The State Duma introduces liability for participation in the activities of foreign NGOs not registered with the Ministry of Justice

The State Duma on Thursday passed in the first reading a package of bills complicating the life of foreign and international non-governmental organizations (NGOs). After the adoption of the initiative, they will be able to conduct their activities in Russia only if they have Russian subdivisions registered with the Ministry of Justice. In case of their absence, citizens for participating in the activities of such NGOs will face administrative and criminal liability. The communists were against it. In response, the authors of the bills recalled that they were signed by representatives of all factions.

Amendments to the law “On non-profit organizations”, as well as to the Criminal (CC) and Administrative (CAO) codes, deputies from the Duma commission to investigate the facts of foreign interference in the internal affairs of Russia, submitted to the State Duma on April 26, along with two initiatives on new restrictions for foreign agents, which the House approved the day before. The authors of the initiative proposed to permit activities in Russia only for those NGOs that have subdivisions officially registered with the Ministry of Justice. The corresponding register will be posted on the department’s website. Participation in the work of an organization that is absent from it will be punished administratively and criminally. For the first violation, it is proposed to punish with fines: from 3 thousand to 5 thousand rubles. for citizens, from 20 thousand to 50 thousand rubles. for officials, from 50 thousand to 100 thousand rubles – for legal entities. Foreigners and stateless persons, in addition to a fine of 30 thousand to 50 thousand rubles. threatens even and expulsion from the Russian Federation. Two cases of prosecution under an administrative article during the year will already give rise to a criminal case: participation in the activities of an NGO will face imprisonment for up to two years, and organization of such activities – up to three years in prison. True, criminal liability can be avoided by voluntarily ceasing participation in the activities of such an organization and contributing to the disclosure of the crime.

The co-author of the amendments, Sergei Leonov (LDPR), stressed that they were the fruit of the work of all factions within the Duma commission to investigate the facts of foreign interference in the internal affairs of Russia: “The commission analyzed the subversive work of foreign non-governmental organizations against Russia. It turns out that out of 23 foreign NGOs whose activities were declared undesirable by the Prosecutor General’s Office last year, only one has created a branch in Russia.”

In general, the commission has information about four dozen NGOs operating in the country without registering their structural divisions. In fact, Mr. Leonov believes, “much more” of them. These organizations, the deputy said, carry out “destructive activities” through the financing of Russian legal entities and individuals.

Olga Timofeeva (ER), Chairwoman of the State Duma Committee on the Development of Civil Society, said that the Ministry of Justice supported the bill, is ready to keep a register, but asks to indicate in the document its authority to approve the procedure for this work.

Then the deputies asked questions. Anatoly Vyborny (ER) was interested in what is meant by facilitating the disclosure of a crime, which will allow a citizen to avoid criminal liability: “Are we giving the law enforcer too wide margins of discretion?” Sergei Leonov replied that “law enforcement practice will show everything,” and if there is evidence of abuse, legislators will make appropriate improvements. “A person may not have the intention to work with this foreign NGO,” he described a possible situation. At some point, he was told that he would be attracted. He repented, said that he did not want this in any case, and provided additional information to the investigation. By decision of law enforcement officers, he can be released from criminal liability.

Yuri Sinelshchikov (KPRF) acknowledged that an attempt to protect state interests in the field of NGO activities “deserves approval,” but said that the Communists would not support amendments to the Code of Administrative Offenses and the Criminal Code: “It is not clear what participation in activities is. If you work with a salary in such an organization, then it will be participation. And if a citizen drives an NGO employee to work in his car, he also participates, will we also hold him accountable?” Kommunist noted that the government, in its opinion, also drew attention to the vagueness of this term, supporting the amendments as a whole, but asking, for the purpose of “unambiguous interpretation”, to define the forms of “participation in activities” and the very types of activities of foreign NGOs on the territory of the Russian Federation. In addition, Mr. Sinelshchikov considered it illogical to provide a citizen with the opportunity to avoid criminal liability if he contributes to the investigation, but not to provide it in the case of administrative punishment.

Adalbi Shkhagoshev (ER) recalled that among the authors of the bills are representatives of all factions (from the Communist Party it was signed by Alexander Yushchenko). “The Commission has almost irrefutable evidence that today the gaps and loopholes that exist in the law are being filled by those involved in complicity. When we consider the activities of terrorist cells, there are more accomplices than executors,” Mr. Shkhagoshev sternly recalled. The deputies heeded the warning and approved all three bills.

Ksenia Veretennikova