Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)

Authors

Kondrashev, Andrey A.

Contact information

Kondrashev, Andrey A.: Siberian Federal University Krasnoyarsk, Russian Federation;

Keywords

The Constitution; constitutional rights; undesirable organizations; restrictions on rights and freedoms; uncertainty of the norm; unconstitutionality of the law

Abstract

The article examines the legal foundations of the institute of so-called “undesirable organizations”, which is absolutely new for Russian and foreign constitutional legislation. They mean international non-governmental organizations, as well as private foundations and the media, which, from the point of view of the Russian legislator, pose “a threat to the foundations of the constitutional system of the Russian Federation, the country’s defense capability or the security of the state.” At the same time, the Russian law does not formalize either the grounds or criteria for any illegality in recognizing an organization as undesirable, while at the same time introducing extremely severe consequences for participants and heads of such organizations in the form of administrative and criminal liability when continuing activities on the territory of the Russian Federation. In the article, the author analyzes how the history of the emergence of such a unique highly politicized legal institution in Russian law, and indicates the main legal disadvantages of such legal regulation: 1) the law does not meet the requirements of legal certainty, fairness, reasonableness and consistency of legal regulation; 2) the law discriminates and imposes unjustified restrictions on the exercise of constitutional rights of citizens without judicial recognition of the fact of an offense; 3) the law does not establish any clear legal procedure for recognizing an organization as undesirable; 4) the law introduces measures of public liability, in addition to criminal and administrative liability, without establishing the fact of an offense; 5) the law is politically motivated and applies almost exclusively to organizations that are controlled by opposition politicians located abroad or receive funding from foreign countries (scientific and research organizations). The author concludes that such an institution does not comply with the constitutional foundations of Russian statehood (Articles 1, 3, 14, 19 of the Constitution), is politically motivated and cancels a number of constitutional rights and freedoms (the right to freedom of speech, freedom of association, guarantees of judicial protection)

Pages

1192–1202

EDN

QWHNWC

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/152984

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).