The HRC offers to change the regulations of inspections of NGOs

The Human Rights Council under the President of Russia sent a package of amendments to the Law "On the Prosecutor's Office" to the Ministry of Justice. They contain proposals for the regulations of checks of non -profit organizations, Kommersant reports .

The Chairman of the CRC Mikhail Fedotov, in an appeal to the Minister of Justice, Alexander Konovalov, asks to take into account the recommendations of the Council "In order to comply with the constitutional rights of citizens and excludes from the practice of unreasonable and arbitrary intervention of control and supervisory authorities in the activities of legal entities."

In accordance with the proposals of the HRC, representatives of the Ministry of Emergencies, the Ministry of Internal Affairs or any other state bodies can participate in prosecutorial inspections only on the rights of the involved experts, that is, without conducting their own audit and without imposing fines. In addition, it is proposed to oblige prosecutors to report the start of the audit. At the same time, in the notification it is necessary to describe in detail the reasons for the revision, as well as its terms. The maximum check time is proposed to be limited by one month. The prosecutor must notify the audits about its results no later than ten days after its end, they are considered to be in the HRC.

In February, the Constitutional Court published its decision, in which he recognized the prosecutor’s right to check the NPO, but regulated the work of the inspectors . The KS recognized the lack of clear temporary framework contradictory, when NPOs should comply with the requirements of the inspectors, and ordered to amend the legislation. The Constitutional Court of the Constitutional Court ordered the cases of the applicants to revise.

The collective complaint was filed by the Memorial human rights center, the International Society "Memorial", "Civil assistance" and its leader Svetlana Gannushkina, as well as the Association "Agora", "Trans -Baikal human rights center" and the Public Fund "International Standard".

A public meeting in this case was held on January 22. By itself, the Rights of the Prosecutor General’s Office themselves recognized the NPO KS to the Constitutional Court recognized as constitutional, but ordered the Prosecutor General’s Office to observe five points when checking the NPO.

According to the court’s decision, the conduct of prosecutorial inspections should be motivated, and previously the prosecutor’s office must notify the NPO of the upcoming audit, and after it - the results of the audit. The second paragraph says that the inspectors are not entitled to demand from NPO documents that she is not obliged to possess, as well as the public or already at the disposal of state bodies.

In addition, the check cannot be repeatedly carried out for the same motives, if it is not a question of eliminating previously identified violations. Representatives of other regulatory authorities have the right to be involved in verification only in order to carry out auxiliary expert-analytical functions. The KS left for an NPO the right to appeal the decisions and actions of representatives of the prosecutor's office in court.

The Prosecutor General’s Office and the Ministry of Justice do not duplicate each other's functions, said Valery Zorkin chairman Valery Zorkin. Both departments have the right to check the NGOs. However, according to the court, “the controversial provisions of the Prosecutor's Office do not establish clear time frames and allow the inspectors to independently determine the deadlines for the implementation of their requirements” and “put objectively impossible tasks to NPOs, which, in the absence of criteria specified by law, cannot be tested in court in court”.

The Constitutional Court recognized this gap to contradicting the Basic Law and, before amending the legislation, ordered the inspectors to focus on the law "on the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control."