Translated material
The draft amendments to the Code of Administrative Offenses, tightening the requirements for “foreign agents,” were adopted in the first reading
The proposed amendments concern the liability of NGOs, public associations and citizens "acting as foreign agents" for failing to disclose their status.
On December 24, 2020, the State Duma adopted in the first reading a draft amendment to the Code of Administrative Offenses (CAO) "in terms of clarifying liability for violating the procedure for the activities of persons performing the functions of a foreign agent."
Changes are proposed to be made to Art. 13.15 of the Code of Administrative Offenses (abuse of freedom of the media), namely, to supplement it with parts 2.1, 2.2 and 2.3, which will provide for penalties for disseminating information about non-profit organizations, public associations and individuals performing the functions of foreign agents, without indicating this status. For violation of this norm, citizens are subject to a fine in the amount of two to two and a half thousand rubles, for officials - from four to five thousand, for legal entities - from forty to fifty thousand rubles. In all cases, confiscation of the subject of the administrative offense will also be provided.
Also, the changes will affect Chapter 19 of the Code of Administrative Offenses (administrative offenses against the order of management) in terms of failure to provide information. The chapter is proposed to be supplemented by Art. 19.7.5-3 (violation of the procedure for the activities of a public association operating without acquiring the rights of a legal entity) and 19.7.5-4 of the Code of Administrative Offenses (violation of obligations by an individual acting as a foreign agent).
Part 1 Art. 19.7.5-3 of the Code of Administrative Offenses will provide for liability - a warning or a fine - for failure to submit (or late or incomplete submission) to the Ministry of Justice information about a public association-"foreign agent". For citizens, it is proposed to establish a fine in the amount of five to ten thousand rubles, for officials - from ten to thirty thousand rubles. Part 2 of the article provides for liability for the absence of a marking on the status of a "foreign agent" on materials that a public association distributes or sends to state bodies, local governments and other organizations. For this violation, a fine for citizens can range from 50 to 100 thousand rubles, and for officials - from 100 to 300 thousand rubles. In both cases, part 2 of Art. 19.7.5-3 of the Code of Administrative Offenses provides for the confiscation of the subject of the offense. According to part 3 of the draft article, fines can also be imposed on founders, members, participants, managers and persons who are part of the body of a public association-"foreign agent" who, carrying out "political activities", distribute materials through the media or the Internet or send them to government agencies and other organizations without labeling them properly. In this case, citizens can be fined five thousand rubles with a possible confiscation of the subject of the offense.
Art. 19.7.5-4 of the Code of Administrative Offenses is designed to regulate the activities of citizens-"foreign agents". As in the case of public associations, fines are provided for non-submission (or late or incomplete submission) of information about this status to the Ministry of Justice (part 1 of the article) and the lack of appropriate marking in the materials distributed by the "foreign agent" (part 2 of the article). In the first case, the amount of the fine will be from 30 to 50 thousand rubles, in the second - from 10 to 30 thousand with a possible confiscation of the subject of the offense.
The authors of the amendments propose to amend Art. 19.34 of the Code of Administrative Offenses (violation of the procedure for the activities of a non-profit organization performing the functions of a foreign agent). In the current wording of part 2 of the article, it provides for liability only for the publication and distribution by an NPO-"foreign agent" of materials without proper marking. The authors of the amendments propose to add to this list the direction of materials without labeling to government agencies, local governments and other organizations. The amount of fines will remain the same (for officials - from 100 to 300 thousand rubles, for legal entities - from 300 to 500 thousand), but now it is proposed to add a possible confiscation of the subject of the offense to the sanction.
Art. 19.34 of the Code of Administrative Offenses, it is also proposed to add part 3, which will provide for the responsibility of the founders and employees of NPOs-"foreign agents" for the production and distribution of materials through the media or the Internet, as well as for sending any materials to state and other bodies without indicating their own involvement in NCOs - "foreign agents" "when they carry out political activities." For this violation, citizens can be fined five thousand rubles with confiscation of the subject of the offense.
Recall that on December 23, the State Duma approved in the third reading the main bill from a package of new rules that tighten the legislation on "foreign agents", as well as a bill on criminal liability for violators of this legislation.
We believe that the proposed legislative changes indicate a progressive attack on the freedom to disseminate and receive information in Russia.
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