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Governmental Commission Supports Stricter Penalties for Violating Foreign Agent Regulations

The Governmental Commission on Legislative Activity has endorsed a draft law that intensifies criminal liability for individuals who breach the regulations governing the activities of foreign agents. This decision, as reported on June 9, signifies a move towards stricter enforcement of existing legislation.

The proposed bill introduces harsher penalties for those found in violation of laws pertaining to foreign agents. Under the current framework, criminal prosecution is initiated only after two administrative penalties have been levied. The new regulations, however, stipulate that a single administrative penalty will suffice to trigger criminal proceedings.

These amendments specifically target Article 330.1 of the Criminal Code of the Russian Federation, which addresses the penalties for evading obligations related to inclusion in the registry of foreign agents, as well as violations of the established procedures for their activities. Igor Cherepanov, Deputy Head of the Association of Lawyers of Russia (AYUR), clarified that after a decision imposing a fine or other punishment takes effect, the violator enters a one-year period. Any subsequent violation during this period could result in a criminal case.

Cherepanov pointed out that a similar mechanism, where administrative punishment serves as a prerequisite for criminal prosecution, is already in place for other articles within the Criminal Code. He also noted that the government considered the Constitutional Court’s stance, which emphasizes that the mere imposition of an administrative penalty is insufficient grounds for a criminal charge. To address this, the bill proposes an alternative criterion: the presence of an unexpunged conviction for a similar act.

Prior to this, the State Duma passed three bills in the second and third readings, all aimed at reinforcing Russia’s sovereignty. One of these bills specifically tightens the legislation concerning foreign agents. Amendments to the federal law “On Control over the Activities of Persons under Foreign Influence” broaden the criteria for designating an individual as a foreign agent. This status can now be assigned to those who assist in implementing decisions made by international organizations in which Russia does not participate, or by foreign government bodies, if these decisions are deemed detrimental to the security of the Russian Federation.