is expected before the end of the year a radical modernization of the law on NGOs
Yesterday, the Constitutional Court (CC) has determined that foreign agents are not considered non-profit organizations (NPOs), who refused to foreign money. Criticism from all sides to the NGO law is strengthened. According to “Nezavisimaya Gazeta”, the Kremlin decided to accelerate its modernization – to develop a clear concept of socially oriented and socially useful NPOs, and others conventionally considered political, they did not specifically defined.
COP decision handed down yesterday on the complaint association of election observers “Voice” for which, according to some experts, mainly introduces the institution and foreign agents.
Recall that the association “The Voice” is on the hands of the judgment of the impropriety of its inclusion in the spetsreestr – because foreign money proposed to her, she did not take. However, the Ministry of Justice struck her on the pretext that there was no mechanism for termination of the status inoagentov.
The COP also reiterated yesterday that the “voice” to assign this status could not, despite the fact that funds from abroad came to the accounts of the organization. Check this fact established, but the operation to return the money – no. However, “The Voice” is still in the registry, even though, now that the law on NGOs present rules on the withdrawal from the “black list».
Some NGOs have already decided to use them. However, the Ministry of Justice ahead of them, declaring that he reduces spetsreestr three positions. These NGOs were closed because they were unable to secure the financial import. And yesterday, the Minister of Justice Alexander Konovalov said: “At the moment, if I am not mistaken, we have had four treatment. They will be dealt with according to law. ” Those who apply for the exit, head of the Justice Ministry did not specify.
As can be understood from the words of yesterday Konovalov, about the fund “Dynasty” speech does not go yet. Although it is true, I do not exclude that also may require its exclusion – for example, if it receives the relevant court decision, the probability of which the head of the Ministry of Justice, in essence, just confirmed. At the same time, the minister said, “we see no threat to the personality of the organization,” so that, in his opinion, all the better to calm down. Recall, by the way, that in an interview with “Kommersant” Konovalov said that Russian pressure on NGOs there.
The head of the HRC Mikhail Fedotov, with this strongly disagreed. “However, I agree that the development of NGO legislation was going in different directions, not only in the direction of tightening. Certainly, I believe that the law on foreign agents – not the best invention of our legislators: its application in practice has shown that it is very far from the idea that it was originally founded – the scope of the political struggle to separate from the influence of foreign funding, “- he said Fedotov. Thus, it is precisely to express the essence of the problems that emerged after the implementation of the law on NGO Institute inoagentov.
And it is that “to date, under the law on foreign agents and fallen charities and environmental organizations and human rights activists, that is, all those who are far from the political struggle.” Even part of the HRC and the Public Oversight Commission recognizes politdeyatelnostyu Ministry of Justice and on this basis include NGOs in the register inoagentov, stated the head of the HRC. The positive innovation lay in the fact that after all was worked out the concept of socially oriented NGOs. Now they are preparing for a package of tax incentives, developed in accordance with the presidential order, which he did after the All-Russia Forum “State and Civil Society: Cooperation for Development” held in mid-January.
According to “Nezavisimaya Gazeta” from sources close to the Kremlin, it is on this basis is preparing a radical renewal of the law on NGOs – say, once it comes to taxes, to be rigid separation of those benefits may be provided from those who They will not be able to claim. This forces to socially oriented NGOs clear definition that will satisfy the Ministry of Finance and the Federal Tax Service. At the same time, according to “Nezavisimaya Gazeta”, the law will be grading for another category of NGOs – previously they may be called public benefit. For these benefits can also be incorporated, but perhaps to a lesser extent.
«Thus, the restrictions will be identified by NGOs, which are neither the first nor the second part does not fall, so they will be conditionally considered a political”, – said the source.
Recall: to to give a clear description of what is political NGO, has recently insisted Secretary of the Public Chamber of the Russian Federation Alexander Brechalov. However, according to “Nezavisimaya Gazeta” decided to give up on this just for political reasons. It is worth noting that now the law politdeyatelnost NGOs described vaguely: “NGOs are considered participating in political activities carried out in the territory of the Russian Federation, regardless of if the goals and objectives set out in its founding documents, it is involved (including through financing) in the organization and conducting political activities in order to influence decision-making by public authorities aimed at changing state policy pursued by them, as well as in shaping public opinion for such purposes. ” Although the science, culture, art, charity, ecology, physical education and a dozen fields of activity are listed as non-political, in practice, many of these NGOs were inspected in search of their foreign money.
It is now clear that the government is not only not going to abandon these fuzzy criteria, they generally want to keep political activity, and hence the potential candidates inoagenty without any definitions. Defectiveness of this approach, however, is noticeable too well: if you can write exactly what is socially oriented, even socially useful NPOs, why not specify clearly and political signs in their activity?
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