Power against NGOs: an attack on all fronts

The Russian authorities are ready to tighten the laws on non -profit organizations and foreign agents again

Almost a year after the adoption of the Federal Law "On Non -Profit Organizations", which entered into force on November 21, 2012, the Russian government continues to attack the NPOs. The Federation Council, together with the Prosecutor General, intends to amend the bill "On Non -Profit Organizations", which may even more limit the sources of their financing.

In addition, the authorities intend to take control of unregistered public associations without the formation of a legal entity. This status after massive pressure at the NPO was received by many organizations that did not want to be called "foreign agents" - for example, the Association in the defense of voter rights "Voice". Now the organization has the status of movement and so far should not be reported to the state about its activities. But, perhaps, soon the authorities will again take the “voice” under control. Deputy Director of Voosa Grigory Melkonants believes that the life of Russian NPOs will only become more complicated from year to year:

- What do you think the authorities mean by "gray schemes" of financing NPOs?

- It is difficult to say what they have in mind there, because today the so -called regigant is already under the law on foreign agents. If the organization that receives foreign money will transfer it to someone else, then this second organization will analyze this way and so whether it falls under the law on foreign agents. I believe that this is just another tightening, so that any foreign money is already at all (it doesn’t matter whether the organization is engaged in political activities or does not engage in the strictest control. Not just control, but by such a ban-border. Because the organization will be put in reporting and inspections. They propose to enter additional checks there, so it will no longer be important whether the organization is an organization that performs the functions of a foreign agent, or simply receives money for some charity.

-Do you think you can expect some more actions of the authorities against non-profit organizations in the near future?

There is another initiative that surprised me the most. A very harmful and dangerous initiative, which is due to the fact that they want to keep records of unregistered public associations

- They have another initiative that surprised me the most. A very harmful and dangerous initiative, which is due to the fact that they want to keep records of unregistered public associations. In my opinion, this is a very dangerous proposal, because today, according to the law on public associations, we have two types of public organizations. The first type - those that should register in the Ministry of Justice, and the second type is public associations that act without the formation of a legal entity. And a lot of organizations that do not engage in infinite reporting are taken on this opportunity, do not fall under endless checks. These organizations cannot have a bank account, cannot have any property, but at the same time they have the opportunity to conduct meetings, conduct some kind of activity, they also have governing bodies. For example, the All -Russian Popular Front, such a well -known, pro -government, or various charitable organizations that arise in the wake of civil activity - the Voice movement, for example, which acts without the formation of a legal entity. That is, it is a very large and significant layer of civil society. As I understand it, they now want to oppose the whole front against this part of non -profit organizations, put them under control, count them all. I do not exclude that some specific reporting forms can be established. That is, the life of all non -profit organizations will be very difficult. If now someone thought that this wave would fall, and the campaign against NPOs would come to naught, then this is not so. They have quite definite plans, and non -profit organizations will be more complicated and more difficult every year.

- The Federal Law on Non -Profit Organizations entered into force in November last year, almost a year ago. If you summarize what is in the dry residue? How did this year go for the "voice"?

For Voting, it was a very difficult year, because due to these amendments, the activities of our two organizations were suspended by the Ministry of Justice

- These amendments entered into force on November 21, after which non -profit organizations were faced with serious pressure. Thousands of different inspections were held in Moscow and other regions - not only prosecutors, but also firefighters and so on. For Voting, this was a very difficult year, because due to these amendments, the activities of our two organizations were suspended by the Ministry of Justice-unreasonably, in our opinion, on very far-fetched and insolvent grounds. And we are forced to dispute all these sanctions against the “vote” in the European Court of Human Rights, because, most likely, only there we will be able to prove the truth that everything was clearly planned against our organization. Moreover, this campaign is developing actively now, for example, in St. Petersburg. There is an anti-discrimination center "Memorial", which now passes two courts: firstly, administrative cases have been instructed for directors and on the organization itself, they are threatened with fines for non-registration, and the second is a unique civil process that the prosecutor’s office started to oblige the "memorial" in St. Petersburg to register as an agent, that is, the court to oblige them to do it. The law now has the right to organize - to turn on or not to be included at their discretion, and now no one can include the organization in the list of agents. And so they make such a trial ball so that, in fact, the court obliges the organization to be included in this register. That is, this is still such a pilot trial, and it is not limited only to St. Petersburg, it’s just not talked about it. But the campaign against NGOs continues. And the “Voice” was forced to create a new organization - the Voice Movement Movement - and on behalf of this organization actively work in the September 8 elections, which recently took place in Russia. But in general, this pressure, this whole story very seriously affects our work: we spend a lot of time on all these inspections, courts, requests. This is very distracting from the main work.

- Why almost a year ago the Russian authorities started this serious attack on Russian NPOs?

Non -profit organizations never welcomed the state, and therefore for us it was a certain surprise what began last year

-I think this is due to the mass indignation of people in the elections in the winter of 2011-2012. For some reason, the authorities appointed a non-profit sector to blame for this discontent. It seems to me that these outrage of citizens served as such an impetus. This is not to say that non -profit organizations before this period rode like cheese in oil - we had problems for a long time. Bouging the legislation was before: additional reports, and numerous checks were introduced - prosecutors, tax, and ministries of justice. Non -profit organizations never welcomed the state, and therefore for us it was a certain surprise what began last year. Officials were simply scared of citizens, their people, and tried in all possible ways to limit the work of non -profit organizations, and freedom of rallies, and freedom of assembly, and so on. The attack on civil society and civil activity began on all fronts.

Legal analyst of the Agora Association Ramil Akhmetgaliev believes that the new initiatives of the power to tighten the Law on NPOs are the continuation of the information campaign against non -profit organizations:

Was there at least one fact of "gray", illegal financing of NGOs was identified during past years or during these checks? Not a single fact related to some secret, illegal financing was not revealed

- In my opinion, this is an attempt to create the appearance of violent activity. Their assumptions have nothing to do with reality. There we are talking about "gray" schemes for financing NPOs. I have repeatedly asked the question whether there was at least one fact of "gray", illegal financing of NGOs was identified during the past years or during these checks? Not a single fact associated with some secret, illegal financing was revealed. They present as a “gray” scheme that some receive funding and then distribute to other non -profit organizations. This scheme is provided for by the Civil Code, it is not "gray". The so -called subrogants and subsequences are a common practice for both Russian and foreign sources of financing. Secondly, they give an example there in Izvestia that funds are entered in one organization, it is registered as a foreign agent, and then money goes to other Russian organizations that do not fall under the law on foreign agents. Did the deputies already forget that they themselves were navigated? In their amendments, which were introduced last year, it is clearly indicated that the receipt of money from Russian organization, which, in turn, receives money from abroad, is equated with foreign financing. This is just the same scheme. That is, the deputies have a certain amnesia already, they do not even read what they have already accepted.

-Your law enforcement officers talk about an attempt to take control of unregistered public associations created without the formation of a legal entity.

- The desire of the authorities to control everything and everything has long been, and they have been attempted in this direction. But how it will look in practice, I have great doubts. What is a public association acting without registration? This is a certain club of like -minded people. And how will they identify this, how will they fix it? Not more than three to get together? This is some kind of "schiz" it turns out, in a different way, can not be called.

- Is it possible to talk about a new round of pressure on NPO now? Or worse than it is, will not be?

A number of deputies are trying to be safe in case the law is recognized as unconstitutional or in some part will be changed

- I do not know that so far it may be worse than the law on foreign agents. Transcripts among deputies can be considered as a kind of attempt to create a balance. We heard everything that Vladimir Putin said about the law on foreign agents, what instructions he gave. It is also necessary to take into account the fact that the complaint against this law by the chairman of the Constitutional Court is transferred to the study of the KS judges. I think that in the near future it will be considered. In this regard, a number of deputies are trying to be safe in case the law is recognized as unconstitutional or will be changed in some part. That is, they are trying not to miss this large-scale group of public human rights organizations from control.

The Law on NPOs that entered into force in November last year caused a lot of complaints from human rights activists. He is criticized for an insufficiently clear definition of political activity, for which the organization can be considered to foreign agents. Large -scale checks of Russian NPOs for the fulfillment of new regulations for their registration began in the spring of this year. Now checks are held in 313 Russian non -profit organizations.