Foreign agents in Russia: How a borrowed American legal institute acquired a different sense in Russian legislation and law enforcement practices

2021 ◽  
Vol 30 (4) ◽  
pp. 97-121
Author(s):  
Andrey Kondrashev
Keyword(s):  
Political Activity ◽  
Government Agencies ◽  
Constitutional Court ◽  
Foreign Agent ◽  
Non Profit ◽  
The Status ◽  
Non Profit Organizations ◽  
Financial Burdens ◽  
Definition Of ◽  
The Right

The article examines the institution of a “foreign agent” that appeared in Russian legislation in 2012. The author, analyzing American legislation, the position of the Venice Commission, the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (hereinafter — the OSCE/ODIHR), the decisions of the Constitutional Court of the Russian Federation, as well as the existing Russian judicial practice, comes to the conclusion that ’misappropriation’ status of a foreign agent by the Ministry of Justice of Russia for non-profit organizations (hereinafter — NPOs) occurs in the absence of clear legal definition of the term “political activity”, does not correlate with the identification of the real connection and activities of NPOs on the order or instruction of a foreign donor, and is actually applied in those cases when it comes to appeals to government agencies, criticism of government agencies or assessment of their decisions. All this indicates that the purpose of the restrictions imposed by the state was by no means a desire to ensure transparency and openness through access to information about foreign financing of non-profit organizations, but rather the purpose was to politically stigmatize and impose additional organizational and financial burdens on NPOs, which dare to criticize the authorities. The author advocates the complete abolition of this institution of a foreign agent, since the pre-existing Russian legislation already made it possible to exercise control over the financing and activities of NPOs. The expansion of the number of types of foreign agents, introduced since December 2019 (first in terms of recognition by media as foreign agents), led by December 2020 to the appearance in Russian legislation of individuals of foreign agents and foreign agents-unregistered public associations and even greater and disproportionate restrictions on the constitutional the right to association. Moreover, the status of a “foreign agent” (in relation to a candidate for an elective office and a candidate affiliated with an acting foreign agent) is supposed to be introduced into the electoral legislation with the obvious goal of political stigmatization of persons trying to exercise their passive electoral right.

scholarly journals Legal status of the agrarian exchange of Ukraine

2020 ◽  
pp. 37-40
Author(s):  
Anastasiia TEROSHKINA
Keyword(s):  
Legal Status ◽  
Operative Management ◽  
Point Of View ◽  
Government Agencies ◽  
Agricultural Producers ◽  
Legal Form ◽  
Non Profit ◽  
Legal Documents ◽  
Definition Of ◽  
The Right

In this paper presents and analyzes the concept of the Agrarian Exchange from the point of view of scientists of the economic and legal community, as well as the legislative definition of the corresponding concept. Particular attention is paid to the study of legal documents designed to regulate the activities of the Agrarian Exchange, to establish its legal status. The issues of organizational and legal form and legal status of the property of the Agrarian Exchange are also revealed. Due to some similarities between the Agrarian and Commodity Exchanges, an analysis of the comparison of these two entities is given. The analysis allowed finding fundamental differences concerning the subjects authorized to create the Agrarian Exchange. At the same time, the paper proposes the need to create a subject of the agricultural market in such an organizational and legal form as a non-profit company. First of all, it will be correlated with the legal status of the property owned by the Agrarian Exchange. The possibility of participation in the founding activities of the Agrarian Exchange of large agricultural producers is also considered. But only if the Agrarian Exchange operates in a certain organizational and legal form, which may allow such participation alongside government agencies. That is why, the right of operative management of property, which has the Agrarian Exchange, is decisive for the legislator in the possible choice of organizational and legal form of creation of this entity. That is why the paper is aimed at encouraging the need to adopt a new legislative act that will clearly provide the nuances of the creation, operation and termination of the Agrarian Exchange.

scholarly journals Non-Profit-Making Organizations Performing Functions of a Foreign Agent in the System of Non-Profit-Making Organizations: An Administrative Law Aspect

2020 ◽  
Vol 10 ◽  
pp. 62-66
Author(s):  
Anastasia A. Degtyareva ◽  
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Administrative Law ◽  
Foreign Agent ◽  
Non Profit ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Non Profit Organizations ◽  
Definition Of ◽  
Improvement Of Legislation

The article is devoted to determining the place of non-profit organizations that perform the functions of a foreign agent in the system of non-profit organizations. Relevance of article is determined by the tasks of improvement of legislation on NGOs, including the need to adjust the rules to balance the interests of national security of the Russian Federation and the rights and legitimate interests of non-profit organizations, which have additional responsibilities. In the current legislation, the definition of a non-profit organization performing the functions of a foreign agent is not sufficiently defined; the very use of the term “foreign agents” also controversial.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

scholarly journals Social Potential of Non-Profi t Organizations

2021 ◽  
pp. 80-100
Author(s):  
V. M. NOVIKOV
Keyword(s):  
Large Scale ◽  
The State ◽  
Charitable Organizations ◽  
Specific Content ◽  
Non Profit ◽  
Regional Administration ◽  
Wide Range ◽  
Non Profit Organizations ◽  
Definition Of ◽  
Charitable Activities

There is a steady trend in the wide range of literature on the study of institutions: the definition of theoretical judgments often does not coincide and is not combined with the definition of general connections and patterns, which leads to ignoring the principle of systematic analysis of socio-economic processes. Indirectly, this means the priority of the random (individual) over the whole and general. Meanwhile, the concept of an institution correlates with the specific content of a phenomenon or process and is supplemented by a generalized and systematic approach. The study of such an urgent problem of the market economy as institutional choice through non-profit organizations requires the extension of the analysis not only to governmental but also to non-governmental structures, which are an element of the whole. In this regard, the article provides a historical overview of the development of nonprofit organizations and charitable activities as a large-scale social phenomenon, which made it possible to draw attention to the possibility of using the experience of past years for the purposeful organization of non-state institutions of charity, including by improving social partnerships. Analysis of the current state of non-profit organizations in Ukraine, despite the growth in their number, shows a decrease in the volume of charitable activities. In recent years, the country has taken certain steps to improve charity. However, this is not enough. The institutional environment for philanthropy needs to be improved. The solution to this problem is possible with the active influence of the state on the management of non-commercial activities. Improving the tools of functioning, financing, as well as increasing attention to the development of statistics in this area of activity is considered relevant. In this regard, the purpose of the article is to identify pressing issues and ways to improve charitable organizations. The solution to this problem is possible with the active influence of the state on the management of non-profit activities. The development of the institutional framework of the nonprofit sector of the economy means the improvement of financial reporting, greater openness of charitable organizations, streamlining of their legal relations, liberalized taxation and strengthened control over the activities of non-profit organizations. The article pays special attention to the problem of accumulation and distribution of charitable funds. The potential of charitable organizations can be expanded by shifting the focus of their regulation away from predominantly corporate to regional administration, which increases the importance of the institution of partnership in the development of charity. The article uses historical and logical methods, which allowed to study the formation and development of non-profit organizations in the evolutionary aspect.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

22. Breach of Contract and Termination

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Vienna Convention ◽  
European Contract ◽  
Breach Of Contract ◽  
Anticipatory Breach ◽  
The Status ◽  
Anticipatory Breach Of Contract ◽  
Definition Of ◽  
The Right

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

Balancing Environmental Remediation, Environmental Justice, and Health Disparities: the Case of Lake Apopka, Florida

2019 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Anne Saville ◽  
Alison Adams
Keyword(s):  
Water Quality ◽  
Environmental Remediation ◽  
Large Scale ◽  
The United States ◽  
Government Agencies ◽  
Natural Environments ◽  
Conventional Agriculture ◽  
Non Profit ◽  
Lake Apopka ◽  
Non Profit Organizations

Agricultural production in the United States provides numerous economic contributions from the national scale to the local, providing farmworker and laborer jobs for hundreds of thousands of people [1]. Unfortunately, conventional agricultural operations are often associated with pesticides, herbicides, and fertilizers, which can cause environmental degradation and health problems. Large-scale conventional agriculture is often using pesticide, herbicide, and fertilizer intensive, and these chemicals may contaminate natural environments, harming wildlife, and degrading water quality. When contamination incidents occur, government agencies and non-profit organizations respond in various ways, including environmental remediation. These efforts can be successful in restoring water quality and improving biodiversity. But, what happens when clean-up efforts are able to improve the physical environment but do not address human health? We use the case of Lake Apopka, Florida, to analyze a case of agricultural contamination that resulted in damage to the environment and the health of the farmworkers who were exposed to these harmful chemicals. Our analysis explores how government agencies and non-profit organizations were successful in their conservation efforts, but failed to help the farmworkers and other people who were sick as a result of exposure to toxic chemicals. We conclude with recommendations for policy makers and environmentalists to better address and include marginalized or vulnerable communities in environmental remediation projects.

Marketing of Library and Information Products and Services

2015 ◽  
pp. 116-132
Author(s):  
Kavita Chaddha
Keyword(s):  
Emerging Economies ◽  
Marketing Mix ◽  
Library Science ◽  
Non Profit ◽  
Innovative Methods ◽  
Parent Institution ◽  
Information Products ◽  
Non Profit Organizations ◽  
Definition Of

The chapter starts with the definition of marketing and its role in non-profit organizations like Library and Information Centers (LICs). Barriers to marketing of Library and Information Products and Services (LIPS) are discussed along with Dr. Ranganathan's Five Laws of Library Science and their impact on marketing of LIPS. The basics of marketing mix are analyzed as to how the librarians can apply innovative methods using the extended marketing mix or the “Seven Ps” for marketing of LIPS, which in the end fulfills the ultimate goal of the parent institution. The chapter concludes with suggested measures for innovation by libraries in emerging economies.

BREACH OF THE OATH AS A BASIS FOR THE CONSTITUTIONAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Good Reason ◽  
Legal Responsibility ◽  
Court Case ◽  
Constitutional Court ◽  
Professional Activities ◽  
The Status ◽  
The Law ◽  
Main Basis ◽  
The Right

The article reveals the basic principles of bringing a judge to constitutional responsibility due to violation of the oath as the main basis for this type of responsibility. It has been established that legislative and regulatory support of the procedure and peculiarities of bringing judges to legal responsibility is regulated by the following documents, as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of 53 People's Deputies of Ukraine on the compliance of the Constitution of Ukraine (constitutionality) with certain provisions of the Law of Ukraine «On the High Council of Justice», the European Charter on the Law “On the Status of Judges”, Conclusion No. 3 of the Consultative Council of European Judges into account of the Committee of Ministers of the Council of Europe on and the rules governing the professional conduct of judges, in particular, issues of ethics, incompatible behavior and impartiality, the Law of Ukraine «On the Prevention of Corruption», the Code of Judicial Ethics. It was found that only the High Council of Justice has the right to dismiss a judge from office in accordance with the procedure and the decision to dismiss the judge from office. It has been proved that systematic neglect of duties, which is by no means compatible with the status of a judge, revealing a judge's inadequacy to his position, serves as a good reason for dismissing a judge from office. It has been determined that the constitutional responsibility of a judge should be understood as constitutional proceedings for conducting investigations and bringing a judge to justice due to his violation of the provisions of the Constitution of Ukraine and other laws. It has been establishedthat the dismissal of a judge from office as a result of his violation of the oath is one of the grounds for bringing the judge to constitutional and legal responsibility. It has been established that the main types of misconduct committed by judges in the context of breaking the oath are: 1) committing such acts (actions) that tarnish their titles and create doubts about the impartiality, objectivity and independence of their professional activities, in the long term affects the vision of honesty and the integrity of the judiciary; 2) their failure to comply with the restrictions and requirements specified in the Law of Ukraine «On the Prevention of Corruption»; 3) deliberately delaying the time limits for the consideration of a court case, determined by legislation; 4) violation of moral and ethical principles of behavior.

TAXATION OF THE NONPROFIT SECTOR: CHALLENGES AND INNOVATIONS OF 2015

2015 ◽  
Vol 4 (3) ◽  
pp. 72-84
Author(s):  
Дорошина ◽  
Olga Doroshina
Keyword(s):  
Financial Support ◽  
Nonprofit Sector ◽  
Tax Law ◽  
Non Profit ◽  
The Status ◽  
Non Profit Organizations ◽  
The Republic ◽  
Business Structures ◽  
The Moment

The variety of forms of NCOs and activities, the availability of different methods and sources of their financial support, changing legislation and other circumstances of the implementation of NGO activities are prerequisites that the taxation of non-profit organizations do not cease to be relevant. The paper describes some peculiarities of taxation of NGOs, business structures in the field of their charities. Based on current tax law changes 2015. Describes the problems NGOs and provides a brief overview of the status of this field at the moment in Russia and the Republic of Tatarstan.

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