Judge KS: The Law on "Agents" contradicts the Constitution

The judge of the Constitutional Court Vladimir Yaroslavtsev called the Law on NPO - "foreign agents" the contrary to a number of the provisions of the Basic Law of the country. The special opinion of Yaroslavtsev was published on the COP website in one file with a court decision of April 8, which recognizes the law on "agents" constitutional .

“Authoritative international organizations,” said Yaroslavtsev, “it is difficult to suspect in an malicious desire to have a negative impact on the fragile souls of Russians, and even more so on representatives of state power confidently confident in the infallibility of their decisions.”

As the judge pointed out, "it is difficult to imagine, for example, the implementation of such an type of activity as the formation of" intolerance to corruption behavior "in the company, without constructive criticism of activity and relevant decisions of state authorities, including through political actions." At the same time, Yaroslavtsev added, "this political activity is carried out precisely in the interests of the state."

In addition, the judge added, the definition "political activity" in the Law on "agents" does not have an unambiguous and consistent content.

Yaroslavtsev also opposed the term “foreign agent”, indicating that the introduction of this concept “is arbitrary in nature, has no objective and reasonable justification and, in fact, cannot identify a non -profit organization that has a foreign source of financing as a“ foreign agent ”.

“The preamble of the International Covenant on Civil and Political Rights enshrines that the recognition of dignity inherent in all members of the human community is the basis of freedom, justice and all inalienable personality rights,” the Yaroslavls noted in the conclusion of his replica. “This provision is not any legal abstraction or an unattainable ideal - this is the organic basis of the development of civil society.”

In February 2013, Yaroslavtsev, in his special opinion , recognized the law on rallies , adopted six months earlier. He indicated that this law is unconstitutional "not only in the order of adoption, but also ultimately on its content." The judge also noted the danger of violation of the constitutional right of citizens to freedom of assembly in the event of arbitrary application of new rules, the imperfection of which becomes "more and more obvious."

Later, two other judges of the Constitutional Court - Yuri Danilov and Sergey Kazantsev made special opinions regarding this law. They also brought arguments confirming the discrepancy between this document of the Constitution.