NGO Yakutia — Our Opinion :
Stop the terror against human rights organizations
and civil society in Russia

A critical situation has arisen in Russia with human rights and, in particular, with the rights of those who protect them.
Many independent human rights organizations are currently being unreasonably harassed. They are subjected to significant fines, restrictions on participation in public life and forced closure.
Officials staged a real terror against non-governmental organizations and civil society in Russia.

Powerlessness of the population is amplified in the conditions of widespread corruption in all state bodies and of systematic destruction of independent human rights organizations — one of the few forces that can resist corrupt officials, law enforcement officials and judges.
The state is not able to ensure the rights of citizens, and independent human rights defenders are subjected to unlawful prosecution.
Under these conditions, social apathy, distrust of the authorities and sense of hopelessness is growing among russian population. Amid worsening socioeconomic situation, chronic violations of civil, economic, social and other rights, the situation is getting worse.
Protest moods are growing, people are driven to despair and ready for any destructive actions.
In order to stabilize the situation, it is necessary to stop the repressive policy towards independent human rights organizations capable of directing the protest mood of society into a constructive legal channel. They are the last bastion of civil rights in Russia.
The situation in Russia can get out of control and become uncontrollable that could lead to massive uncontrolled acts of violence and bloodshed.
In this case, the entire burden of responsibility for the situation in the country will fall on the highest authorities of Russia.

It should be noted that the ongoing baseless accusations of independent human rights defenders in response to their well-founded criticism of the authorities lead the situation to a standstill.
An acceptable alternative to this is the following measures:
-consideration of human rights violations represented by human rights organizations in essence and recognition by the authorities of their mistakes;
-joint development of an action plan to eliminate human rights violations.
In connection with the need to find ways out of this situation, I have analyzed some legislative changes that have entailed negative consequences for human rights activities in Russia.
On the basis of a deep legal analysis and a thorough examination of laws, the proposals were developed to eliminate urgent problems in the field of human rights activities.
These and other proposals to end the unreasonable prosecution of independent human rights organizations are presented below in the Statement to the President of the Russian Federation Vladimir Putin and other officials.

December 12, 2019

Stepan Petrov
Chief of NGO Yakutia — Our Opinion

website http://yakutian.org
blog http://stepanpetrov.blogspot.ru
email post@yakutian.org
phone 8-914-224-24-11

 

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To the President
of the Russian Federation
Vladimir Putin

Copy of the statement:

To the Prosecutor General of the Russian Federation
Chaika Yu.Ya.

To the Minister of Justice of the Russian Federation
Konovalov A.V.

To the chairman of the State Duma
of the Federal Assembly of the Russian Federation
Volodin V.V.

To the Commissioner for Human Rights
in the Russian Federation
Moskalkova T.N.

To the Chairman of Presidential Council
for the Development of Civil Society and Human Rights
Fadeev V.A.

Statement
on the need to amend laws
illegally restricting human rights activities in Russia
and stopping the unreasonable prosecution
of independent human rights organizations

I, Stepan Yurievich Petrov, Chairman of the Yakutian Regional Branch of the All-Russian National Public Human Rights Organization “For Human Rights”,
Chief of the NGO «Yakutia — Our Opinion» NGO in Special Consultative Status with the Economic and Social Council of the United Nations,
Chief of the Subject of the State anti-corruption policy implementing the National Anti-Corruption Plan and accredited by the Ministry of Justice of the Russian Federation as an anti-corruption expert,
I propose you:
-pay attention to the negative situation connected with the illegal restriction of human rights activities in Russia,
-implement the proposed measures to adjust the legislation in order to eliminate existing problems;
-stop the unreasonable persecution of independent human rights organizations.

It must be noted that currently in Russia the priorities of policy of countering threats to state security are incorrectly set.
The activities of a number of human rights organizations have been unlawfully and unreasonably ranked as such threats.
The fallacy of this lies in the fact that their activities are aimed at protecting the legitimate rights of Russian citizens and interests of the state.
The activities of human rights organizations, by definition, cannot be contrary to state interests, but rather help to strengthen the rule of law in the country.

However, in recent years, a number of unlawful legislative changes have been adopted that restrict the activities of human rights organizations of Russia.
Unfortunately, some officials pose an imaginary threat from independent NGOs and initiate their pressure through repressive laws and punitive law enforcement practices.
As a result, instead of helping people, human rights organizations of Russia are forced to fend off unjustified attacks by state bodies.

The real threat to Russia’s state security is posed by extremist and terrorist organizations, as well as international transnational crime, and not non-governmental organizations.
In general, the Russian law enforcement agencies effectively counter extremist, terrorist and criminal threats.
Russian authorities maintain a register of extremist and terrorist organizations.
The Russian Ministry of Justice publishes lists of organizations recognized by the courts as extremist.
The Federal Security Service of Russia publishes the Unified Federal List of organizations, including foreign and international organizations, recognized in accordance with the legislation as terrorist.
The Ministry of Internal Affairs of Russia together with Interpol keeps records of international criminals and works to counteract their illegal activities.
Thus, all potentially dangerous entities are registered. The country has a comprehensive system of preventive deterrence measures, including the monitoring of sources of financing for extremist, terrorist organizations and of channels for legalizing criminal proceeds.
All current threats to Russia’s state security are successfully regulated within the framework of the existing criminal law and other special laws.
And there is no need to adopt any additional laws and measures.

However, some officials unlawfully attribute independent human rights organizations and individual Russian civil activists to threats to state security that mislead the public.
One of the main justifications for adopting laws restricting the activities of independent human rights organizations is the need to counter influence from outside, that is, from foreign states, primarily the United States and Western European countries.
Allegedly independent human rights organizations are working to realize the interests of foreign states. But that is not true.
The activities of most independent human rights organizations in Russia are aimed at realizing the rights and freedoms of citizens guaranteed by Russian and international law.
In the context of international human rights work, we are talking about the influence of independent NGOs on the Russian authorities with the aim of observing and implementing the international legal obligations assumed within the framework of ratified international treaties and of membership in international organizations.
However, some senior officials are engaged in legal nihilism and voluntarism, unilaterally rejecting the obligations assumed by Russia and denying the universally recognized international principles of law.
It simply discredits Russia in the eyes of the world community and has nothing to do with protecting national interests.
This is comparable, for example, with a situation where a driver who violates the traffic rule will deny his guilt, not recognize the laws and blame “imaginary enemies” for everything.
Thus, the actions of some Russian officials to discredit and pressure independent human rights organizations do not have any reasonable justification.
They are only illegal attempts to hide gross violations of human rights in Russia.
In fact, independent human rights organizations that reveal violations of human rights in Russia through national and international legal instruments are urgently needed by the state, as they:
-show opposition to legal nihilism and voluntarism;
-oppose the arbitrariness and lawlessness of corrupt officials, law enforcement officers and judges;
-reveal problem areas and offer solutions to problems;
-provide a balance of interests between state and society.

Therefore, the accusations by some Russian officials against independent human rights organizations that they work for foreign states and Western intelligence agencies are untenable, pursuing the goal of avoiding responsibility and hiding their inaction.
Simply put, officials guilty of misconduct or unwilling to work properly blame independent human rights defenders revealing their violations and shortcomings in illegal activities.
They use the principle “the best defense is an attack” that resembles a situation of justification of their guilty actions, as a driver who is guilty of a traffic accident accuses other traffic participants, weather and other external factors, without admitting his guilt.

One of the main arguments of opponents of independent human rights defenders that they allegedly work for the United States and other foreign states is unfounded.
Since the United States does not pose a threat to Russia and is a strategic partner of Russia in the economy and politics. The facts indicate the absence of serious contradictions and conflicts between the United States and Russia.
The statement that the United States does not pose a threat to Russia is supported by the following facts.
1.) The United States is not designated as an entity representing threats and risks for Russia in strategic documents, for example, in the Foreign Policy Concept of the Russian Federation. In contrast, the United States is identified as a strategic partner.
2.) Russia makes significant investments in the US economy through the acquisition of US Treasury bonds. As of March 2019, Russia’s total investment amounted to $ 13.7 billion.
3.) A significant number of federal officials and deputies of Russia have the citizenship of the United States and its friendly countries. And every year the list of them is only replenished.
The same situation is with other foreign states of Western Europe.
The governing bodies of the largest strategic companies in Russia with state participation include citizens of Western Europe.
For example, the Board of Directors of Rosneft PJSC includes the members according to the company’s official website rosneft.ru:
-Gerhard Schroeder, Chairman of the Board, former Federal Chancellor of Germany;
-Mattias Warnig, Deputy Chairman of the Board, Executive Director of Nord Stream 2 AG (Switzerland);
-Robert Dudley, Member of the Board of Directors, former head of TNK-BP OJSC;
-Hans-Jörg Rudloff, Member of the Board of Directors, President, ABD Capital Eastern Europe S.A.
Many strategic Russian enterprises that extract natural resources and have budget-forming significance are owned by offshore companies and are managed from foreign countries.

Thus, the Russian economy and financial system is closely connected with the economies and financial systems of the United States and Western Europe.
This makes statements about «the hostility of the West to Russia» inappropriate.
In reality, the United States and Western countries are not enemies of Russia, as some politicians and the media are trying to imagine.
Since such a level of interaction is simply impossible in conditions of confrontation between Russia and the United States, when the Cold War could develop into an open military conflict.
You can draw some analogies with the USSR on the eve of World War II and make the following comparisons in the context of relations with Germany.
1.) Designation of the United States as a strategic partner.
In the framework of cooperation, Russia will organize cooperation with the United States in the fight against terrorism.
This is comparable to the fact that in the 1930s the USSR would enter into alliances with Nazi Germany to seize foreign states and fight against foreign anti-fascists.
That is, if the USSR would provide direct assistance to the Third Reich.
2.) Purchase of US Treasury bonds.
It’s the same as in the 1930s the USSR government would actively invest in the economy of pre-war Germany, including by acquiring its securities, building up its military potential, which would then fall upon the USSR.
3.) Massive obtaining US citizenship and their western countries by federal officials and deputies of Russia.
It is difficult to imagine that in the 1930s, members of the Political Council of the Central Committee of the Communist Party, the People’s Commissariat of Defense, deputies of the Supreme Soviet of the USSR and representatives of other Soviet party bodies would go to Nazi Germany to receive medical treatment, obtain citizenship, acquire real estate and equip their families there.
And before the Second World War, Soviet leaders would cynically tell the Soviet people how to live well in the country of the Soviets, having all the vital infrastructure in Nazi Germany.
As modern officials and deputies of Russia say that in the 21st century, having foreign citizenship and real estate, their families constantly live in countries that are presented as potential enemies with whom the Third World War could soon begin.
Such cynicism and hypocrisy as now was not even in the most difficult times of Soviet repressions of the last century.
Modern officials in Russia have reached the peak of lies and deception of the population in the creation of myths about the «enemies of the homeland» in order to avoid domestic problems.

Therefore, I strongly propose to abandon exploitation of the myth of «enemies of the homeland» in the person of the United States and Western Europe.
As a result of this hypocritical and cynical deception, the situation «turns upside down»:
-on the one hand, high-ranking officials with foreign citizenship and real estate put themselves up as “patriots” and blame “enemies of the motherland”;
-on the other hand, independent human rights defenders who defend human rights and investigate corruption offenses of officials, law enforcement officers, and judges are unreasonably accused of working for Western states.

Arbitrariness against human rights defenders has led to the real terror by officials, law enforcement officers and judges against non-governmental organizations and civil society in Russia.
They are subjected to significant fines, restricting participation in public life and forced closures.
Memorial Human Rights Center, Moscow Helsinki Group, Civic Control and several other independent NGOs were subjected to unlawful prosecution.
In November, the Russian leading human rights organizations were liquidated in court:
-All-Russian public movement «For Human Rights»,
-Interregional public organization «Center for Assistance to Minorities of the North».
They are led by Lev Ponomarev and Rodion Sulyandziga, respectively.
They are the bright leaders of modern civil society of Russia, having their own civic position, sometimes different from the position of official authorities.
And they are supported by a wide range of their supporters, by entire social strata and representatives of the country’s regions.
They represent the opinion of a large number of Russian citizens. And this cannot be ignored.
However, instead of establishing a dialogue with Ponomarev, Sulyandziga and other leaders of Russian civil society, all the power of the state machine was brought down upon them and their organizations, numerous law enforcement, control and oversight bodies attacked them.
Such inappropriate actions, first of all, discredits the Russian state itself.
On the one hand, there was a total spread of corruption and arbitrariness at all levels of government: executive, legislative and judicial.
On the other hand, there is a systematic destruction of independent human rights organizations, one of the few forces capable of resisting corrupt officials, law enforcement officers and judges.
In these conditions, when the state is not able to ensure the full rights of citizens, and independent human rights defenders are subjected to unlawful persecution, social apathy, distrust of the authorities and sense of hopelessness are growing among the Russian population.
Amid worsening socioeconomic status, chronic violation of civil, economic, social and other human rights, the situation becomes critical.
Protest moods are growing, people are driven to despair and are ready for any destructive actions.

Therefore, I urge an end to the repressive policy towards independent human rights organizations — the last bastion of civil rights in Russia.
It is they who are able to direct the protest mood into a constructive legal channel.
Otherwise, the situation in Russia may simply get out of control and become uncontrollable, which can lead to massive uncontrolled acts of violence.
In this case, the entire burden of responsibility for the situation in the country will fall on the highest authorities of Russia.

Based on the foregoing
I propose abolishing repressive laws and ending punitive law enforcement practices in relation to independent human rights organizations in Russia.
To do this, take the following measures.

1. To amend the legislation in accordance with proposals based on the results of anti-corruption examinations of 9 laws illegally restricting human rights activities in Russia (the proposals are presented below).

2. To stop the process of illegal forced liquidation of the All-Russian Public Movement for the Protection of Human Rights “For Human Rights” and the Interregional Public Organization “Center for Assistance to Indigenous Minorities of the North”.

3. To stop the unreasonable prosecution of independent human rights organizations in Russia, carried out in the form of conducting unreasonable audits, unlawful prosecution, imposing significant fines and other repressive measures.

Annex
Proposals on the results of anti-corruption examinations of 9 laws illegally restricting human rights activities in Russia.

 

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Annex

Proposals
on the results of anti-corruption examinations of 9 laws
illegally restricting human rights activities in Russia

Proposals are presented as excerpts from anti-corruption examinations.
Below is a list of 9 laws on which anti-corruption examinations have been carried out.
After each law, the essence of the violation and a hyperlink to the electronic version of the anti-corruption examination with an accompanying article in Russian are given.
The following are excerpts from anti-corruption examinations — proposals to amend legislation.
All anti-corruption examinations in Russian are presented in one file at
https://drive.google.com/file/d/13KqlUyU8ztFtpALMz5cQHCf6moruGU6Y/view?usp=sharing

Rules of law,
creating opportunities for unlawful restriction of activities of objectionable
non-governmental organizations, including those with international participation

1. Federal Law No.82 «On Public Associations», the subordinate legal act — Order of the Ministry of Justice of the Russian Federation No.456 on December 30, 2011 which create conditions for unjustified forced liquidation of NGOs
http://stepanpetrov.blogspot.com/2019/11/blog-post.html

2. Federal Law No.7 «On Non-Profit Organizations» which creates conditions for arbitrary, unjustified and unlawful prosecution of any objectionable NGO with foreign funding
http://stepanpetrov.blogspot.com/2019/05/blog-post.html

3. Federal Law No.272 «On measures to influence individuals involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation» which creates conditions for arbitrary, unjustified and unlawful prosecution of citizens and organizations for interacting with foreign or international non-governmental organizations
http://stepanpetrov.blogspot.com/2019/06/272.html

Criminal law
creating opportunities for illegal criminalization of
human rights activities at international and national level

4. Article 282 of the Criminal Code of Russia which creates conditions for illegal arbitrary qualification of human rights activities at the national level as extremist activities
http://stepanpetrov.blogspot.com/2018/12/282.html

5. Article 275 of the Criminal Code of Russia which creates conditions for illegal arbitrary qualification of human rights activities at the international level as high treason and espionage
http://stepanpetrov.blogspot.com/2018/12/275.html

6. Draft norm on liability for aiding imposition of sanctions which creates conditions for unlawful arbitrary qualification of human rights activities at the international level as hostile activities that constitute a criminal act
http://stepanpetrov.blogspot.com/2018/12/284-2_61.html

Rules of law
creating opportunities to limit free elections,
freedom of picketing, anti-corruption initiative of officials

7. Federal Law No.67 «On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation» which creates conditions for gross and massive violations of the principle of free and fair elections
http://stepanpetrov.blogspot.com/2019/09/blog-post.html

8. Federal Law No.54 «On meetings, rallies, demonstrations, marches and pickets» which creates conditions for arbitrary, unjustified and unlawful prosecution of bona fide picketers due to intentional malicious actions of third parties
http://stepanpetrov.blogspot.com/2019/05/20-2019.html

9. Federal Law «On the State Civil Service of the Russian Federation» which creates conditions for illegal prosecution and dismissal of officials who report corruption and require the restoration of legality
http://stepanpetrov.blogspot.com/2019/05/blog-post_9.html

The following are excerpts from the anti-corruption examinations of 9 laws —
proposals to amend the law.

1. Conclusion
on the results of independent anti-corruption examination of
Federal Law No.82 «On Public Associations», Order of the Ministry
of Justice of the Russian Federation No.456 on December 30, 2011

The existence of corruption factors is connected with two aspects:
1.) the lack of clarification of the concepts of “repeated and gross violations” in the law;
2.) the lack of reasonable deadlines for submitting documents for verification and elimination of violations.

Aspect 1. The lack of clarification of the concepts of “repeated and gross violations” in the law

In order to eliminate identified corruption factors,
it is necessary:
to add to article 44 the following text:
“In the case of repeated violations of the law, a public association cannot be liquidated if the violations committed by it are of a minor nature or the harmful consequences of such violations are eliminated.
In the case of gross violations, the federal state registration body or its territorial body must prove that the violations are significant, violate the rights of citizens and legal entities, and pose a threat to state security.
The liquidation of a public association must be justified by information about:
— the nature of violations, their duration and subsequent activities of a legal entity after the violation;
— all material circumstances of the case, including an assessment of the consequences caused by violations.”

Aspect 2. The lack of reasonable deadlines for submitting documents for verification and elimination of violations.

In order to eliminate identified corruption factors,
it is necessary:
1. to make the following changes to the Administrative Regulation approved by Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 456 by:

-addition to paragraph 11:
The head, other official or authorized representative of a non-profit organization during the audit have the right:
7) to apply for an extension of the deadlines for eliminating violations, stating the reasons for not eliminating the violations within the established time limits, and confirming the concrete measures taken to eliminate them.

-additions to paragraph 7:
Specialists of the central office (territorial body), when conducting an audit, are required:
15) to extend the deadlines for eliminating violations if there is a petition from a non-profit organization stating the reasons that did not allow eliminating the violations within the established time limits and confirming concrete measures taken to eliminate them.

— replacement of the text in paragraph 40:
«40. The specialist draws up a notice of the inspection (hereinafter — the notice).
The notice indicates the deadline for the non-profit organization to provide the documents necessary for the audit, taking into account part 5 of Article 11 of the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” ”
with the following text:
«40. The specialist draws up a notice of the inspection (hereinafter — the notification).
The notice shall indicate the deadline for the non-profit organization to provide documents within 30 days from the date of receipt of the notice. ”

2. to make the following changes to Federal Law No.82 «On Public Associations» by adding:

— to article 44 the following text:
“If necessary, a representative of a public association has the right to petition for an extension of the deadlines for eliminating violations, stating the reasons that did not allow to eliminate the violations within the established time limits, and confirming specific measures taken, and specialists of the federal state registration body or its territorial body must extend the deadlines for eliminating the violations” .

— to article 38 the following text:
“When conducting an audit, the deadline for the submission of documents by a non-profit organization is set within 30 days from the date of receipt of the notification.”

2. Conclusion
on the results of independent anti-corruption examination of
Federal Law No.7 «On Non-Profit Organizations»

In order to eliminate the revealed corruption factors, it is proposed to replace paragraph 6 of article 2 of Federal Law No.7 «On Non-Profit Organizations» with the following text:
“A non-profit organization, with the exception of a political party, is recognized as participating in political activities carried out in the territory of the Russian Federation, if, regardless of the goals and objectives specified in its constituent documents, it participates (including through financing) in organizing and conducting actions that directly pursuing the following goals:
-changes in the constitutional system and state structure of the Russian Federation;
-changes in the status and powers of subjects of state power (the President of the Russian Federation, the Federal Assembly (Council of the Federation and the State Duma), the Government of the Russian Federation, the Courts of the Russian Federation, other federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local governments, political parties).
Political activity does not include activities aimed at:
-changing the current legislation of the Russian Federation and law enforcement practice in order to bring it in accordance with international law;
-exposure to the adoption of government bodies decisions aimed at changing their state policy, shaping public opinion, conducting public actions (rallies, demonstrations, marches, pickets, distribution of campaign materials) in order to comply with the laws of the Russian Federation and international law;
-critical consideration and contesting decisions made by state bodies in violation of the legislation of the Russian Federation and international law.
Also, political activities do not include activities that are carried out to achieve the statutory goals of a nonprofit organization in the following activities:
1) social support and protection of citizens;
2) preparing the population to overcome the consequences of natural disasters, environmental, industrial or other disasters, to prevent accidents;
3) providing assistance to victims of natural disasters, environmental, technological or other disasters, social, national, religious conflicts, to refugees and internally displaced persons;
4) environmental protection and animal welfare;
5) protection and, in accordance with established requirements, the maintenance of objects (including buildings, structures) and territories of historical, cult, cultural or environmental significance, and burial places;
6) provision of legal assistance free of charge or on a preferential basis to citizens and non-profit organizations, legal education of the population, activities to protect the rights and freedoms of a person and of a citizen;
7) prevention of socially dangerous forms of behavior of citizens;
8) charitable activities, as well as activities in the field of promoting charity and volunteering;
9) activities in the field of education, enlightenment, science, culture, art, health care, prevention and protection of citizens’ health, promoting a healthy lifestyle, improving the moral and psychological state of citizens, physical culture and sports, and promoting these activities, as well as promoting the spiritual development of the individual ;
10) encouraging public attitudes of intolerance towards corruption
11) development of interethnic cooperation, preservation and protection of identity, culture, languages and traditions of the peoples of the Russian Federation;
12) activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation;
13) conducting search work aimed at identifying unknown military graves and unburied remains of defenders of the Fatherland, establishing the names of those who died and disappeared while protecting the Fatherland;
14) participation in the prevention and (or) extinguishing of fires and emergency rescue operations. ”

3. Conclusion
on the results of independent anti-corruption examination of
Federal Law No.272 «On measures to influence individuals involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation»

In order to eliminate identified corruption factors, the following measures must be taken.

1. In order to eliminate the corruption factor “Regulatory Collisions” and the focus of the law against the United States, since the United States does not pose a threat to Russia,
it is necessary:
to replace the words “United States of America” by the words “foreign states” throughout the text of the law.

2. In order to eliminate the corruption factor “Regulatory Collisions” and violation of the right of Russian children with disabilities to life due to the ban on their adoption by US citizens,
it is necessary:
to exclude article 4 which established a ban on the transfer of children who are citizens of the Russian Federation for adoption by US citizens from the law.

3. In order to eliminate the corruption factors “Regulatory Collisions”, “Lack or incompleteness of administrative procedures”, “Latitude of discretionary powers” and violation of the principle of equality of stakeholders (balance of interests of the state and society),
it is necessary:
3.1. in order to expand the circle of entities entitled to amend the list to include the subjects of civil society, to add paragraph 3 of article 2 with the text “subjects of civil society”;
3.2. in order to introduce a judicial procedure for compiling lists of undesirable organizations and citizens who are prohibited from entering the Russian Federation, a clear definition of NGOs posing a threat to the state and participating in political activities, to state the first sentence of paragraph 1 of Article 3 as follows:
«1. Activities of non-profit organizations
who participate in political activities carried out on the territory of the Russian Federation, receive money and other property free of charge from citizens (organizations) of foreign states and implement projects, programs or carry out other activities on the territory of the Russian Federation that pose a threat to the foundations of the constitutional system of the Russian Federation and defense country or state security, are suspended by court order.
A non-profit organization is recognized as participating in political activities carried out on the territory of the Russian Federation if it participates in organizing and conducting actions that directly pursue the following goals:
-changes in the constitutional system and state structure of the Russian Federation;
-changes in the status and powers of subjects of state power (the President of the Russian Federation, the Federal Assembly (Council of the Federation and the State Duma), the Government of the Russian Federation, the Courts of the Russian Federation, other federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local governments, political parties).
Political activity does not include activities aimed at:
-changing the current legislation of the Russian Federation and law enforcement practice in order to bring it in accordance with international law;
-exposure to the adoption of government bodies decisions aimed at changing their state policy, shaping public opinion, conducting public actions (rallies, demonstrations, marches, pickets, distribution of campaign materials) in order to comply with the laws of the Russian Federation and international law;
-critical review and contesting decisions made by government bodies in violation of the laws of the Russian Federation and international law. ”
3.3. in order to exclude the unlawful inclusion of certain elements of the electoral process as part of threats to the state security, to exclude the part of the text on the electoral process and state paragraph 1 of Article 3.1 as follows:
“1. The activities of a foreign or international non-governmental organization that pose a threat to the foundations of the constitutional system of the Russian Federation, the country’s defense capability or state security may be recognized as undesirable in the territory of the Russian Federation”.
3.4. in order to exclude the possibility of making arbitrary and unreasonable decisions by a limited circle of persons, violating the principle of the presumption of innocence and the formation of a conflict of interest:
— to state paragraph 4 of Article 3.1 as follows:
«4. The activities of a foreign or international non-governmental organization that pose a threat to the foundations of the constitutional system of the Russian Federation, the country’s defense or state security,
may be declared undesirable in the territory of the Russian Federation only in court ”;
-to add paragraph 1 of Article 2 with the following text:
“A citizen of a foreign state may be included in the list of citizens of foreign states who are prohibited from entering the Russian Federation, only in court.”

4. It is necessary:
to make appropriate changes to other articles of the law.

4. Conclusion
on the results of independent anti-corruption examination of
Article 282 of the Criminal Code

Article 282. Arousal of hatred or enmity,
as well as humiliation of human dignity
«The Criminal Code of the Russian Federation» dated June 13, 1996 N6З (as amended on November 12, 2018)
1. Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of people on the grounds of sex, race, nationality, language, origin, religion, as well as belonging to any social group, committed publicly or with using the media or information and telecommunication networks, including the Internet,
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wage or other income of the convicted person for a period of two to three years, or by forced labor for a term of one to four years with the deprivation of the right to hold certain posts or engage in certain activities for a term of up to three years, or imprisonment for a term of two to five years.
(as amended by the Federal Law of 06.07.2016 N375)
2. The same acts committed:
a) with the use of violence or with the threat of its use;
b) by a person using his official position;
c) by an organized group, —
shall be punished by a fine in the amount of three hundred thousand to six hundred thousand rubles, or in the amount of the convict’s salary or other income for a period of two to three years, or by forced labor for a term of two to five years with deprivation of the right to hold certain posts or engage in certain activities for a term of up to three years, or imprisonment for a term of three to six years.

In order to eliminate identified corruption factors, it is proposed:
1.) to add the article with a note as follows:
«Note.
Actions containing the elements of a crime provided for in this article and committed by a person carrying out activities of human rights or anti-corruption orientation in the course of counteracting corruption offenses committed by employees of state authorities, law enforcement bodies and judges by informing the public and otherwise disseminating information about cases initiated by him at the stage of verification measures, preliminary investigation, judicial review, do not constitute a corpus delicti and cannot be the basis for initiating a criminal case against him. ”
2.) It is necessary to clarify the phrase «any social group”, that is, to indicate specific and unambiguously understood groups of the population, united by certain signs.

5. Conclusion
on the results of independent anti-corruption examination of
Article 275 of the Criminal Code

Article 275. High Treason
The Criminal Code of the Russian Federation of 13.06.1996 N63
(as amended on 11/12/2018)
Treason, i.e., espionage committed by a citizen of the Russian Federation, issuance of information constituting a state secret entrusted to a person or became known to him through service, work, study or in other cases stipulated by the legislation of the Russian Federation to a foreign state, international or foreign organization or their representatives or rendering financial, material, technical, consulting or other assistance to a foreign state, international or foreign organization or their representatives in activities against the security of the Russian Federation, —
shall be punished by imprisonment for a term of twelve to twenty years, with a fine in the amount of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three years or without it, and with restriction of liberty for a term of up to two years.

In order to eliminate identified corruption factors, it is proposed:
1.) to add the article with the text “with the exception of international organizations of which the Russian Federation is a member”;
2.) to delete or clarify the phrases «or in other cases stipulated by the legislation of the Russian Federation» and «or other» to

and state the text of the article as follows:
Article 275. High Treason
Treason, i.e., espionage committed by a citizen of the Russian Federation, issuance of information constituting a state secret entrusted to a person or became known to him through service, work, study
or in other cases stipulated by the legislation of the Russian Federation (note: delete or clarify),
to a foreign state, international or foreign organization or their representatives or
rendering financial, material, technical, consulting
or other (note: delete or clarify),
assistance to a foreign state, international or foreign organization or their representatives, with the exception of international organizations of which the Russian Federation is a member, in activities against the security of the Russian Federation, —
shall be punished by imprisonment for a term of twelve to twenty years, with a fine in the amount of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three years or without it, and with restriction of liberty for a term of up to two years.

6. Conclusion
on the results of independent anti-corruption examination of
draft article 2842 of the Criminal Code

Article 2842. Restriction or denial of ordinary business operations or transactions in order to facilitate the implementation of restrictive measures introduced by a foreign state, a union of foreign states or an international organization
1. The performance of actions (inaction) in order to implement the decision of a foreign state, union of foreign states or an international organization on the introduction of restrictive measures, if these actions (inaction) entailed a restriction or refusal of ordinary business operations or transactions by citizens of the Russian Federation, legal entities registered in the Russian Federation, The Russian Federation, constituent entities of the Russian Federation or municipalities, as well as persons under their control (Russian private and public entities, as well as entities under their control) —
shall be punishable by a fine in the amount of up to six hundred thousand rubles or in the amount of the convict’s salary or other income for a period of up to four years, or restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for a term of up to four years with a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year or without it.
2. The commission by a citizen of the Russian Federation of deliberate actions conducive to the introduction by a foreign state, a union of foreign states or an international organization of restrictive measures against Russian private and public entities, as well as persons under their control, including by providing recommendations and transmitting information that led or could lead to the introduction of restrictive measures against Russian private and public entities, as well as persons under their control —
shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the convict’s salary or other income for a period of up to three years, or restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years with a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year or without it.

In order to eliminate identified corruption factors, it is proposed
to make the following changes to the second part of the article:
1.) to include in the article the text “with the exception of international organizations of which the Russian Federation is a member” after the word “organization” in order to exclude a direct violation of the norms of Russian and international law in terms of monitoring the implementation of international obligations undertaken by Russia;
2.) to include in the article the requirement for the presence of a document of a foreign state, a union of foreign states and an international organization (or its accompanying documents — an explanatory note, rationale, comment, etc.) as mandatory evidence of a citizen’s guilt, which contains:
-information on the introduction of restrictive measures;
-the name of the citizen, his personal data and the essence of the information and recommendations transmitted;
3.) to specify the methods of committing a crime under the article, clarify specifically the essence of criminal acts, the forms and methods of providing recommendations and transferring information;
4.) to delete from the article the text “or could lead» taking into account the fact that these unfinished actions are mainly part of human rights activities, not criminal acts, and this type of crime, difficult to prove, was not an illegal act before;
5.) to supplement the article with the norm on the criminal liability of other accomplices — organizers, performers and instigators, which should be applied to leaders and representatives of foreign states, unions of foreign states and international organizations that are introducing restrictive measures.

7. Conclusion
on the results of independent anti-corruption examination of
Federal Law No.67 «On Basic Guarantees of Electoral Rights
and the Right to Participate in a Referendum of Citizens of
the Russian Federation»

In order to eliminate identified corruption factors, the following measures must be taken.

1. In order to eliminate the corruption factors “Lack or incompleteness of administrative procedures”, “Latitude of discretionary powers” “Regulatory Collisions”, as a result of which:
— there are conditions for the impossibility of challenging the expert’s opinion on the recognition of voters’ signatures as invalid,
— there is no direct indication of the possibility of using the testimony of voters during the verification of the signatures of voters in pre-trial and judicial order,
it is necessary:
to supplement paragraph 3 of Article 38 with the following text:
“Expert opinions, which became the basis for considering information on voters, referendum participants and their signatures contained in the subscription lists as unreliable and (or) invalid,
can be challenged in election commissions and courts, including on the basis of voter testimonies. ”

2. In order to eliminate the corruption factors “Lack or incompleteness of administrative procedures”, “Latitude of discretionary powers” “Regulatory Collisions”, as a result of which:
— there is no norm for presence of all forms of documents and instructions for filling them out, used in the interaction of election commissions and state bodies (internal affairs bodies, justice institutions, military commissariats, citizens registration bodies and others) during the audit , in Federal Law No. 67 as annexes,
-the election participants have difficulty in verifying compliance with the law due to the fact that the forms of documents contained in various sources (cooperation agreements, departmental guidance materials and others) are not published properly and due control is not exercised,
it is necessary:
to supplement paragraph 3 of Article 38 with the following text:
“All forms of documents and instructions for filling them out, used in the interaction of election commissions and state bodies (internal affairs bodies, justice institutions, military commissariats, citizens registration bodies and others) during the audit,
shall be given as annexes to this law. ”

3. It is necessary:
to make appropriate changes to other articles of the law in pursuance of the proposed changes.

8. Conclusion
on the results of independent anti-corruption examination of
Federal Law No.54 «On meetings, rallies, demonstrations,
marches and pickets»

In paragraph 1.1. article 7 of Federal Law N54 «On meetings, rallies, demonstrations, marches and pickets», which has the following content:
“Notification of picketing by one participant is not required, unless this participant intends to use a prefabricated collapsible construction.
The minimum permissible distance between the persons performing the specified picketing is determined by the law of the subject of the Russian Federation. The specified minimum distance may not be more than fifty meters. »

There are the corruption factors included in Decree of the Government of the Russian Federation No.96 of February 26, 2010 in this law.
In order to eliminate identified corruption factors, it is proposed:
to supplement paragraph 1.1. of article 7 of Federal Law N54 with text:
“In case of violation of the norm that establishes the minimum permissible distance between the picketers, a person or several persons who started picketing later than the first picket participant are liable.
The first participant of the picket is the person who began to picket in this place in the absence of other participants of the picket, that is, earlier in chronological order than other persons who joined the picket later.
The fact of the start of the picketing by the first participant and later joining the picketing of other persons must be supported by evidence that can be presented in the form of photo and video recordings, testimonies of witnesses and other factual data. ”

9. Conclusion
on the results of independent anti-corruption examination of
Federal Law «On the State Civil Service of the Russian Federation»

In paragraph 10 of part 1 of article 17 of the Federal law «On the state civil service of the Russian Federation», which establishes a ban related to the passage of the state civil service, and has the following content:
“It is prohibited to make public statements, opinions and evaluations, including in the media, regarding the activities of state bodies, their leaders, including decisions of a higher state body or state body in which a civil servant have the civil service position, if it is not included in his job responsibilities ”.

There are the corruption factors included in Decree of the Government of the Russian Federation No.96 of February 26, 2010 in this law.
In order to eliminate identified corruption factors, it is proposed:
to supplement paragraph 10 of part 1 of Article 17 of the Federal Law «On the State Civil Service of the Russian Federation» with the following text:
“Except in cases where the violation of this prohibition:
-conditioned by the implementation of state or public interests;
-leads to the prevention of damage to state or public interests;
-touches on issues affecting the problems of socio-economic development, improving the work of public authorities, fight against corruption and crime, and other socially significant issues”.