Restriction of Rights of Non-governmental Organizations in Russia as a Subject of Judicial Control

• Author: P. Vinogradova
• Position: Law Institute of the Peoples' Friendship University of Russia (Moscow, Russia)
• Pages: 103-116

BRICS LAW JOURNAL Volume III (2016) Issue 3

COMMENTS

RESTRICTIon oF RIGHTS

oF non-GoVERnMEnTaL oRGanIZaTIonS In RuSSIa

aS a SuBJECT oF JuDICIaL ConTRoL

POLINA VINOGRADOVA,

Law Institute of the Peoples’ Friendship University of Russia (Moscow, Russia)

DOI: 10.21684/2412-2343-2016-3-3-103-116

This article examines the issue of the regulation of the Russian state’s control over the

activities of non-governmental organizations and the limits to that control. Important

changes made in 2014–2016 in the regulation of the organization and activity of

judicial power show that the tasks of transformation of the judicial power structure,

establishment of eective control mechanisms and strengthening of the requirements on

substantiation of court judgments have become more topical. Addressing this issue and

taking it as the subject of study are motivated by the small number of works dealing with

this issue. The task of enhancing the eectiveness of the exercise of their powers by public

authorities necessitates consideration of special features of judicial control over disputes

related to restriction of rights. The adoption of the Administrative Procedure Code of

the Russian Federation and the statutory formalization of special features of judicial

control with respect to certain non-commercial organizations imply changes in judicial

practice related to challenging the decisions made by public authorities. In addition to

special procedural features such changes also facilitate the spread in law enforcement

practice of legal arrangements like the ‘proportionality test’ and determining the balance

between competing constitutional values and conditions of public order observance.

The analysis carried out by the author reveals tendencies of improvement in legislative

action and allows identication of future lines of improvement in judicial practice.

Keywords: judicial control; non-governmental organizations; non-state actors; non-prot

organizations; non-commercial organizations; unregistered organizations; undesirable

foreign organization.