The Duma has approved increase in fines for
NGOs to one million roubles against the advice of concerned ministries

The
deputies are proposing an increase in the fines payable by NGOs for failing to
submit  information required by law to
officials, for submitting it late, or for providing incomplete or misleading
material. The increase will also apply in case of failure to declare activities
that should be noted on the register of NGOs which ‘carry out the functions of
a foreign agent’ and the issue and dissemination of material (including via the
media or the internet) without disclosing that they emanate from an NGO
‘performing the functions of a foreign agent’.

The
Federal Amendments to the Section of the Administrative Offences Code of the
Russian Federation concerning the Activities of NGOs Performing the Functions
of a Foreign Agent Bill No109968-6 had its first reading in the Duma on 11
September. There is a 30-day window for proposing amendments. The Duma
Committee for Constitutional Legislation and the Structure of the State has
been assigned responsibility for progressing the bill.

This
legislative initiative, promoted by a number of deputies, follows Federal Law
no121. This amends various federal laws regulating the activities of NGOs
‘performing the functions of a foreign agent’. It was promoted by the United
Russia party and signed into law by the president on 20 July. Originally
conceived of as one piece of legislation, these initiatives have attracted
adverse criticism from both the general public and specialists alike. ASI press
releases dated 5 and 11 July contain further details.

The
essence of bill no 109968-6 lies in increasing the penalties for certain NGOs
in the circumstances described above. In addition, it is proposed to increase
the penalties imposed on the staff of the NGOs to a maximum of 500,000 roubles.
At present Article 3, para 5 of the Administrative Violations Code sets the
maximum at  50,000 roubles. There is no
explanation in the documentation accompanying the bill as to why a tenfold
increase in penalties is necessary.

On
16 July in accordance with the council of the federal Duma’s resolution of 12
July, contained in record no 40, the bill together with associated letter no
2.12-17/735 was sent out to the judicial, legislative and executive authorities
including the presidents of the regions allowing for objections, suggestions
and comments to be submitted by 12 August. The Russian government sent the
letter accompanied by the text of the bill to relevant ministries. The federal
ministries of economic development and of justice have stated that they do not
support the bill in its present form.

In a jointly composed document sent to the Russian government, the
ministries mention that the constitutional court of the Russian Federation when
delivering judgment has on more than one occasion pointed out that ‘when the
legislators are relating the breach of certain rules to the system of
administrative violations and looking at appropriate

The
essence of bill no 109968-6 lies in increasing the penalties for certain NGOs
in the circumstances described above. In addition, it is proposed to increase
the penalties imposed on the staff of the NGOs to a maximum of 500,000 roubles.
At present Article 3, para 5 of the Administrative Violations Code sets the
maximum at  50,000 roubles. There is no
explanation in the documentation accompanying the bill as to why a tenfold
increase in penalties is necessary.

On
16 July in accordance with the council of the federal Duma’s resolution of 12
July, contained in record no 40, the bill together with associated letter no
2.12-17/735 was sent out to the judicial, legislative and executive authorities
including the presidents of the regions allowing for objections, suggestions
and comments to be submitted by 12 August. The Russian government sent the
letter accompanied by the text of the bill to relevant ministries. The federal
ministries of economic development and of justice have stated that they do not
support the bill in its present form.

In a jointly composed document sent to the Russian government, the
ministries mention that the constitutional court of the Russian Federation when
delivering judgment has on more than one occasion pointed out that ‘when the
legislators are relating the breach of certain rules to the system of
administrative violations and looking at appropriate

measures
for imposing administrative liability, they are bound to comply with the
requirements of the Russian constitution’.

In
particular, under  Article 55, para 3 of
the Constitution of the Russian Federation the punishment ‘must fulfil the
requirements of fairness, be proportionate to aims that have been adopted
constitutionally and be compatible with interests safeguarded by the law. The
legal advisers at the ministries mentioned, do not view the bill as answering
these requirements. Moreover, proposed para 7 of the new Article19 of the
Administrative Violations Code provides for penalties for the violations
described above to be imposed on citizens who are not functionaries of the
organisation in question and have no responsibility in regard to the
information supplied…The view taken in the ministries is that such liability
may arise only in the case of NGOs registered as ‘performing functions on
behalf of a foreign agent’, and their staff.

http://www.asi.org.ru/asi3/rws_asi.nsf/va_WebPages/9C1E7B7421B2707844257A780040D04FRus