An Individual as a Foreign Agent: The Legal Regulation

Abstract

Foreign interference in Russia’s internal political processes is almost always disguised as the constitutional right of citizens to ideological diversity, forming public opinion, provoking panic, as well as influencing the attitude of society towards governmental authorities. The influence of individuals who form public opinion on the basis of their recognition and pseudo-authority has significantly increased. A large-scale spread of social networks has caused a dramatic increase in the popularity of artists, musicians, public figures, whose statements can encourage society to make certain decisions. The study is conducted in order to identify signs of foreign influence, as well as criteria for classifying individuals as foreign agents. Based on a comparative analysis of the legislation on foreign agents in Russia and the United States, the authors establish the conditions for the need to restrict the constitutional rights of citizens in order to maintain a balance of private and public interests. In the preparation of the article, formal and logical methods were used, as a result of which the authors analyze socio-legal phenomena that allowed to identify the relationship between increased foreign influence and consolidation of domestic legislation on foreign agents as a response. The authors come to the conclusion that in order for an individual to be acknowledged as a foreign agent under Russian law, three elements are needed: the presence of foreign influence, the participation of an individual in political activity and direct or indirect influence on state bodies or state policy. At the same time, the main problem of law enforcement is the distinction between real foreign agents and unpatriotic citizens who actively oppose the policy of the state, which can be used «blindly». In this regard, a wide application of the provisions of the Law on Foreign Agents is justified, and the assignment of the status of a foreign agent is subject to individualization.