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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of April 8, 2014 No. 10-P

On the case of check of constitutionality of provisions of Item 6 of Article 2 and Item 7 of article 32 of the Federal law "About Non-profit Organizations", part six of article 29 of the Federal law "About Public Associations" and part 1 of article 19.34 of the Russian Federation Code of Administrative Offences in connection with claims of the Commissioner for Human Rights in the Russian Federation, "Kostroma Center of Support of Public Initiatives" fund, citizens L. G. Kuzmina, S. M. Smirensky and V. P. Yukechev

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of the Commissioner for Human Rights in the Russian Federation - Candidate of Law Sciences V. K. Mikhaylov, the representative of "Kostroma Center of Support of Public Initiatives" fund and the citizen L. G. Kuzmina - the lawyer Yu. A. Kostanov, the representative citizen L. G. Kuzmina - Candidate of Law Sciences P. V. Chikov, the representative of "Kostroma Center of Support of Public Initiatives" fund and citizens S. M. Smirensky and V. P. Yukechev - the lawyer R. H. Akhmetgaliyev, the representative of "Kostroma Center of Support of Public Initiatives" fund and the citizen V. P. Yukechev - the doctor of jurisprudence I. G. Shablinsky, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of Item 6 of Article 2 and Item 7 of article 32 of the Federal law "About Non-profit Organizations", part six of article 29 of the Federal law "About Public Associations" and part 1 of the article 19.34 Administrative Code of the Russian Federation in open session.

Reason for consideration of the case were claims of the Commissioner for Human Rights in the Russian Federation, "Kostroma Center of Support of Public Initiatives" fund, citizens L. G. Kuzmina, S. M. Smirensky and V. P. Yukechev. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As all claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

Having heard the message of the judge-speaker S. D. Knyazev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - T. V. Vagina, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. No. 121-FZ "About modification of separate legal acts of the Russian Federation regarding regulation of activities of the non-profit organizations performing functions of the foreign agent" in the Federal Laws of January 12, 1996 No. 7-FZ "About non-profit organizations" and of May 19, 1995 No. 82-FZ "About public associations" was brought by articles 1 and 2 of the Federal Law of July 20, 2012 number of changes and amendments.

In particular, article 2 of the Federal law "About Non-profit Organizations" was added with Item 6, according to which the non-profit organization performing functions of the foreign agent in this Federal Law is understood as the Russian non-profit organization which receives money and other property from foreign states, their state bodies, the international and foreign organizations, foreign citizens, stateless persons or persons authorized by them and (or) from the Russian legal entities receiving money and other property from the specified sources (except for open joint stock companies with the state participation and their subsidiaries) (further - foreign sources) and which participates, including for the benefit of foreign sources, in the political activities performed in the territory of the Russian Federation (paragraph one); the non-profit organization, except for political party, is recognized participating in the political activities performed in the territory of the Russian Federation if irrespective of the purposes and tasks specified in its constituent documents she participates (including by financing) in the organization and holding political actions for the purpose of impact on acceptance by state bodies of the decisions directed to change of the state policy pursued by them and also in forming of public opinion for present purposes (paragraph two); activities in the field of science, cultures, arts, health cares, prevention and protection of public health, social support and protection of citizens, protection of motherhood and the childhood, social support of disabled people, promotion of healthy lifestyle, physical culture and sport, protection of plant and animal life, charity, and also activities in the field of assistance of charity and volunteering do not belong to political activities (the paragraph third).

Item 7 of article 32 of the same Federal Law was added with the paragraph the second according to which the non-profit organization intending to perform after state registration the activities as the non-profit organization performing functions of the foreign agent shall submit prior to implementation of such activities to authorized body the application for inclusion it in stipulated in Item the 10th article 13.1 of this Federal Law the register of the non-profit organizations performing functions of the foreign agent.

Article 29 of the Federal law "About Public Associations" was added with part six according to which the public association intending to receive after state registration money and other property from foreign sources which are specified in Item 6 of article 2 of the Federal law "About Non-profit Organizations" and to participate in the political activities performed in the territory of the Russian Federation shall give prior to participation in the specified political activities to the body which made the decision on state registration of this public association, the statement for its inclusion in stipulated in Item the 10th article 13.1 of the Federal law "About Non-profit Organizations" the register of the non-profit organizations performing functions of the foreign agent; such public association quarterly represents to federal body of state registration of the data, parts one of this Article provided by the paragraph the eighth.

The Federal Law of November 12, 2012 No. 192-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences" Chapter 19 the Administrative Code of the Russian Federation was added with Article 19. 34, part 1 of which provides that implementation of activities by the non-profit organization performing functions of the foreign agent who is not included in the register of the non-profit organizations performing functions of the foreign agent attracts imposing of administrative penalty on officials at the rate from hundred thousand to three hundred thousand rubles, on legal entities - from three hundred thousand to five hundred thousand rubles.

1.1. Constitutionality of Item 6 of Article 2, of Item 7 of article 32 of the Federal law "About Non-profit Organizations" and part 1 of the article 19.34 Administrative Code of the Russian Federation is disputed by the Commissioner for Human Rights in the Russian Federation who appealed to the Constitutional Court of the Russian Federation according to the procedure of Article 125 (part 4) Constitutions of the Russian Federation and the subitem 5 of Item 1 of article 29 of the Federal constitutional Law of February 26, 1997 No. 1-FKZ "About the Commissioner for Human Rights in the Russian Federation" with the claim to violation of constitutional rights and freedoms of autonomous nonprofit organization of culture "LGBT film festival Side by side", citizens A. P. Zamaryanov, N. V. Kalinina and L. V. Shibanova.

Based on the data of public prosecutor's check testimonial of the fact that on the settlement account of autonomous nonprofit organization of culture "LGBT film festival Side by side" in 2011 - 2013 money from foreign sources regularly arrived and that this non-profit organization placed on the electronic resource and in the printed materials published by it the propaganda information directed to forming of public opinion for the purpose of impact on adoption of relevant decisions by state bodies i.e. performed political activities, however with the statement for the inclusion in the register of the non-profit organizations performing functions of the foreign agent did not address to authorized body, the magistrate judge of judicial site No. 206 of the city of St. Petersburg the resolution of June 6, 2013 found her guilty of making of the administrative offenses provided by parts 1 and 2 of the article 19.34 Administrative Code of the Russian Federation. The Kuibyshev district court of St. Petersburg, believing that in acts of the specified non-profit organization there were no circumstances aggravating the administrative responsibility, considered the administrative penalty imposed by it in the form of administrative penalty in the amount of five hundred thousand rubles excessively severe and the decision of July 26, 2013 reduced the size of administrative penalty to four hundred thousand rubles; in other part the resolution of the magistrate judge is left without change.

The head of "Kostroma Center of Support of Public Initiatives" fund A. P. Zamaryanov was found by the resolution of the magistrate judge of judicial site No. 1 of the city of Kostroma of May 29, 2013 left without change by the decision of the Sverdlovsk district court of the city of Kostroma of August 12, 2013 guilty of making of the administrative offense provided by part 1 of the article 19.34 Administrative Code of the Russian Federation and to it administrative penalty in the form of administrative penalty in the amount of hundred thousand rubles is imposed. Materials of the public prosecutor's check which determined that the fund which during 2011 - 2013 (including after entry into force of the Federal Laws of July 20, 2012 No. 121-FZ and of November 12, 2012 No. 192-FZ) regularly received financing from foreign sources in pursuance of the authorized tasks organized formed the basis for administrative prosecution and held number of events, in particular in February, 2013 - meeting of "round table" on subject "Reset reset: where the Russian-American relations move?", having posted online about it information "Internet", and in March, 2013 - the observation on elections expressed that the chairman of the board of fund N. V. Sorokin addressed observers and candidates of legislative authority; at the same time prior to the specified actions A. P. Zamaryanov as the head of fund with the statement for its inclusion in the register of the non-profit organizations performing functions of the foreign agent did not address to authorized body.

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