Russia , 2021. The sign reads "Russia's finest people have become 'foreign agents'. It's a disgrace." Russia's human rights commissioner,
Vladimir Lukin, and several non-governmental groups filed an appeal with Russia's
constitutional court, arguing that the law violated constitutional provisions on freedom of association (Article 30) and that the definitions of
political activities and
foreign agents in its text were too vague. On 8 April 2014, the court decided that the law did not infringe on the constitutional right to association, and that the foreign agent designation was in the public interest. In February 2016, the Russian
PEN Center issued an open letter protesting amendments to the law which defined
political activity as activity aimed at influencing the government or public opinion. In 2015, the science and education supporting fund
Dynasty Foundation run by
Dmitry Zimin, founder of
Vympelcom, closed after being forced to label itself as a foreign agent. This decision of the Ministry of Justice has sparked a lot of criticism as Dynasty was not involved in politics and fully focused on national education in Russia. It also received no funds from foreign third parties, merely keeping part of their funds on foreign bank accounts. After mass protests of the academic community against this discrimination Zimin attempted appeals and when they remained unsuccessful, he decided to close the fund and left Russia. The
Committee Against Torture also declared the organization would be closed after it lost an appeal against the Ministry of Justice qualifying it as a foreign agent. Russia's
Presidential Council for Human Rights, citing the targeting of Dynasty Foundation and the Committee Against Torture, called upon the Plenum of the
Supreme Court to examine the practice of the courts in the application of the law. According to Human Rights Watch, by August 2016 at least 13 groups chose to shut down rather than wear the
foreign agent label. TI-R claims that the foreign agent law enacted by the Russian government is unconstitutional according to the Russian constitution based on its articles concerning freedom of speech and the right to participate in governance.
Catherine Ashton, the
High Representative of the Union for Foreign Affairs and Security Policy at the
European Union, expressed concern about the law and resulting raids, stating that "The inspections and searches launched against the Russian NGO community and conducted on vague legal grounds are worrisome since they seem to be aimed at further undermining civil society in the country." German Chancellor
Angela Merkel publicly rebuked President Putin while he visited
Hanover, shortly after Russian officials searched and confiscated documents and equipment from two German NGOs operating in Russia. German Foreign Minister
Guido Westerwelle declared the moves against the nonprofits unacceptable and warned through a spokesperson that they could "have a sustained effect on bilateral relations." The
OSCE Parliamentary Assembly in its "Helsinki Declaration" from July 2015 called upon Russia to "end its attempts to stigmatize and discredit civil society groups by labeling them foreign agents". The
Venice Commission of the
Council of Europe issued an opinion raising "several serious issues" with the formulation and implementation of the law according to Council of Europe standards. It called upon Russia to reformulate the vague criteria of
political activities, and to abandon the term
foreign agent, stating that "by bringing back the rhetoric used during the
communist period, this term stigmatizes the NCOs to which it is applied, tarnishing their reputation and seriously hampering their activities." On 6 July 2021, the new opinion of the Venice Commission on Russia's foreign agent law was published. According to the commission's conclusion, the recent amendments to Russia's foreign agent legislation take a clear direction towards expanding the scope of entities and individuals that qualify as foreign agents, as well as expanding the obligations and restrictions on them. The recent amendments also significantly raise sanctions (administrative and criminal) for non-compliance with these regulations. At the same time, they tend to use vague and overly broad terminology and fail to have a reasonable relation to the aims allegedly pursued. As a result, they constitute serious violations of basic human rights, including the freedoms of association and expression, the right to privacy, the right to participate in public affairs, as well as the prohibition of discrimination. The Venice Commission is particularly concerned by the combined effect of the most recent amendments on entities, individuals, the media and civil society more broadly. The Venice Commission warns against the significant chilling effect that the recent reforms are likely to have on the free exercise of the civil and political rights which are vital for an effective democracy. The combined effect of the recent reforms enables authorities to exercise significant control over the activities and existence of associations as well as over the participation of individuals in civic life. The commission recommends that the Russian authorities abandon the special regime of registration, reporting, and public disclosure requirements for associations, media outlets and individuals receiving foreign support, including the related administrative and criminal sanctions. Alternatively, the commission calls on the Russian authorities to thoroughly revise not only the most recent amendments but the entire body of its foreign agent legislation by significantly narrowing the legal definition of a foreign agent in order to serve the stated aim of transparency. Specifically, the notions of "political activities" and "foreign support" should be abandoned in favour of indicators that would reliably track objectionable forms of foreign interference. At a minimum, the stigmatizing and misleading
foreign agent label should be abandoned in favour of a more neutral and accurate designation. This new designation should not be used as a criterion for banning individuals from entering public service. Likewise, NCOs and media outlets so designated should not be prohibited from participating in campaign activities. Criminal sanctions, including especially compulsory labour and the deprivation of liberty, should not be applied to breaches of registration, reporting and public disclosure requirements for foreign agents, even under the narrow definition of that designation. Further, the penalty of liquidation of NCOs should be reserved for extreme cases of violations threatening democracy. The
United Nations special rapporteur on the situation of human rights in Russia
Mariana Katzarova criticized the new law, which entered into force on 1 December 2022, in her report of 15 September 2023. ==Cases before the European Court of Human Rights==