Current Issues in Criminal Prosecution for Financing Human Rights Organizations in Russia

Since the onset of Russia’s military operation in Ukraine on February 24, 2022, Russian authorities have significantly tightened control over domestic political and civil processes. This shift has included adopting numerous legislative measures aimed at suppressing criticism of the government and the actions of the Russian Armed Forces. During this period, the risks faced by individuals and organizations engaged in human rights activities—as well as those who provide them with financial support—have increased dramatically.

Tightening of Legislation

Russia has systematically expanded its legal mechanisms to target dissent and undesirable activities. Two primary legislative tools in this context are the laws on "undesirable organizations" and "foreign agents":

1. Law on "Undesirable Organizations" (2015) This law bans foreign or international organizations deemed "undesirable" from operating in Russia. Supporting these organizations, including through financial donations, can be classified as an administrative or criminal offense under Article 284.1 of the Russian Criminal Code. Penalties include hefty fines and imprisonment of up to six years.

2. Law on "Foreign Agents" (2012, with subsequent amendments). Initially targeting NGOs receiving foreign funding and engaging in political activity, this law has since expanded to include individuals, media outlets, and informal groups. Any engagement with "foreign agents"—such as funding, collaboration, or information dissemination—can draw scrutiny from law enforcement.

Introduction of Article 280.3 of the Russian Criminal Code

In March 2022, amidst increased censorship and state control, Article 280.3 was introduced, criminalizing repeated "public dissemination of knowingly false information" about the Russian Armed Forces. While not directly related to financial transactions, this law reflects a broader trend of criminalizing activities perceived as undermining state institutions. Support for human rights organizations investigating war crimes or criticizing the military could be construed as activities threatening national security.

Precedents in Criminal Prosecution for Financial Support

There are documented cases of individuals being prosecuted for financial transfers to organizations labeled "foreign agents" or "undesirable":

1. In 2020-2021, individuals were fined for transferring funds to "Open Russia," an organization designated as undesirable. These cases were prosecuted under Article 284.1 of the Russian Criminal Code, which criminalizes financial interactions with undesirable organizations.

2. In 2022, prosecutions intensified against those providing financial support to independent media and human rights defenders. Some cases involved charges under Article 275 of the Criminal Code ("Treason") if donations were construed as aiding foreign entities allegedly acting against Russian interests.

Article 275 of the Criminal Code ("State Treason")

In 2022, the interpretation of Article 275 broadened significantly. Under recent clarifications, "state treason" may include any actions aiding foreign states or organizations to the detriment of Russian security. Financial support for human rights groups, particularly those documenting military-related offenses, could be framed as assistance in an "information war" against Russia.

Potential Risks for Donors

In the current climate, transferring funds to human rights organizations could indeed result in criminal charges, particularly if:

• The organization is designated as a "foreign agent" or "undesirable."
• Its activities are interpreted as undermining national security.

Risks include:

• Criminal liability under Articles 275 (State Treason) and 284.1 of the Russian Criminal Code.
• Administrative fines and restrictions on certain activities.
• Criminal prosecution with potential imprisonment.

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