The Attorney General of the Russian NGO

Statement by the Prosecutor General Yuri Chaika at a meeting of the Council of the Federation:

Dear Valentina!

Dear colleagues!

The prosecution authorities completed testing the implementation of legislation for-profit organizations. 

I would like to say, that all the supervisory activities carried out in a planned manner.

We set some goals:

— First, to monitor legislation on NGOs, to find out how the law enforced novels, whether its improvement;

— second, to obtain objective data on the number of NGOs funded from abroad, about their areas of activity and interest amounts received from foreign donors of funds;

— thirdly, to identify organizations that violate the provisions of the laws, including those on countering extremist activities, as well as NGOs to be included in the register of foreign agents;

— and finally, to assess the completeness and validity of the control over the activities of NGOs by the government.

All of these goals are achieved, the results announced, and I'm ready to announce the results. They convince the accuracy and timeliness of the decision to audit NGOs.

According to the Federal Financial Monitoring Service only for the period from November 2012 to April of this year, 2226 Russian NGOs have received from abroad 30.8 billion. Even net of NGOs established government structures, this financing is 24.2 billion rubles (1868 NDA).

Since the beginning of the test, no organization has been incorporated by the law (№ 121-FZ of 20.07.2012) the register of non-profit organizations acting as foreign agents, prosecutors studied the documentation about a thousand NGOs that make up less than half of all foreign-funded .

As a result, signs of political activity and confirmed documentation NGO foreign funding during the 2010-2013 years. in excess of 6 billion rubles. were detected in 215 non-profit organizations.

Prosecutors found 22 NGOs directly fall under the laws of foreign agents.

These organizations over a three year period, but according to their own reports, received from abroad more than 800 million rubles.

At the same time, engaging in political activities while participating in electoral processes, public events, preparation of bills, receiving foreign funds and detailed reporting to the sponsor of the expenditures, none of the 22 organizations did not consider himself a foreign agent and does not intend to voluntarily register in this capacity.

For example, object to the acquisition of the status of the Public association "Independent Council of Legal Expertise," which under the contract including for the period of the change of the law on NGOs from foreign sources (British Embassy, the National Endowment for Democracy — USA) received almost 5 million. With these funds, the organization realized the problem, including the analysis and evaluation of political processes in Russia, development and decision-making bodies of the executive, legislative and judicial power, making suggestions to the legislature, which is accompanied by statements to investors.

Does not plead foreign agent Foundation "Institute for Information Freedom Development" (St. Petersburg).

This NGO exists with funds from foreign sources, mainly the "National Endowment for Democracy" (USA), which implements the program the State Department publishes on the Internet the results of monitoring of public information on the activities of the authorities and the local government is preparing proposals for changes in the Russian legislation, complaints to the Constitutional Court of the Russian Federation and the European Court of Human Rights, pursuing its goal to provide maximum free access to information, including state secrets.

For the purpose of forcing the above-mentioned 22 NGOs to fulfill the legal requirements for inclusion in the register of representations made by prosecutors, as well as an administrative case.

However, the 193 organization, the three-year foreign funding of more than 5 billion rubles., Had features of foreign agents before the entry into force of the law. However, after November 21, 2012 they have suspended or political activities, taking a wait and see attitude, or continue to take it up, but it does not receive foreign funds.

All of them prosecutors announced warnings.

It should be noted that even those large amounts of money, which I have called, do not reflect the whole picture, because until last November received information to the NGOs from abroad monetary amounts are stated and only themselves.

At present, the situation is completely controlled by the Federal Financial Monitoring Service.

I must admit that in the course of inspections had difficulties with such NGOs to the number of foreign agents, primarily due to the lack of generally accepted notions of political activity, and the generated law, including jurisprudence. Therefore, we have attracted specialists and experts in the field, the staff of academic institutions and the legal control of the CEC, and its conclusions are based on a set of legislative provisions, taking into account the expert opinion.

It should be noted that the actual organizations performing functions of the foreign agent, is much greater. They used a variety of schemes to evade the acquisition of such status.

Revealed numerous instances of lack of organization on the stated address. Even with the potential operational services prosecutors failed to find and check 43 NGOs that, according to the Federal Financial Monitoring Service, received foreign funds. Their search continues.

Using the gaps in Russian law, such as NGOs such as the "Memorial" and "The Voice", in order to avoid becoming a foreign agent created a branched structure units, representing 64 separate legal entity. NGO "Agora" (Republic of Tatarstan) essentially created to support other organizations, including forwards them received foreign investment in political activities.

64 The above organizations as well, and many of them like that receive money through Russian intermediaries, can not be automatically attributed to foreign agents, as they themselves are directly funds from abroad do not receive, and the obligation of the donor organizations to inform them about the sources of financing of the law does not installed.

Another way to avoid becoming a foreign agent is onerous hiring managers and other employees of NGOs, which means that foreign funding is an individual, not an organization, actually getting involved in political activities.

Foreign agents are widely attracted to the work of so-called civil society activists. For example, inter-regional public fund "voice" for the period of the law transferred the funds to individuals under 39 contracts reward. There is no doubt that such persons fulfill all the tasks pursued by the said organization, in this case can not be recognized by foreign agents.

Detailed manner reporting to the foreign donors, many NGOs at the same time try to avoid any control over them by the state. Prosecutors faced active opposition checks on their part.

Due to the non-fulfillment of the legitimate demands of the prosecutor filed 9 cases of administrative offense under Art. 17.7 of the Administrative Code, 4 of which have already been considered by the courts.

For example, the prosecutor of Moscow taken all legal measures to check the activities of the All-Russian Public Movement "For Human Rights", the hea
d of which is the LA Ponomarev However, the last to appear on the prosecutor's call, submit the required documents and clarification on the substance of the matter have been ignored.

In light of recent media reports, according to which the test started, it is clear that he had something to hide. Office rented by one organization, but in fact there were three NGOs. Under the pretext of human rights activities were made commercial agreements with lawyers from foreign sponsors requested substantial funds to acquire ownership of real estate. However, the obtained documents that leave no doubt about the political activities of the LA Ponomarev and the movement he led. I should note that in the 12 years existence of the organization is the first test of its activities.

In general, avoidance of NGO leaders to provide documents or transfer them without translation into Russian language was of a common nature.

In this case, there is a clear inconsistency in the position of leadership of a number of nonprofit organizations. At term foreign agent they are offended, considering it offensive and documents in their native language can not be found.

Identified by prosecutors and other violations of federal law-profit organizations funded by foreign sources.

So, in violation of the Vienna Convention 1961 17 organizations engaged in political activity, directly funded by U.S. embassies, the United Kingdom, Belgium, Germany, the Netherlands and Switzerland, that assessment is the Russian Foreign interference in the internal affairs of our country and violates generally accepted norms of international law .

For example, the Fund "New Eurasia" in 2011-2012 at the expense of the British Embassy in four regions of Russia (Chechnya, Ingushetia, Kabardino-Balkaria and the Stavropol Territory), please listen, implemented a project for, including activities such as the provision of Britain's security against terrorism and the proliferation of weapons, and promoting its economic interests by increasing exports and investment.

And according to a report to the Ministry of Commonwealth Affairs of the United Kingdom all the tasks performed.

The audit revealed more than 20 violations of tax law in the NCBs (the Republic of Bashkortostan, Khakassia, Amur, Saratov, Smolensk, Moscow region), cases of theft and embezzlement of funds of foreign funders (Orenburg region).

The facts of the misuse of funds allocated to NGOs. For example, St. Petersburg charitable historical and educational rights organization "Memorial" in 2012 from foreign sources received from 400 thousand rubles for the implementation of the program "Caring for the elderly", by appointment only used 15%. The remaining funds are spent on salaries, rent and other premises occupied by the target.

In order to eliminate violations on the results of inspections made more than 300 acts of prosecutorial response.

I would like to draw your attention to the fact that in most cases the prosecutors to non-profit organizations took measures of a preventive nature only (declared caveats).

This fact refutes repeatedly published in the media speculation about a number of NGOs that we conducted meetings served to cease their activity, the suppression of civic engagement. This is not so. I would like from this rostrum to appeal to all who seek to present a situation-sided and biased. Repair any violations and operates within the framework of existing legislation.

The identified violations are largely attributable to the lack of adequate state control over the activities of NGOs.

Numerous non-profit organizations have not been tested for more than five years, and some of them — have never been created. The reporting of such organizations often have inadequate or do not represent.

However, the lack of control of NGOs contribute to gaps and unclear legislation.

Thus, for the majority of NGOs (except on the roster nonprofit organizations acting as a foreign agent), the general procedure of state control — inspections are carried out no more than once every 3 years.

For such a long time NGOs able to fulfill all assigned to it by foreign sponsors tasks, including affecting the interests of the Russian state, and by deciding to self-destruct to avoid checking their activities authorized bodies.

A striking example of the implementation of such a scheme can serve funded from abroad in 2010 with the mediation of escaping from the consequences of Khodorkovsky's lawyer Drelja NGOs (ANO Center for Legal and Economic Research), no doubt to be included in the register of foreign agents. However, due to its self-destruction, I stress, on the day of entry into force of the amendments of the law on NGOs, the competent authorities were unable to assess the legality of its activities.

Although in this case the state control would be more than appropriate. Representatives of the organization to incoming funds from abroad, the origin of which, by definition, raises many questions and is now the subject of investigation, were preparing legislation aimed at liberalizing punishment for economic crimes, lined with high-level communication lobbyists authorities have initiated a round table in the State Duma and other public events.

Events consistent with the official representative of the Ministry of Justice of the United States, accredited by the U.S. Embassy in Russia, some of which he was personally involved, and in a round table in the State Duma was involved with former U.S. Attorney General.

I want to be understood correctly. We are not against humane legislation. Conversely. And you make laws. But we thus advocate that similar processes are open and transparent. And if they involve a non-profit organization receiving funds from abroad, the state has the right to know who is funding it, and in whose interests he is preparing a bill.

And we wonder why, for realization of the idea of humanization is so necessary assistance by the U.S., which is known for economic crimes often condemned to 150 years or more.

There is another important point.

How to check showed that prosecutors establish certain facts involved in the activities of NGOs, in fact perform the functions of foreign agents, high-level government officials, representatives of political parties, as well as government agencies.

Thus, according to an extract from the Unified State Register of Legal Entities sole founder of the Foundation "Kostroma Civic Initiatives Support Center," and it is one of the identified NGOs acting as a foreign agent, is the head of the Domestic Policy Administration of Kostroma Region Erin M.

The Council under the President of the Russian Federation for Civil Society Institutions and Human Rights, today includes four representatives of nonprofit organizations acting as a foreign agent, and 3 NGOs to carry out these functions before the law.

The leaders of these NGO declare that they removed from the policy, do not want to register as foreign agents, but at the same time continue to be on the Council, through which tend to influence the authorities conduct an examination of draft legal acts are making their proposals to change the law.

Dear Senators!

The information that I told you today, confirms the earlier conclusion that I made on the validity and timeliness of inspections enforcement of laws-for-profit organizations. Opened a major part of violations of the law, adopted measures to eliminate them and prevent further. Which follows the conclusion of the checks clear. The law must be respected by all.

To remove all obstacles to this, and ensure that it is unconditional execution, I think it necessary to make a number of legislative proposals, namely:

— adjust the legal definition of NGOs engaged in political activities, in order to ult
imately objectively distinguish those organizations that solve political problems from all other and not equivocate relevant terms;

— oblige the NGOs that receive foreign funding to report on it in the direction of funds to other organizations, as well as indicate the sources and amounts of funds received in the accounts;

— provide for the possibility of annual inspections of NGOs with foreign funding;

— clearly defined procedure for the formation of the registry of foreign agents;

— a ban on the creation of and participation in the activities of NGOs and local government officials;

— give judicial authorities the right to receive information containing bank secrecy;

— provide for registration of unregistered public associations.

Said proposals to improve legislation we finally formulate soon and send them to the President of the Russian Federation Vladimir Putin.

I am convinced that the implementation of the legislative and institutional measures together will help to eliminate violations of the law in the NCBs.

Thank you.

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