The head of the department of the Presidential Executive Office, Murat Ukushev, commented on the package of amendments to the Law «On Non-Profit Organizations» signed by the President of Kyrgyzstan Sadyr Japarov.
He explained why the document was approved. Should the state control financial flows that are entering the country through the non-profit sector?
According to Murat Ukushev, it should, and he explained why.
«In the last two years, there has been a heated discussion in Kyrgyzstan on a topic directly related to the protection of the legitimate interests of the Kyrgyz state — how much control the state can and should have over the activities of non-profit organizations funded by foreign states or with foreign participation,» he explained.
The point is that the Kyrgyz state, as it is supposed to do by its status, intends to control where the money comes from to these NGOs, for what purposes and how it is spent.
Murat Ukushev
The lawyer believes that NGOs initially met the amendments proposed by MP Nadira Narmatova with extreme hostility as they «fear real control by the state of how and for what purposes foreign taxpayers’ money is spent.»
«International organizations such as the European Union, UNDP, OSCE, USAID, the Embassies of the European Union and the United States and other donors of Kyrgyz NGOs and media, deputies and politicians of foreign countries have joined the criticism of the bills. Criticizing these actions of the state in defense of their legitimate interests, they constantly refer to the democratic standards supposedly in force in the reference democratic countries of the European Union and the United States. Meanwhile, the adopted document is based on the concepts of the relevant laws in force in these countries,» he reminded.
Murat Ukushev explained why Kyrgyzstan needs the Law «On Non-Profit Organizations» in the form in which it was signed by the President.
The document is aimed at ensuring openness and publicity of the activities of NGOs performing the functions of a foreign representative. These are NGOs involved in political activities, including in the interests of foreign sources.
Murat Ukushev
He explained what should be understood by political activity.
«This is activity in the spheres of state structure, protection of the foundations of the constitutional system of the country, protection of sovereignty and ensuring territorial integrity, legality, law and order, state and public security, defense, foreign policy, socio-economic and national development,» the representative of the Executive Office of the head of state said.
He outlined the forms of political activity:
- Participation in the organization and holding of public events in the form of meetings, rallies, demonstrations, marches or pickets or in various combinations of these forms, public debates, discussions, speeches;
- Participation in activities aimed at obtaining a certain result in elections, referendums, in monitoring elections, referendums, formation of election commissions, referendum commissions, and in the activities of political parties;
- Public appeals to state bodies, local government bodies, their officials, as well as other actions that influence the activities of these bodies, including the adoption, amendment or repeal of laws or other normative legal acts;
- Dissemination, including through the use of modern information technologies, of opinions on decisions and policies adopted by government bodies;
- Formation of socio-political views and beliefs, including by conducting public opinion polls and publishing their results or conducting other sociological research;
- Involvement of citizens, including minors, in such activities.
Political activity does not include:
- Areas of science, culture, art, health care;
- Protection of health of citizens, social support and protection of citizens;
- Social support for the disabled, protection of motherhood and childhood, and promotion of a healthy lifestyle;
- Physical culture and sports;
- Protection of flora and fauna;
- Charitable activities.
The Ministry of Justice will compile a register of NGOs with the status of foreign representatives.
Under the law, state bodies — the Ministry of Justice and the Tax Service — will be able to:
- Request administrative documents from NGOs;
- Request and receive information on financial and economic activities from state statistics bodies, tax authorities of state supervision and control, credit and other financial organizations;
- Send its representatives to participate in events organized by NGOs;
- To conduct inspections of compliance of NGO activities, including expenditures and use of other property, with the goals stipulated in its constituent documents.
As Murat Ukushev emphasizes, the adopted law does not prohibit the activities of non-profit organizations, including those performing the functions of a foreign representative.
There are no prohibitions on financing from foreign sources.
Murat Ukushev
