Legal Framework:
Constitutional Provisions
Everybody has a right to assembly including the right to form trade unions to protect their interests. The NGOs are guaranteed freedom of activities and no one can be forced to become a member of an NGO (Art. 30 of Constitution of Russian Federation, 12 December, 1993).
Primary Legislation
Federal Law “On Non Governmental Organizations” (As of 19 May, 1995).
Federal Law “On Freedom of Conscience and Religious Unions” (As of 26 September 1997).
Federal Law “On Trade Unions, their Rights and Guarantees of their Activities” (As of 12 January 1996).
Federal Law “On Political Parties” (As of 11 July 2001).
Federal Law “On General Principles of Organizing of Communities of Indigenous and Minority Nationalities of North, Siberia and far East of Russian Federation” (As of 20 July 2000).
Federal Law “On Employers’ Unions” (As of 27 November 2002).
Federal Law “On State Support of Youth and Child Non Governmental Organizations” (As of 28 June 1995).
Federal Law “On Charitable Activities and charity Organizations” (As of 11 August 1995).
Federal Law “On Counteraction to Extremist Activities” (As of 25 July 2002).
Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” (As of 8 August 2001).
Secondary Legislation
Explanations of the Ministry of Justice of the Russian Federation concerning the Law “On Non Governmental Organizations” (As of 31 May 1995, hereinafter “On NGOs”).
Letter from the Ministry of Justice on Interpretation of the Law “On NGOs” (As of 19 January 1996).
Letter from the Ministry of Justice on interpretation of the Law “On freedom of Conscience and Religious Associations” (As of 24 December 1997).
Decree of the Government of the Russian Federation “On Order of Registration, Opening and Closing in Russian Federation Representations of Foreign Religious Organizations” (As of 2 February 1998).
Letter from Ministry of Justice “On Methodological Recommendations on Organization and Fulfillment of Control by the Relevant Bodies of Ministry of Justice Over the Correspondence of Activities of NGOs to their Goals According to their Charter” (As of 30 March 1998).
Order of the Ministry of Justice “On Setting up of Rules on Reviewing of Applications and Making a Decision on State Registration”(As of 25 March 2003).
Possible Restrictions and suspensions
The Constitutional provision foresees a limitation of the freedom of association during the state of emergency. Scope and duration of such a limitation should be provided (Art. 56 of the Constitution, 1993).
The Federal Constitutional Law “On State of Emergency” foresees the possibility of having the following limitations: in conditions of emergency situation if there is an attempt of violent change of constitutional order of the Russian Federation, usurpation of the power, armed revolt, mass disturbances, terrorist acts, inter-confessional and inter-regional conflicts followed up by violent actions, creating immediate threat to the life and security of citizens, normal functioning of state bodies and bodies of local self government, in these cases it is possible to suspend the activities of political parties and other public organizations, which block the elimination of the causes of declaring the emergency situation (Art. 12 of the Federal Constitutional law “On State of Emergency” as of 30 May 2001).
Posted: June 2006
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