Russia - NGO Law Monitor - Research Center - ICNL

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Russia - NGO Law Monitor - Research Center - ICNL http://www.icnl.org/research/monitor/russia.html[11/15/2012 2:02:58 PM] 1. All people shall be equal before the law and courts. 2. The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned. 3. Men and women shall enjoy equal rights and freedoms and have equal possibilities to exercise them. Article 28: Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with others any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views and act according to them. Article 29 1. Everyone shall be guaranteed the freedom of ideas and speech. 2. Propaganda or agitation instigating social, racial, national or religious hatred and strife shall not be allowed. The propaganda of social, racial, national, religious or linguistic supremacy shall be banned. 3. No one may be forced to express his views and convictions or to reject them. 4. Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal means. The list of data comprising state secrets shall be determined by a federal law. 5. The freedom of mass communication shall be guaranteed. Censorship shall be banned. Article 30 1. Everyone shall have the right to association, including the right to create trade unions for the protection of his or her interests. The freedom of activity of public association shall be guaranteed. 2. No one may be compelled to join any association and remain in it. National Laws and Regulations Affecting Sector Relevant national-level laws and regulations affecting civil society include: Constitution of the Russian Federation, December 12, 1993. Civil Code of the Russian Federation, Part I, Federal Law No. 51-FZ, November 30, 1994 as amended. Civil Code of the Russian Federation, Part II, Federal Law No. 14-FZ, January 26, 1996, as amended. Federal Law No. 7-FZ, "On Non-Commercial Organizations," January 12, 1996, as amended (NCO Law). Federal Law No. 135-FZ, "On Charitable Activities and Charitable Organizations," August 11, 1995, as amended (Charities Law). Federal Law No. 82-FZ, "On Public Associations," May 19, 1995, as amended (Law on Public Associations). Federal Law No. 95-FZ, "On Gratuitous Assistance," May 4, 1999, as amended (Law on Gratuitous Assistance). Special Part of the RF Tax Code regulating property tax of legal entities, effective since January 1, 2004. Federal Law No. 129-FZ, "On State Registration of Legal Entities," August 8, 2001 (Law on Registration of Legal Entities). Federal Law No. 275-FZ, "On Endowments," December 30, 2006. Tax Code of the Russian Federation, Part I, Federal Law No. 146-FZ, July 31, 1998, as amended. Federal Law of the Russian Federation No. 18-FZ, "On Introducing Amendments to Certain Legislative Acts of the Russian Federation," January 17, 2006. Decree of the Cabinet of Ministers of the Russian Federation # 212, “On measures aimed at implementing certain provisions of the federal laws regulating activities of non-commercial organizations,” April 15, 2006. Decree of the Ministry of Justice of the Russian Federation #222, "On the Procedure of State Control of NCO activity (including Spending of Resources)," June 22, 2006. Tax Code of the Russian Federation, Part II, Federal Law No. 118-FZ, August 5, 2000, as amended.[Excerpts] Amendments to the Federal Law NO. 7-FZ of January 12, 1996 On Non-Commercial Organizations (with the Amendments and Additions of November 26, 1998, July 8, 1999, March 21, 2002, December 28, 2002, December 23, 2003, January 10, February 2, November 3, December 30, 2006, March 2, May 17, June 26, November 29, December 1, 2007, May 13, July 22, 23, 2008 ) (adopted by the State Duma and approved by the Council of Federation in July 2009). Amendments to the law on public rallies and the administrative code, adopted by the lower chamber of the Russian Parliament on June 5, 2012 and endorsed by the upper chamber on June 6, 2012
Russia - NGO Law Monitor - Research Center - ICNL http://www.icnl.org/research/monitor/russia.html[11/15/2012 2:02:58 PM] The law "Introducing Amendments to Legislative Acts of the Russian Federation in Part Regulating Activities of Non-commercial Organisations, which Carry Functions of Foreign Agents," July 21, 2012. The law on "Information, Information Technologies and Information Protection,” July 30, 2012 Pending NGO Legislative / Regulatory Initiatives Russia enacted the Federal Law Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-commercial Organizations Performing the Function of Foreign Agents. The new law will come into effect in November 2012, 120 days after its publication in the mass media on July 23, 2012. The law will require all non-commercial organizations (NCOs) to register with a specially authorized governmental body prior to receipt of funding from any foreign sources if they intend to conduct political activities. Such NCOs are to be called "NCOs carrying functions of a foreign agent." The law contains other new provisions that have the potential to significantly affect both Russian and foreign organizations carrying out activities in Russia. The provisions are ambiguous and may require elaboration in regulations yet to be promulgated. In addition, new legislation affecting non-commercial organizations (NCOs) has been proposed. This legislation includes: Draft Federal Law on Changes to the Code of the Russian Federation on Administrative Offenses, in part regulating activities of NCOs that carry out the functions of a foreign agent (draft law № 109968-6), which passed the first reading in the Duma on September 11, 2012 Draft Federal Law on Changes to the Criminal Code of the Russian Federation (in part changing criminal legislation in the area of protection of state secrets from criminal offenses) (draft law № 139314-5), which passed the first reading in Duma on September 21, 2012 Draft Resolution by the Central Bank of the Russian Federation (Russia Bank) on Amendments to Annex #8 to the Procedure on Provision by Credit Organizations to the Designated Body of Information, Required in the Federal Law On Counteracting Legalization (Money Laundering) of Incomes Received in a Criminal Way, and Financing Terrorism, which was approved by the Russia Bank on August 29, 2008 # 321-П and published on September 18, 2012 All of the above mentioned legislation will be adopted and enacted in fall 2012. Several other legislative and regulatory initiatives are currently pending, including the following: On July 30, 2012, an MP announced that the draft Law on Volunteers would not be sent to the Duma after NGOs argued that the law would result in burdensome administrative procedures and delays in carrying out activities. As a compromise, new amendments which prevent volunteer-related expenses from being taxed will be incorporated into the Law on Public Associations and into the Tax Code. In the fall of 2010, ICNL and Lawyers for Civil Society (LCS) prepared a model draft law on state support of NGOs to promote the implementation of provisions on socially oriented organizations in the Federal Law on Non-commercial Organizations. At the beginning of 2011, the Council on Federations’ Commission on Civil Society Institutions Development sent to all regional legislative bodies letters urging them to consider the adoption of the draft model regional law on the state support of socially oriented organizations. Several regional Dumas have begun consideration of such legislation. For example, the Law on “Cooperation between the State Power of the Volgograd Region and Socially Oriented Organizations” was adopted in June 2011. At least 20 other regions have drafted legislation based on the model law. Such regional laws might contribute to improved governmental funding of NGOs, and consequently, to their sustainability. The Draft Law on Public Control, which includes provisions that could help provide more opportunities for NGO engagement in policy-making, is currently under discussion by a special working group created by the Presidential Council on Human Rights and Civil Society. A package of amendments to the Civil Code (over 400 pages) is under discussion in the Ministries. If adopted, the reform package would have a profound impact on civil society, as it would reduce the number of available legal forms for NGOs. Draft amendments to the Federal Law “On Counteraction to Extremist Activity” have been registered by the State Duma. We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at infoicnl@icnl.org. Legal Analysis Back to Top
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