Undesirable Organizations in Russia – Legal Regulation

The status of an "undesirable organization" in Russia is assigned to foreign and international organizations whose activities, in the opinion of the authorities, threaten the foundations of the constitutional system, national defense, or state security. This mechanism was introduced in 2015 and has since undergone significant changes, particularly following the legislative reforms of 2024 aimed at strengthening control over foreign entities. The purpose of this article is to examine the current legal aspects, criteria for recognizing an organization as undesirable, and the consequences of this status.

Legal Framework

The primary regulatory act governing the activities of undesirable organizations is Federal Law No. 272-FZ "On Measures of Influence on Persons Involved in Violations of Fundamental Human Rights and Freedoms, the Rights and Freedoms of Citizens of the Russian Federation." In addition, corresponding amendments have been made to the Criminal Code of the Russian Federation, the Code of Administrative Offenses, and other regulatory acts. After August 2024, new amendments were adopted, significantly expanding the range of restrictions and increasing liability for cooperation with such organizations.

Criteria for Recognizing an Organization as Undesirable

Recognition of an organization as undesirable is a process regulated by Russian law and based on specific criteria established by the General Prosecutor’s Office of the Russian Federation in coordination with the Ministry of Justice. This status entails severe legal consequences, including a ban on activities and criminal liability for interacting with such an organization.

The decision to designate an organization as undesirable is made by the General Prosecutor’s Office of the Russian Federation in coordination with the Ministry of Justice. The main criteria include:

• Threats to Russia's national security and sovereignty;
• Interference in the country's political system;
• Funding of subversive activities within the state;
• Cooperation with organizations previously recognized as undesirable.

Following the amendments in August 2024, new criteria were added, including the organization's participation in information campaigns aimed at discrediting state institutions.

Consequences for Organizations Recognized as Undesirable

Recognition as an undesirable organization has far-reaching consequences, affecting both the organization itself and individuals and legal entities interacting with it. Legislative measures are aimed at completely excluding its activities in Russia and deterring potential supporters.

First and foremost, an organization loses the ability to legally operate in Russia:

• Its activities are prohibited throughout the country;
• Bank accounts and financial transactions are blocked;
• Its representatives are prohibited from conducting public activities, including via the internet or media.

Additionally, individuals and organizations cooperating with a designated undesirable organization face significant legal risks:

• Participation in the activities of such an organization is punishable by administrative or criminal liability;
• Funding or other material support entails substantial fines and potential criminal prosecution;
• Even indirect support, such as disseminating information, may lead to sanctions.

After August 2024, liability has become more severe: even a single instance of interaction with an undesirable organization may result in criminal punishment, and fines for cooperation have increased significantly. The new provisions also include enhanced oversight of individuals’ connections with such organizations and increased control over the dissemination of related information.

Liability for Involvement with an Undesirable Organization

Individuals interacting with undesirable organizations may face various types of liability, depending on the nature of their involvement. The primary regulatory acts governing this issue include Federal Law No. 272-FZ, the Criminal Code of the Russian Federation, and the Code of Administrative Offenses.

Administrative Liability

Under the Code of Administrative Offenses of the Russian Federation (KoAP RF), participation in the activities of an undesirable organization may result in administrative penalties:

• Fine from 5,000 to 15,000 rubles for a single instance of participation (Article 20.33 of the KoAP RF);
• Fine up to 50,000 rubles for financing an undesirable organization.

Criminal Liability

In cases of repeated violations or significant support of an undesirable organization, criminal liability under Article 284.1 of the Criminal Code of the Russian Federation applies:

• Fine up to 500,000 rubles or imprisonment up to 4 years for participation in the organization's activities;
• Imprisonment up to 6 years for organizing the activities of an undesirable organization in Russia;
• Imprisonment up to 8 years for financing, recruitment, or other facilitation of such organizations' activities.

Additional Sanctions

In addition to administrative and criminal liability, individuals interacting with undesirable organizations may face other restrictions, significantly impacting their rights and freedoms. These measures aim to prevent citizens from participating in activities of organizations deemed a threat to national security.

• Restrictions on engaging in public and political activities;
• Inclusion in a special registry of persons associated with undesirable organizations;
• Prohibition on participating in elections and employment in government agencies.

After August 2024, additional restrictions on information dissemination regarding undesirable organizations were introduced, making even reposting their materials on social media a potential basis for legal prosecution.

Implications and Future Outlook

The introduction and tightening of legislation regarding undesirable organizations have had a significant impact on the rule of law and civil liberties in Russia. On the one hand, authorities justify these measures as necessary to protect national security and sovereignty. On the other hand, such restrictions raise serious concerns regarding freedom of speech, freedom of information, and human rights.

The narrowing space for international and independent organizations may lead to a decline in transparency within political and social processes. The prohibition on interaction with such organizations and criminal liability for spreading their information may create a chilling effect, limiting citizens’ and journalists’ ability to critically discuss government decisions.

Additionally, including individuals in a registry of persons connected with undesirable organizations may result in discrimination and restrictions on their civil rights, including bans on participation in elections and government administration. Such measures have raised concerns among human rights organizations, which view them as a tool for suppressing civil society.

Thus, legislation on undesirable organizations reflects a balance between state interests and fundamental civil rights. However, its tightening and expansion in 2024 illustrate a trend towards limiting freedom of expression and public oversight, which may lead to a further contraction of civil society in Russia.

by Freedom Person

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