,” are applicable in this case.

In September, members of the Human Rights Council of Russia and participants in the All-Russian Conference of Human Rights Organizations announced that they would not implement the anti-legal law on foreign agents. Perhaps this is the first example in modern Russian history when an organized and recognized group of people publicly refuses to comply with a law that threatens serious reprisals.

“Using the example of many other laws that have been in force in our country for years, we see that the authorities selectively “pull” such “rubber” norms on those people or organizations that they dislike, are inconvenient, and seem to be hostile. This is exactly what will happen with this new law,” human rights activists are confident.

“Such anti-legal acts should not be carried out by citizens, organizations, officials or judges. On the contrary, it is precisely for their execution that punishment may sooner or later follow. The history of Germany in the 30s–40s provides us with such an example (with all the difference in the scale of illegality of “lawmaking” there and in modern Russia). German judges were held criminally liable precisely for the implementation of anti-Nazi laws,” the statement says.

In order to influence judges who will make unjust decisions, it will no longer be necessary to wait until the end of Putin’s rule. The avalanche-like growth of stop lists for officials, starting with the “Magnitsky list,” will also serve as a deterrent when making decisions. It will be easier for judges to resign than to receive a “black mark” - a ban on traveling to developed countries and blocking of bank accounts.

The public not only in Russia, but also in Europe and the United States is preparing to help in the survival of the independent non-profit sector, even creating temporary shelters. As MHG Chairman Lyudmila Alekseeva said, “we continued to work even in Soviet times, so we will survive Putin’s regime.”

A selection of materials on the status of NPO-foreign agent.