Recognized unwanted organizations forbid create legal entities in Russia

Recognized unwanted organizations forbid create legal entities in Russia

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The Ministry of justice of the Russian Federation

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The government proposes to ban non-profit organizations, which are recognized in Russia is undesirable to create a legal entity, such a bill submitted to the Duma. The document does not allow to operate in Russia through subsidiaries

The government proposes to ban foreign and international organizations recognized in Russia is undesirable, to create “daughters” — legal entities and participate in them. Such a bill submitted to the Duma on Wednesday, October 12. The document was developed by the Ministry of justice, the government approved it at a meeting in late September

The bill eliminates a loophole for undesirable organizations, said the first Deputy Chairman of Committee on Affairs of public organizations Dmitry Vyatkin. “This is a significant amendment: it fills a gap in the legislation, which could take advantage of the undesirable organization with the ability to create subsidiaries,” — says the Deputy. At the request of the RBC to give an example of creating a junk organization “daughters” Vyatkin said that it was “premature”.

The amendments to the law “On measures of influence on persons involved in violations of fundamental rights and freedoms of the person, rights and freedoms of citizens of the Russian Federation”. This document was approved in December 2012 in response to the adopted before the U.S. “Magnitsky act”. The amendments introducing the concept of junk in the back, was taken last year.

According to this rule of law admits of undesirable foreign or international non-governmental organization that represents a threat to state security and the constitutional order. Authorities to ban the activities of these organizations in Russia. Maintain a list of such structures, the Ministry of justice, and the decision of the young people taken by the Prosecutor General’s office.

If foreign NGOs to work in Russia despite the ban, they will have to pay an administrative fine of up to 100 thousand rubles, or to incur criminal penalties (up to 500 thousand rubles of a penalty, to five years hard labor, up to eight years of imprisonment). Banks for cooperation with the undesirable organizations according to the law fined 50-100 thousand RUB About the facts of refusal of transactions with the undesirable organizations, banks and non-credit organizations should inform the Federal financial monitoring service and the Prosecutor General’s office. The penalty for collaborating with the banned organizations for officials is 20-25 thousand.

Now in the list of undesirable seven NCOs, most of them American. This is the national endowment for democracy, Institute “open society” — assistance Foundation, the Foundation “open society” (Soros Foundation), the American-Russian Fund on economic and law development, national democratic Institute for international Affairs, the Fund for investments in media development (Media Development Investment Fund (МDIF), the international Republican Institute.

Why prohibit undesirable organizations to establish a legal entity, in the explanatory Memorandum to the bill, which usually is motivated by his need, not States. Officials only explained that the current law prohibits undesirable organizations to create structural divisions and terminates the activities of previously created units, and the prohibition to establish a legal entity until it contains. The explanatory note also stated that the bill was prepared in response to the recommendations from the decision of the Federation Council “About the current issues related to the legal status and activity of noncommercial organizations in the Russian Federation”. The Ministry of justice at the time of writing not responded to a request to RBC.

Amendment of Ministry of justice formal, because the law already prohibits cooperate with unwelcome organizations, said the lawyer of the international human rights group “Agora” Ilnur Sharapov. “To register a legal entity can not have a Bank account, etc. But to conduct business, it is still necessary, but it organizations have already implemented a ban on it,” — said the lawyer.