Russian upper house approves tougher “foreign agent” NGO law

Kremlin and Saint Basil's File Photo

(Interfax – Moscow, May 28, 2014) The Federation Council [Russia’s upper chamber of parliament] has approved a draft law giving the Justice Ministry authority to include a noncommercial organization [the usual Russian phrase for what is referred to elsewhere as NGOs] on the register of foreign agents, even if that same NGO has not applied for inclusion on the register.

As an explanatory footnote to the bill explains, it was devised as part of the process to enhance legislation on noncommercial organizations aimed at guaranteeing public control of the activities of NGOs carrying out the functions of foreign agents but avoiding inclusion on the relevant register supervised by the RF Justice Minister.

For instance, it is suggested that, in addition to existing grounds for a snap inspection of an NGO, such an inspection can be carried out if the Justice Ministry or its local bodies are notified by state bodies, local government bodies, citizens or organizations that the NGO is carrying out “activities in the capacity of an NGO carrying out the functions of a foreign agent, which has not applied for inclusion on the register of NGOs carrying out the functions of a foreign agent.”

In addition, the bill envisages providing the Justice Ministry with the right to include an NGO on the said register, if it carries out the functions of foreign agent and has not applied for inclusion on the register of NGOs carrying out the functions of a foreign agent.

A decision on inclusion of the NGO on the NGO-foreign agent register may be contested in judicial bodies, the explanatory note to the draft bill says.

An NGO-foreign agent failing to independently apply for inclusion on the foreign agent register as demanded by the existing legislation shall be fined and in parallel will be included on the register by the Justice Ministry.

 

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