PUBLICATIONS

About new "principles of civil society functioning"

The remarks of the President, directed by him into the State Duma, in connection with preparation for the second reading of the malignant bill "On modification of some legal acts of the Russian Federation", testifies invariably of intention of authority to strangle and repress the independent civil organizations, to supervise private life.

Improvements suggested by the head of the state are insignificant and totally absorbed by newly invented police shifts. But of course, everything is being done for our sake, in conformity "with principles of civil society functioning" as the author of the conclusion understands them.

Unambiguously, he declares support for the purposes of the bill - to put in order state mechanisms of registration of the noncommercial organizations, to control conformity of activity of such organizations with their declared purposes. In other words, the conceptual basis of the draft is allowing registration of the noncommercial organizations instead of declared one plus bureaucratic intervention ("control") over conformity of NGO's activity with statutory purposes. The zone of freedom protected till now by the Law "On the noncommercial organizations" is liquidated. The unacceptable legal regime stipulated by Federal Law (FL) "On public associations" extends on all NGO's established by citizens. The primary idea - to give all noncommercial organizations in to paws of Ministry of Justice officials "is supported" by the President, he just offers "to specify" only the list of given documents (how "to specify" - to reduce or to expand?) and the bases of refusal in registration (to reduce or, nevertheless, to expand?)

As predicted, the author of the conclusion, hastening to please the concerned George and Congolese undertakes to correct the situation in a pointed manner: "first of all with the international and foreign organizations". However for them (not for Bush, Rice, and for the nongovernmental foreign organizations) that is still a delicacy. But in other package. On the one hand, branches and representations, really remain (really there were no doubts in what form). On the other hand - definition of the order ("form") of the control over activity of foreign and international NGO's is suggested to be transferred to the Government, i.e. in general to deduce a plot of "transparency" of foreign NGO's beyond frameworks of the Federal Law. And it won't seem little for them. "Corresponding notifying procedures could be carried out in process of receipt of means and depending on the prospective schedule of their use", - the President writes. Differently, examination of financial and economic documents of NGO's, carried out by force structures is offered to be concentrated, basically in the international and foreign organizations.

The control over NGO's own expenditures, thus not only is kept, but also amplifies. About inadmissibility of excessive interference in legitimate activities are obviously mere words, so far as in the same paragraph of the conclusion this most authorized body it is offered to allocate be empowered "with the right of the control over conformity of activity of the international and foreign organizations with the declared purposes, including with the declared volumes of allocated means, and also specific goals of their use". To be convinced of "legitimacy" of activity, all is necessary all over again as it is necessary to check up everything all over again.

Thus, the control over own expenditures, spent by NGO's declared in the text of the first reading, is not only kept, but also amplified. The diplomatic courtesy about the inadmissibility of excessive "interventions from the authorized body into lawful activities of the international and foreign organizations" are deliberately empty words, as soon as in that very part of the text the representative body is prescribed to be allotted with the "right of control over the conformity of activity of international and foreign organizations with the declared purposes, including the declared volumes of issued funds and exact aims of their usage". In order to convince in the "legitimacy" of activity it will be necessary to check everything from the starting point.

The ban of foreign NGO's activity in the closed administrative-territorial formations also is not removed. The President only caring about harmony of the legislation, advises to transfer this unadmittance from clause 8to clause 3.

If reading not the thoughts of the Head of the State (God save us!), but only "what is actually written", then it is impossible to see rejection of idea to rummage in financial and economic documents of other, i. e. Russian NGO's. The President honestly ascertains that according to the draft, "the authorized body which is making a decision on state registration of public associations may carry out the control over expenditures of means of public associations, and also make request from directing bodies of nongovernmental associations to provide their financial and economic documents". To exclude these short stories was not offered by the presidential conclusion. By no means! The author of the conclusion finds useful only to correct the text of the first reading, having specified, that "such control power of the specified body should be limited by check of conformity of public association's activity with the declared purposes". The foggy word "probably" is added to rigid word "should" here. And probably there can be only one thing: the President suggests to add that the authorized body should not simply supervise all current affairs and to request any documents so, but also to check the conformity of activity with the authorized purposes. Nothing indecent is deleted. The fig leaf is glued.

Yes, the authority refuses the idiotic plan to force the public associations, not being legal persons, to inform the State about their existence. It is the only positive moment of the presidential conclusion. Thanks. But instead of it (in exchange - as it is written in the analyzed text, with use of a word "thus") - instead of it something much more scaled and total-policed is constructed. "Legal persons (public associations and other noncommercial organizations) and the natural persons receiving financial help on a gratuitous basis from the international and foreign organizations, and also from foreign citizens, should notify the authorized body about it, in the way, defined by the Government of the Russian Federation".

Here it is. Declared. "Natural persons" After that they will ask us strictly - are you against "transparency?"

The 2nd Lukashenko frightens us: "It is necessary to provide the responsibility of the Russian legal and natural persons for evading from the notifying the authorized bodies, that they use financial means of the international and foreign organizations in their activity".

During the years of struggle against cosmopolitism my grandmother has refused to receive letters from her American sisters, having informed post office that there was a mistake, and she has no relatives in the USA.

But in fact the draft concerns the organizations? In which law the corresponding duties of natural persons will be registered? In law "About the noncommercial organizations"? And what body - not Rosregistration! - they (i.e. we) should inform about ourselves - FSB? Or we should do it through a house manager?

Lev Levinson