"Pluralism in one head"

The Moscow City Court confirmed the legality of the prosecutor's demand for recognition by “foreign agents” of the Voice Association and the Memorial Center

On Friday, the Moscow City Court ruled that the requirements of the Moscow prosecutor’s office for the Association in defense of voters' rights “Voice” - to register as a “foreign agent” - legal. At the same time, the Moscow City Court confirmed the validity of the requirements of the Moscow prosecutor’s office to the Memorial human rights center on its registration “foreign agent”.

In recent days, the human rights community believed that after the Moscow City Court canceled the decision to bring the “vote” to administrative responsibility for financing from foreign sources, the Association left the authorities alone. However, today there was an explanation of the Moscow City Court, which emphasizes that there was no decision on recognition or non -recognition in the principle of “vote” by a foreign agent. The deputy head of the Voice Grigory Melkonants has already stated that the leadership of the Association will appeal the decision of the Moscow City Court.

Grigory Melkonets

The law obliging NPOs engaged in political activities and funded from abroad to register with "foreign agents" has been operating in Russia since 2012. Later, the Ministry of Justice of Russia was granted the right to force organizations to this register, which created a truly ridiculous and casuist trap for many NPOs, according to the member of the Memorial Council and the chairman of the Civil Assistance Committee Svetlana Gannushkin :

- The decision was expected. Because it is not without reason that the Moscow City Court is called the "Mosgorshtamp". And so that the Moscow City Court canceled the decision-this is a big, big rarity. Especially when it comes to the fact that the state structure is being sued with public organizations, especially the Ministry of Justice. Colleagues, one might say, lawyers. In general, we now have two processes. One process goes in accordance with the law, which obliges public organizations to include themselves in the register of foreign agents. By virtue of the second law, which appeared not so long ago, this right has a Ministry of Justice. I believe that we won to some extent, because no one actually introduced to the register voluntarily. But what is happening now? The organization refuses to add itself to the register. It is punished for this. She suits the court, loses this case. The Ministry of Justice brings it to the register, and the court, as happened with the Voice, admits that this introduction to the register is illegal. And the first process continues in the same way as he walked. And it turns out that the Ministry of Justice brought the “vote” illegally, incorrectly into the register of foreign agents, that is, the Ministry of Justice made a mistake by recognizing the “voice” by a foreign agent. But the "voice" was supposed to introduce himself to this register. Where the logic is here - I am completely incomprehensible.

Svetlana Gannushkina

It seems to me that in the place of the judge, knowing the position of the Supreme Court, it should either suspend the consideration of the case and wait for the decision of the Supreme Court to enter into force, and then simply close this case - "in connection with new circumstances." The employee just told me that the Voice also received a refusal today. And it turned out that the “Voice” challenged this forcible inclusion in the register by the Ministry of Justice and received a positive decision that the introduction is illegal. But today the same “Voice” was refused his complaint about the prosecutor's demand to add himself voluntarily to this register. It happened today with the "voice" and "memorial" exactly the same thing. But the special absurdity of the situation is that we are judged by the fact that we have not entered ourselves to the register, and it is believed that we are wrong. And today, by Voice, this was confirmed by the Moscow City Court, and the Supreme Court recognized the violent introduction to this list illegal.

- In court, representatives of the Memorial today did not dispute the fact of foreign financing. But the prosecutor’s statement that the center is engaged in political activities, and even more so in anyone else's interests, was categorically rejected.

Office of the Center "Memorial", November 2012

- Of course, we are talking about the fact that we are not going to refuse foreign financing. This is our fundamental position. Because financing from various sources gives the organization freedom. We gratefully accept financing and believe that this is right, because we take part of the functions of the state. In particular, in the project for which the Memorial is recognized as this very foreign agent, this is the “ATC-Info”, which refers to police violations. The state, I think, is interested in the police that there were no violations. I hope so. And activity in this direction does not contradict the state policy. So, we are not engaged in political activities that would contradict the interests of the state, and do not at all engage in political activities, but simply defend the legality in the police.

- And what will your organization do now after the decision of the Moscow City Court?

- The Memorial will do what the Voice has already done. We have already filed a complaint to the Supreme Court that the Ministry of Justice brought us to the register. And, I hope he recognizes this action of the Ministry of Justice illegal. And then we, along with a “voice”, are in such a contradictory situation when, on the one hand, we are not foreign agents, because the Ministry of Justice introduces us to this list illegally, and on the other hand, we ourselves had to be included in this list. As the chairman of the executive committee of the forum of resettlement organizations Lidia Grafova once said, this is pluralism in one head, ”said Svetlana Gannushkin , a member of the Council of the Memorial Human Rights Society, and the chairman of the Civil Proposal Committee.

Today, in the register of foreign agents of the Ministry of Justice, there are, minus Voice, 13 NPOs.