Creating Legislation for Non-Profit Organizations in the Realities of Modern Society

KEY CONCLUSIONS

Legislation needs to be brought up to date given the policy of sanctions and the ongoing special military operation

“Following a meeting with the Council for the Development of Civil Society and Human Rights that took place in December last year, Russian President Vladimir Putin gave a directive to improve legal regulation governing the activities of non-profit organizations. <...> Amendments need to be made to the framework law,” Alexander Zhuravsky, Deputy Head of the Office of the President of the Russian Federation for Public Projects.

“How many amendments have been made to the law on non-profits since 1996? It’s an old law,” Marina Ilyushina, Head of the Department of Civil and Business Law, All‑Russian State University of Justice.

“[Steps must be taken – ed.] to systematically amend the legislation. In many ways, it does not correspond to our reality. It is not consistent with the Civil Code, and needs to be updated. Ultimately, it needs to become modern, harmonious, and genuinely effective,” Elena Topoleva-Soldunova, Chairman, Commission for the Development of the Non-Profit Sector and Support of Socially Oriented NPOs, Public Chamber of the Russian Federation; Director, Agency of Social Information.

PROBLEMS

In the current reality, a balance needs to be struck between supporting non-profits and having a degree of control over charitable organizations

“In terms of non-profits being open and transparent, it should be said that charitable organizations are not always responsible <...> when it comes to distributing the income they receive from donations,” Svetlana Kuznetsova, Director of the Department for Non‑Commercial Organizations of the Ministry of Justice of the Russian Federation.

“In working to protect our national interests, I would like to say that a balance of sorts needs to be struck when it comes to non-profits. Whatever brand the non-commercial sector is registered under, <...> the most important thing is that it does not overstep any boundaries delineated by federal law, and does not attempt to engage in any discrediting political activity that could destabilize the situation in our country,” Oleg Sviridenko, Deputy Minister of Justice of the Russian Federation.

“Due to the requirements associated with certain forms of activity, not all non-profits qualify for a reduced rate [of insurance contributions – ed.],” Tatyana Ilyushnikova, Deputy Minister of Economic Development of the Russian Federation.

SOLUTIONS

The establishment of a unified reporting system for non-profit organizations

“At the forefront are issues to do with transparency. And transparency means reporting. We are currently discussing whether to cut back on reporting requirements and introduce a unified system. <...> The creation of universal registers and databases, and the digitalization of management and reporting processes (whether speaking about non-profits or public administration) have the effect of improving transparency, and improving our analysis,” Tatyana Ilyushnikova, Deputy Minister of Economic Development of the Russian Federation.

“Non-profit organizations must post information about themselves online. We are giving them the ability to do this, which I hope, in all likelihood, will begin by the end of this year. As of next year, perhaps, the website of the Ministry of Justice will offer all non‑profit organizations the chance to upload information via their personal accounts. This could include the latest edition of their articles of association, and their reports,” Svetlana Kuznetsova, Director of the Department for Non-Commercial Organizations of the Ministry of Justice of the Russian Federation.

Supporting non-profits in the context of today’s difficult geopolitical situation, including through legislation

“We have restored the level of support offered to non-profits to that of last year. We have also allocated additional funding for a range of important areas,” Olga Zanko, Deputy Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on the Development of Civil Society, and Issues of Public and Religious Associations.

“Some time ago, a mandatory pre-trial appeal procedure was announced for decisions taken by local government bodies. <...> Given the special nature of the work done by non-profit organizations, it is our hope that this simplified procedure will help optimize costs related to all kinds of court cases, and reduce the burden on the court system. I think that these efforts to reduce red tape will make a tangible difference to the non-profit sector,” Oleg Sviridenko, Deputy Minister of Justice of the Russian Federation.

Improving coordination between government bodies and establishing a working group to improve legislation relating to the non-profit sector

“We <...> do not work in isolation from each other, but in tandem with interested bodies. These include the Presidential Administration and the Ministry of Economic Development. We communicate with the Human Rights Council, the Civic Chamber, and the State Duma,” Svetlana Kuznetsova, Director of the Department for Non-Commercial Organizations of the Ministry of Justice of the Russian Federation.

“We suggest establishing a working group <...> which could collate all the proposals we have today, and use them to build a roadmap for amending current legislation,” Elena Topoleva-Soldunova, Chairman, Commission for the Development of the Non-Profit Sector and Support of Socially Oriented NPOs, Public Chamber of the Russian Federation; Director, Agency of Social Information.

“I suggest establishing this working group at the Ministry of Justice,” Oleg Sviridenko, Deputy Minister of Justice of the Russian Federation.

For more information, visit the Roscongress Foundation’s Information and Analytical System at roscongress.org/en

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