Main Trends in the Development of Russian Law on Non-Profit Organizations

A Avtonomov,V Grib

doi:10.21684/2412-2343-2020-7-3-81-103

Abstract

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.

Highlights

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation
The regulation of non-profit organizations is based on the right of association enshrined in the Constitution of the Russian Federation (Art. 30): 1. Everyone has the right to association, including the right to create trade unions to protect their interests
Having studied Articles 13, 30 in conjunction with Articles 19, 28, 29, 31, and of the Constitution of the Russian Federation, Judge Yaroslavtsev concluded that, Non-profit organizations that receive funds from foreign sources have the right to participate in political activities under the same legal conditions, regardless of their attitude to decisions taken by public authorities and their policies

Summary

Federal Legislation

The terms “non-profit organization” (NPO) and “non-governmental organization” (NGO) are used as notions with a similar meaning, or “roughly synonymous,” which is in line with the commonly shared understanding of scholars and practitioners, while “public association” is one of the forms of non-governmental or not-for-profit organizations. Along with the right to association, some other constitutional human rights are important for the creation and active work of non-profit organizations, including the right of everyone, as established in part 1 of Article 34 of the Constitution of the Russian Federation, “to free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law.” In addition, according to part 2 of the same Article, “economic activities aimed at monopolization and unfair competition are not allowed.” Part 2 of Article 34 is directed, as follows from the text itself, to regulate, first of all, entrepreneurial activity and to protect competition in the course of its implementation. Part 1 of Article 36 raises to the constitutional level the consolidation of the right of private ownership of land: Citizens and their associations have the right to have land in private ownership.

Freedom of Association

Legislation of the Constituent Entities of the Russian Federation