“This idea is absurd in the 21st century” – about who foreign agents are in Russia (1)

Yekaterinburg lawyer Yulia Fedotova explained who can be included in this list

The boring term “foreign agent” sounds rather ominous. I remember Soviet films about spies and traitors. It is not exactly clear who it is, but it must be someone bad. The lack of understanding is also aggravated by the absence of any clear regulatory framework governing the activities of such “agents”. Lawyer Yulia Fedotova helped to figure it out.

1. Normative acts:

Federal Law “On Non-Commercial Organizations”;

Federal Law “On Measures of Influence on Persons Involved in Violations of Fundamental Human Rights and Freedoms, Rights and Freedoms of Citizens of the Russian Federation”;

RF Law “On Mass Media”;

Administrative Code of the Russian Federation, Criminal Code of the Russian Federation.

2. Who can become a foreign agent?

The main features are foreign funding + active social and political activity. They can be:

2.1) non-profit organizations that receive money or property from foreign sources and participate, including (but not only) in the interests of these sources, in political activities carried out on the territory of the Russian Federation.

What kind of “foreign sources”? The list is extensive. From just foreign citizens to foreign countries. Also, a Russian (individual or legal entity) will be considered a “foreign” source of funding if they themselves receive money from foreigners and act as intermediaries in their transfer to NPOs.

Political activity in the law is understood almost as any socially useful one, a long list of areas is given (for example, “activities in the field of socio-economic and national development of the Russian Federation, the development of the political system, the activities of state bodies”). The forms of such activity are varied – from rallies to “the formation of socio-political views and beliefs” and discussion of lawmaking activities.

“A fund for helping homeless animals can be recognized as a foreign agent, if it proposes changes to the legislation, in the event that a couple of hryvnias are received from Ukraine.” Julia Fedotova

At the same time, the law does not formally include activities in the field of science, culture, health care, social sphere, protection of flora and fauna, charity as political activity. However, given the unrestrictedness of the concept of “political activity”, nothing prevents from recognizing as foreign agents, for example, charitable foundations for helping homeless animals, which in one way or another propose appropriate changes in the legislation in the field of protecting the rights of tailed beasts, if they receive a couple of hryvnias from Ukraine.

2.2) unregistered public organizations.

Non-agents can also be public organizations that are not duly registered as legal entities. The scheme is the same as for NPOs, just information about them will be contained in different registers.

2.3) individuals.

There are two interesting points. An individual can be recognized by the media and can be recognized as “just a foreign agent”.

a) an individual who distributes information intended for an unlimited number of persons, including on the Internet, can be recognized as a media outlet performing the functions of a foreign agent. Conditions – receiving funds from abroad or from intermediaries. There is no need to engage in “political activity”.

Well, that is, it is enough just to conduct social networks and receive from a penpal from Britain, for example, a transfer for a birthday.

“Theoretically, any grandmother who posts recipes for pickling cucumbers in Odnoklassniki and who has received money from her sister from Ukraine can become a foreign agent” Julia Fedotova

b) an individual can be “just a foreign agent”.

Conditions – political activity + receiving assistance from foreigners (both monetary and any other).

About “political activity” – the same rules as for NGOs. That is, it turns out that if I, as a lawyer, prepare a complaint to the ECHR for money in the interests of a foreign citizen against Russia, I can be a foreign agent.

2.4) foreign legal entities.

A foreign agent can be a legal entity registered in a foreign state, or a foreign structure without the formation of a legal entity, regardless of the organizational and legal form. This also includes foreign media and Russian legal entities established by them.

Conditions – this legal entity disseminates information and receives foreign funding. The goals of such a legal entity do not matter.

Read part two: https://europeantimes.info/2021/06/01/this-idea-is-absurd-in-the-21st-century-about-who-foreign-agents-are-in-russia-2/