On the inadmissibility of the use of civil society institutions by international non-governmental organizations as a tool to undermine national security

Maksimov Aleksandr Alekseevich ORCID: 0000-0003-0853-1669 Lecturer; Northeastern Federal University named after M.K. Ammosov 58 Belinsky str., Yakutsk, Republic of Yakutia, 677000, Russia niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University Head of the Department; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor; Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The issues of ensuring national security in the Russian Federation have been extensively studied in the works of A. A. Borisova, ^{[6, pp. 78-91]} I. A. Gorbunov, ^{[7, pp. 54-57]} A. N. Kostenko, ^{[9, pp. 6-14]} A. V. Mankieva, ^{[10, pp. 188-194]} A. A. Mushta, ^{[11, pp. 69-74]} V. V. Romensky, ^{[15, pp. 340-343]} M. S. Savchenko, ^{[16, pp. 20-29]} as well as a number of other authors. In turn, the problems of public control over branches and representative offices of international organizations and the analysis of their interaction with each other are studied in detail in the works of E. V. Berdnikova, ^{[2, pp. 6-9]} V. V. Goncharov, ^{[3, pp. 94-99; 4, pp. 80-91]} S. Y. Poyarkov, ^{[5, pp. 76-79]} T. D. Zavyalova, ^{[8, pp. 111-121]} O. V. Nezhenets, ^{[12, pp. 230-235]} V. M. Palchenkova, ^{[13, pp. 51-56]} E. D. Kuleshova, ^{[14, pp. 86-89]} A. A. Markov, ^{[1, pp. 3454-3463]} as well as some other scientists. However, at present, a serious problem is the fact that international non-governmental organizations whose activities are devoted to the development of civil society institutions are increasingly using them as a tool to influence the internal and foreign policies of the public authorities of national States, undermining their national security. These circumstances determine our choice of the topic of this scientific research, the purpose of which is to identify and formalize the main problems that hinder the organization and implementation of optimal counteraction to the processes of international non-governmental organizations using civil society institutions as a tool to undermine national security, as well as the development and justification of a system of measures to resolve these problems. Achieving this goal of scientific work is possible by solving a number of scientific tasks, including the following: a) analysis of the current state of international non-governmental organizations interacting with civil society institutions in the Russian Federation; b) analysis of the main forms of this interaction; c) analysis and classification of the main threats to national security that may come from institutions civil society; d) identification, formalization and analysis of the main problems that hinder the organization and implementation of optimal counteraction to the processes of international non-governmental organizations using civil society institutions as a tool to undermine national security; e) development and justification of a system of measures aimed at solving the above-mentioned problems.

Methods and methodology of scientific research.

The following methods of scientific research were used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was made up of: international and national normative legal acts that establish the legal foundations of the organization and activities of both international non-governmental organizations and subjects of civil society (subjects of public control); materials of the scientific doctrine of civil society and public control, as well as international non-governmental organizations; materials of the practical activities of subjects of civil society (subjects of public control).

The main text.

The most important variety of subjects of international law are international non-governmental organizations, which number in the thousands in 2024.

What is the reason for such a large number of this category of subjects of international law?

First, most of the international non-governmental organizations are created with the direct participation of international governmental organizations, receiving a significant part of the funding centrally from them.

Secondly, a huge number of international non-governmental organizations are created with the participation (or directly) of multinational corporations, which lobby their interests through these organizations both internationally and at the level of national states (including through branches and representative offices of these organizations).

Thirdly, we believe that multinational corporations themselves can also be classified as international non-governmental organizations, since, on the one hand, they operate on the territory of two or more States, and on the other hand, they have various structures similar in functionality to most international non-governmental organizations.

Fourthly, the growth in the number of international non-governmental organizations in recent decades is due, among other things, to the fact that individual countries at the core of the global capitalist system have begun to actively use this construct to promote their interests both internationally and at the level of individual states (for example, by initiating "orange revolutions" around the world).

International non-governmental organizations can be classified on a number of grounds.

Depending on the target orientation of the organization and the activities of international non-governmental organizations, they can be classified into:

1) organizations of a narrow profile: a) legal organizations (in particular, Freedom House); b) religious organizations (for example, the World Council of Churches); c) sports organizations (in particular, the International Sports Press Association – L'Association internationale de la presse sportive, AIPS); d) organizations in the field of science and education (for example, the International Council for Science (ICSU);

2) broad-based organizations: a) international trade union organizations (in particular, the International Federation of Transport Workers (ITF); b) international foundations (for example, the Stichting INGKA Foundation); c) multinational corporations as a global type (in particular, BlackRock, Vanguard and State Street, controlling assets of more than tens of trillions of dollars) and on a regional scale (for example, The Coca-Cola Company, which has assets worth tens of billions of dollars in dozens of countries around the world).

Depending on the composition of the founders of an international non-governmental organization, they can be classified into: a) created by international governmental organizations (for example, the World Federation of United Nations Associations (UNFASU), which was established in 1946 to promote the goals and principles of the United Nations); b) created by other international non-governmental organizations (including multinational corporations), in particular, the previously mentioned "Freedom House").

In most cases, civil society actors in the State interact and cooperate with international non-governmental organizations in one way or another.

The main forms of such interaction include:

First, the creation by international non-governmental organizations (in those countries where national legislation allows it) of their branches and representative offices, which they try to position as subjects of civil society. In particular, in the Russian Federation, until the events on Manezhnaya Square, numerous branches and representative offices of international non-governmental organizations actively made efforts to organize an "orange revolution" in Russia, similar to those that they had already successfully implemented in Ukraine, Georgia and a number of other countries around the world.

Secondly, the financing of local civil society actors on an ongoing basis (in full or in part). In particular, in the Russian Federation, until recently, a significant part of public human rights organizations were partially funded in one way or another from various charitable, human rights, etc. funds at the international level. Naturally, such activities had nothing to do with human rights. In fact, through these organizations, public authorities in Russia were influenced, negatively affecting national security.

Thirdly, the ordering of certain services and works by international non-governmental organizations from civil society actors. The real purpose of such interaction may be, for example, to covertly finance their activities or to gather intelligence information.

Fourth, for greater secrecy, the activities of civil society actors are often not directly funded by international non-governmental organizations, but rather funded by individuals who are employees and officials of civil society actors, which is more difficult for law enforcement agencies to track.

Fifth, international government organizations carry out even more covertly financing the activities of these entities by financing training, internships, etc. events attended by the above-mentioned individuals both at home and abroad.

Sixth, the interaction of civil society actors and international non-governmental organizations can also be carried out through the participation of representatives of the above-mentioned entities in events paid for by these organizations.

The above-mentioned interaction of international non-governmental organizations with institutions (subjects) of civil society in some cases poses threats to the national security of the States in which these institutions (subjects) of civil society are located, since: a) during this interaction, ideas, meanings, spiritual and religious ideas are exported through institutions (subjects) of civil society. values, etc., thereby destroying, on the one hand, the national cultural and spiritual code of the population; and on the other hand, its ability to withstand both internal and external threats to national security; b) the internal and foreign policy of the apparatus of public power begins to experience pressure from civil society, but initiated not by the real needs of the population, but by artificially created from outside by international non-governmental organizations that manipulate power through institutions (subjects) of civil society; c) many subjects of civil society are artificially created in the country, the goals of which in practice are to seize and retain power, undermine national security, overthrow legitimately elected and formed public authorities; d) subjects of civil society are often They are even used in a traditional criminal plan (to involve individuals in espionage activities, recruit law enforcement officers of a given country by the special services of foreign countries, etc.).

At the same time, countering the use of civil society institutions by international non-governmental organizations as a tool to undermine national security is fraught with a number of problems, including::

Firstly, in our opinion, the Russian Federation has poorly developed a comprehensive mechanism to counter the use of civil society institutions as a tool to undermine national security (in terms of the use of subjects of public control in this mechanism). In particular, due to their large number, subjects of public control are quite capable of controlling the entire range of branches and representative offices of international non-governmental organizations, their activities, which are often hidden under specious masks of charity, human rights activities, etc. The solution to these problems is seen in the joint actions of the Public Chamber of the Russian Federation and relevant public authorities responsible for high the level of national security, to create the above-mentioned mechanism, as well as to determine the role and place of subjects of public control in it.

Secondly, a significant problem is, in particular, the fact that legislation on national security issues poorly reflects issues related to the activities of international non-governmental organizations, their branches and representative offices. The solution to the problem is seen in the detailed definition of criteria for classifying the activities of the above-mentioned subjects of international law as subject to control by both specialized public authorities in this area and public control. For example, these branches and representative offices should be required to report to both the aforementioned public authorities, the Public Chamber of the country, or specialized subjects of public control.

Thirdly, a significant problem is the fact that legislation does not provide for a specialized subject of public control in this area. We believe that it should be created under the Russian Security Council, designating it as the Public Council for Strengthening National Security under the Security Council of the Russian Federation.

Fourthly, an important problem is the fact that the control over the interaction of international non-governmental organizations with civil society actors is carried out using modern digital technologies, which makes it difficult for law enforcement agencies and subjects of public control to monitor such interaction. We see a solution to this problem in the development and adoption of a system of federal programs that will be aimed both at the development of these technologies in general and at their use, in particular, by subjects of public control.

Fifthly, a certain problem also lies in the fact that the Criminal Code of the Russian Federation lacks special criminal law structures for punishing persons engaged in the above-mentioned activities (for example, employees of Russian branches and representative offices of international non-governmental organizations, as well as officials and employees of civil society entities). The solution to the problem is seen in the instruction to the Government of the Russian Federation to develop a package of relevant amendments to the Criminal Code of the country.

Conclusion.

In the course of our scientific research, we have drawn a number of conclusions, the most important of which are, in particular:

1. Within the framework of the modern system of international law, international non-governmental organizations can be classified for a number of reasons: a) depending on their target orientation, they are highly specialized (for example, legal organizations; sports organizations; religious organizations; organizations in the field of science and education) and broad-based organizations (in particular, international trade union organizations; international foundations; transnational corporations); b) depending on the composition of their founders, they are divided into those created by international governmental organizations and those created by other international non-governmental organizations.

2. International non-governmental organizations interact with civil society institutions of national States in various forms, in particular when: a) international non-governmental organizations establish their branches and representative offices in individual national States that act as subjects of civil society; b) international non-governmental organizations finance in whole or in part the creation and activities of civil society actors in individual national States; c) international non-governmental organizations conclude contracts and agreements with civil society entities of individual national States, the subject of which is to provide the latter with certain types of services or to perform certain types of work; d) financing of international non-governmental organizations is received by individual employees or officials of civil society entities of individual national states on a competitive or on an arbitrary basis; e) employees and officials of civil society entities of individual national states receive training, internships, etc. at the expense of international non-governmental organizations on their territory or on the territory of third parties; f) representatives of civil society entities participate in events organized by international non-governmental organizations.

3. International non-governmental organizations, using civil society institutions of national states, can create the following threats to national security: a) impose culturally alien values and meanings on society (for example, the so-called "rights and freedoms of sexual minorities"); b) use civil society institutions as a tool to influence the apparatus of public power in the formation and the latter's implementation of various domestic and foreign policy measures, changing this policy in contradiction with the rights, freedoms and legitimate interests of the country's citizens; c) create or finance civil society entities whose real goals are aimed at seizing and retaining power, undermining national security, overthrowing legitimately elected and formed public authorities; d) to use civil society actors as a tool for recruiting individuals to engage in espionage for the benefit of both foreign States and international non-governmental organizations, foreign legal entities and individuals.

4. The main problems (using the example of the Russian Federation) related to countering the use of civil society institutions by international non-governmental organizations as a tool to undermine national security include: a) the lack of a comprehensive mechanism in Russia to counter the use of civil society institutions as a tool to undermine national security; b) the lack of criteria in legislation attribution of international governmental organizations and their branches (representative offices) to the above-mentioned category; c) weak control over them by public authorities; d) lack of specialized subjects of public control in this area; e) weak use of modern digital technologies in this area; f) lack of special criminal law structures for punishing persons who engaged in the above-mentioned activities.

5. The resolution of these problems will require the development and implementation of a system of measures, among which are the following: a) the behalf of the Public chamber of the Russian Federation together with the relevant Federal bodies of public authority (the security Council of the Russian Federation, Federal Security Service), the development of the Federal program dedicated to the creation of a comprehensive mechanism to counter the process of using the institutions of civil society as a tool to undermine national security; b) consolidation in the Russian legislation devoted to national security issues, the criteria for classification of activities of international non-governmental organizations to the category of posing threats to national security of the Russian Federation; C) the instruction of the Public chamber of the country together with the relevant Federal and public authorities of organizing and conducting scientific and practical research aimed at identifying the modern forms of interaction between international non-governmental organizations, institutions and civil society actors to identify among them those forms used above-mentioned organizations in order to undermine the national security of Russia; d) the creation of a specialized entity of public control in the field, for example, the Public Council on the strengthening of national security under the security Council of the Russian Federation; d) strengthening of the control of public authorities over activity in the Russian Federation, international non-governmental organizations (including their branches and representative offices) by superimposing the past on the obligation to provide a report on its activities to the relevant public authorities, but also of the Public chamber of the Russian Federation, as well as in specialized subjects of public control (if created); e) strengthening the material-technical base of the aforementioned entities of public control, for example through the development and adoption of federally programs devoted to the development of modern digital technologies in practical activities of subjects of public control; g) by incorporating the criminal code of the Russian Federation criminal law formulations criminalize usage activities of international non-governmental organizations, institutions and civil society actors as a tool for undermining national security in Russia.