Translated material
Suffering a fool
Svetlana Gannushkina and Kirill Korotheev in the Meshchansky court. Photo: Muja Abu Alejdail
The Civil Assistance Committee tried to appeal the introduction of foreign agents into the register, but the Meshchansky court on July 22 sided with the prosecutor's office and the Ministry of Justice, deflecting the complaint. From the speech of the representative of the ministry, it became clear that there was nothing wrong with the rank of "foreign agent", and the organizations that fall into this register may well work for the good of the country - they just need control just in case.
The organization disputed not only the introduction of "agents" in the register, but also the requirement to re -register as interregional. The prosecutor's office considered that the holding of individual events outside Moscow turns the regional organization into interregional. Lawyer Kirill Koroteev, representing the interests of "civil assistance" in court, indicated that one -day trips do not speak of constant activity in other regions. Koroteev also explained that the test, the subject of which was initially not specified, is illegal. In February, the Constitutional Court sided with “civil assistance”, prohibiting the prosecutor's office to check the organizations, without reasonable suspicions about the violation of specific laws.
However, the main content of the meeting was the discussion around the concepts of “foreign agent” and “political activity”.
What was considered political activity
The project “Protection of the rights of residents of the Chechen Republic and the Republic of Ingushetia, serving a sentence in institutions of the penitentiary system”, within the framework of which two round tables were held: “Public control in the penitentiary system. Social adaptation of persons freed from the places of deprivation” (from the representation of the prosecutor's office: “The result of this event was the determination of the spheres of interaction between participants, obtaining new contacts of the PM and representatives of state structures " ) and the" position of Muslims in places of enforcement of citizens "(from the representation of the prosecutor's office: " ... Upon completion of the project, efforts are made to change the penitentiary system towards its humanization " ).
The project "Countering corruption in migration normation."
The appointment of Svetlana Gannushkina member of the Government Commission on Migration Policy (the appointment was carried out by the Government of the Russian Federation).
Picket against the anti -migrant campaign.
Picket in defense of political prisoners of Azerbaijan.
The representative of the prosecutor's office went away from answers to questions about the influence of NPO events on Russian politics, calling such discussions "philosophizing."
Kirill Koroteev: Who was the applicant of the picket in the square near the monument to Vysotsky?
The representative of the prosecutor's office: I did not understand the question. Who was the applicant of the picket?
K.K.: Yes. Who sent a notification? Who was the organizer of the picket on August 13, 2013?
P.: I have no answer to this question, who was the applicant of the picket.
K.K.: Picket in defense of the political prisoners of Azerbaijan How does the policy of the Russian Federation change?
P.: You know, I will not philosophize now. The Chairman of the Committee says that participation in various rallies, pickets, meetings cannot indicate the participation of the organization in political activity, but only says that the chairman of the committee as an independent person expresses his opinion ...
K.K.: I understood your objections.
P.: We can argue that on the website of the organization where information is placed ...
K.K.: Yes, I understood your objections. The question is: is this picket a statement on the policy of the Russian Federation or the policy of the Republic of Azerbaijan? What state can this picket affect the policy of which state?
P.: I do not understand the question. What does this have to do?
K.K.: That is, you ...
P.: Do not interrupt me, please.
K.K.: You do not answer my question.
P.: I answer as I think it is necessary. Your honor, if possible, we will introduce screenshots from the site.
Judge: Are there any more questions?
K.K.: Yes. Tell me how the requirement of the humanization of the penitentiary system is a change in state policy? Is the state policy in relation to the penitentiary system?
P.: You know, I am not ready to philosophize.
K.K.: We have an absolutely specific question. You yourself said that the organization formulated requirements regarding changes in the rules of the schedule in prisons and (this you said, not me) the humanization of penitentiary policy. You said this is a change in state policy. This follows, strictly logical, that state policy in the field of the penitentiary system is inhumanity.
P.: You ask me questions or ...
K.K.: I explain to you what question I asked.
P.: You ask a question, you yourself answer it. No, I will not say that. I say that the applicant’s actions are aimed at the formation of domestic policy, decisions of the authorities.
K.K.: Tell me, what facts indicate that "civil assistance" contributed to the development of decisions of the judiciary? This is what you said. What facts indicate that Gannushkina is included in the advisory rooms to the judges?
P.: We believe that this is an incorrect question. You put pressure with your questions. We believe that this is unacceptable in the civil process ...
K.K.: In which you are the defendant and the burden of proof lies on you.
Svetlana Gannushkina: Do you agree that the policy of the Russian Federation is aimed at preventing corruption?
The representative of the prosecutor's office: This issue is not related to the case.
SG: But this is essentially, because if the answer is yes (and I hope that the answer is “yes”), then why is this project considered a political activity aimed at changing politics? We perfectly prove that we act in the mainstream of state policy.
P.: I will not answer this question.
SG: Do you think the anti -migrant campaign for Russia's policy?
P.: I will not answer.
In turn, the representative of the Ministry of Justice definitely stated that the influence on politics can be recognized not only criticism, but also support for the actions of the state, and we can talk about the arbitrarily insignificant - and even unintentional - influence.
From the speech of the representative of the Ministry of Justice:
"... the connection of money with political activity. A lot of discussed this moment. I have repeatedly voiced in the courts ... Almost all organizations that are included in the register ask: why we receive foreign financing and carry out political activities, but it is not connected with money. Under the law, it is not provided for the receipt of foreign money and implementing political activities. There is no connection between money and political activities, and the very concept The agent in paragraph 6.1.2 of the Law on NPO says that the political organization that receives foreign financing and carrying out political activities is such an organization, without connecting that political activity is carried out precisely for foreign financing ...
... Further, with regard to insulting for the respected applicant of the use of the word "foreign agent". It was also discussed repeatedly. I want to emphasize that the Constitutional Court indicated in its decision that the legislative structure "Non -profit organization performing the functions of a foreign agent" does not imply a negative assessment of such an organization by the state, is not designed to form a negative attitude towards its political activity and thereby cannot be perceived as a manifestation of distrust or desire to discredit such a non -profit organization ...
... regarding how to interpret the change in state policy ... It should be noted that in accordance with the decision of the Constitutional Court, an organization that performs the functions of a foreign agent, regardless of the goal, will be considered the state adopting its decisions. Roughly speaking, even if respected applicants believe that they are a simple charity organization act in accordance with their goals in the charter, improve society, nevertheless defined by their actions, if they conduct round tables, some statements allow themselves, they can affect the decision of decisions, even if they tried to conduct charity programs. This is the first.
But the most basic thing is that the Constitutional Court has focused in great detail on the fact that the organization that receives funds and carries out political activities should be recognized as the functions of a foreign agent in case of participation in political shares in order to influence the decision -making of decisions, regardless of which positive or negative assessments, this organization adheres to.
To such questions from the series: the state for corruption or against corruption, etc. - I want to say that a change in state policy is not necessarily the creation of a completely new concept, a completely change in the conceptual apparatus. Conducting a round table, it is possible to praise certain government agencies, to say that they acted in accordance with statelines, but it would be nice to improve the nuances. If in this case, agreeing with state policy, to offer small changes, it will also be the impact on the authorities ...
... I emphasize once again that no one expects an organization performing the functions of a foreign agent, an entirely negative impact on the state, the formation of a negative opinion regarding state policy. Even the analysis of small nuances and the desire to improve statelyics will be considered political activity. "
Kirill Koroteev and representative of the Ministry of Justice. Photo: Muja Abu Alejdail
Kirill Koroteev: Does the requirement of the release of political prisoners Azerbaijan change the policy of Russia or Azerbaijan?
Representative of the Ministry of Justice: I will tell you this. This question can be answered, however, in order to answer it, I need to understand in which context this question was covered in general. That is, if I were present at the round table, I understood who the members express what arguments expressed, I could understand.
K.K.: A specific fact. The picket on October 9, 2014 at the Azerbaijan Embassy with a request to free the political prisoners of Azerbaijan affects the policy of which state - Russia or Azerbaijan?
M.: Absolutely definitely cannot answer this. Who was in the picket and so on, what were the motives, goals ...
K.K.: So it affects the policy of the Russian Federation?
M.: Unfortunately, I cannot know this.
K.K.: But you recognized this by political activity. The next question. What is the legitimate goal of the person about human rights or Article 55 of the Constitution of the Russian Federation that is the inclusion of an organization in the register?
M.: My opinion coincides with the opinion of the Constitutional Court [quotes the decision, indicates that rights and freedoms are not absolute, but may be limited in order to protect the foundations of the constitutional system, morality].
K.K.: How does Svetlana Alekseevna Gannushkina undermine the foundations of the constitutional system of the Russian Federation?
M.: I am convinced that the organization is not carried out by the founding of the constitutional system by a respected member of the organization, but in order to ensure supervision of the possibility of such activities, the organization has been entered into the register. And organizations engaged in political activities for foreign financing must be declared openly in the company so that other citizens can be familiarized.
K.K.: How does Svetlana Gannushkina negatively affects public morality?
M.: The inclusion in the register of the representative does not speak of any violations on her part. This is just a fixation of legal status.
K.K.: For what?
M.: In order to in the future, if such a threat arises, it would be convenient for the state to control and supervision. I am sure that your representative is an honest citizen of the Russian Federation, however, the activity carried out by this organization does not apply to its moral qualities.
From the final performance of Svetlana Gannushkina:
It seems to me that today's hearings have obviously showed that the Ministry of Justice does not share politics as actions aimed at just some changes, and the existing situation. This approach leads to the fact that public organizations at all for any reason can not express their opinion. The Ministry of Justice told us today that we may not understand what consequences our activity entails. I want to return this to the Ministry of Justice. In all likelihood, today the young representatives of the prosecutor's office and the Ministry of Justice think that they protect the state and are doing a business useful for the state. In fact, I am convinced that what is happening today is destructive both for civil society and the state as a whole.