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Law on the Freedom of Conscience and Religious Associations, No. 125-FZ
Document Information
Country: Russian Federation
Region: Europe
Document Type: Law
Document History:
Amended by Law No. 45-FZ of March 26, 2000 and by Federal Law No. 112-FZ of July 25, 2002. This law is used to register religious organizations in Russia (information current as of 2002).
Dates:
Adopted: 1997-00-00
Amended: 2002-00-00
Effective: 1997-00-00

Citation Information
Law on the Freedom of Conscience and Religious Associations, Law No. 125-FZ Originally published in Russian. English translation published by Garants. (Rossiyskaya Gazeta 1997-10-01)

FEDERAL LAW

LAW ON THE FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS[1]

 

THE FEDERAL ASSEMBLY

OF THE RUSSIAN FEDERATION

 

            The Federal Assembly of the Russian Federation,

    reaffirming the right of every person to the freedom of conscience and faith as well as                 the quality before the law regardless of their attitude towards religion and                          convictions,

    proceeding from the fact that the Russian Federation is a secular state,

    recognizing a special role of the Orthodox Church in the history of Russia, the                            formation and development of its spirituality and culture,

    having respect for Christianity, Islam, Buddhism, Judaism and other religions                              constituting an integral part of the historical heritage of the peoples of Russia,

    believing it important to promote mutual understanding, tolerance and respect in                                     matters of the freedom of conscience and faith, therefore, adopts this Federal                     Law.

 

 

Chapter I. General Provisions

 

Article 1. Subject of Regulation of This Federal Law

 

This Federal Law regulates legal relationships in the field of human rights and the rights of every citizen to the freedom of conscience and faith as well as the legal status of religious associations.

 

Article 2. Laws on the Freedom of Conscience, Faith and Religious Associations

 

            (1)        The laws on the freedom of conscience, faith and religious associations consist of the corresponding rules of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation to be adopted in accordance therewith as well as normative legal acts of the subjects of the Russian Federation.

 

(2)        The rights of man and citizen to the freedom of conscience and faith shall be regulated by the Federal Law. The laws and other regulatory legal acts to be adopted in the Russian Federation, involving the exercise of rights to the freedom of conscience and faith as well as the activities of religious associations shall be in accordance with this Federal Law. In the event of discrepancy between this Federal Law and the regulatory legal acts of the subjects of the Russian Federation on matters of protection of the rights to the freedom of conscience and faith and the activities of religious associations, this Federal Law shall prevail.

 

(3)        Nothing contained in the legislation on the freedom of conscience and faith and religious associations shall be interpreted in the sense of impairment or infringement upon the rights of man and citizen to the freedom of conscience and faith guaranteed by the Constitution of the Russian Federation or ensuing from international agreements of the Russian Federation.

 

Article 3. The Right to the Freedom of Conscience and Faith

 

(1)        The Russian Federation guarantees the freedom of conscience and faith, including the right to profess individually or jointly with others any religion or to profess no religion whatsoever, to freely choose and alter, have and disseminate religious and other convictions and practice these in real life.

 

Foreign citizens and persons without citizenship that legally stay in the territory of the Russian Federation shall enjoy the right to the freedom of conscience and faith equally with the citizens of the Russian Federation and shall bear responsibility established under Federal Laws for the violation of the legislation on the freedom of conscience, faith and religious associations.

 

(2)        The right of man and citizen to the freedom of conscience and faith may be restricted under the Federal Law only in so far as it is required for purposes of protection of the basics of the constitutional regime, morals, health, rights and legitimate interests of man and citizen, insurance of the defenses of the country and the security of the state.

 

(3)        The establishment of privileges, restrictions or any other forms of discrimination depending on one’s attitude to religion shall not be allowed.

 

(4)        The citizens of the Russian Federation shall be equal before the law in all the fields of civil, political, economic, social and cultural life irrespective of their attitude to religion and religious affiliation. The citizen of the Russian Federation shall, in the event that the military service runs counter to his convictions or religion, have the right of substitution thereof with an alternative civil service. At the request of religious organizations and by decision of the President of the Russian Federation, the clergymen may in accordance with the legislation of the Russian Federation on Military Duty and Military Service During Peace-time be granted a deferment from the conscription and the exemption from periodic military training.

 

(5)        No person shall be obliged to declare his or her attitude to religion and may not be subject to compulsion in determining his or her attitude to religion, nor shall he or she be forced to profess or refuse to profess religion, to participate or not participate in services of worship, other religious rights and ceremonies, the activities of religious associations and teaching religion. It shall be prohibited to draw minors into religious associations as well as to teach religion to minors against their will and without the consent of their parents or persons acting as parents.

 

(6)        The prevention of exercise of rights to the freedom of conscience and faith, including that associated with violence against person, the intentional hurting of feelings of citizens in connection with their attitude to religion, the propaganda of religious supremacy, the destruction of or damage to the property or a threat of commission of such actions shall be prohibited and prosecuted in accordance with the Federal Law. Conducting public events, putting up texts and images that may hurt the religious feelings of citizens close to projects of religious worship shall be prohibited.

 

(7)        The secrecy of confession is guaranteed under the law. No clergymen may be brought to responsibility for refusal to testify about the circumstances that have become known to him from the confession.

 

Article 4. The State and Religious Associations

 

(1)        The Russian Federation is a secular state. No religion may be proclaimed as a governmental and compulsory religion. Religious associations are separated from the state and are equal before the law.

 

(2)        In keeping with the constitutional principle of separation of religious associations from the state, the state:

    shall not interfere with determination by the citizen of his or her attitude to religion                       and religious affiliation, the upbringing of children by parents or persons                                 acting as parents in keeping with their convictions and with regard for the                                rights of the child to the freedom of conscience and faith;

    shall not impose on religious associations the performance of functions of the bodies                   of state power, other public bodies, governmental agencies and bodies of local              administration;

    shall not interfere with the activity of religious associations, unless it conflicts with                        this Federal Law;

    shall ensure the secular nature of education at governmental and municipal                                  educational establishments.

 

(3)        The state shall effect regulation in granting to religious organizations tax and other exemptions, extend financial, material and other assistance to religious organizations in the restoration, maintenance and protection of buildings and projects being monuments of history and culture as well as in arranging the teaching of general educational subjects at educational establishments set up by religious organizations as is envisaged under the laws of the Russian Federation on education.

 

(4)        The activities of bodies of state power and local administration shall not be accompanied by public religious rites and ceremonies. The officials of state authorities, other public bodies and bodies of local administration as well as servicemen shall have no right to use their official position to cultivate any particular attitude to religion.

 

(5)        In conformity with the constitutional principle of separation of religious associations from the state, the religious association:

    shall be set up and pursue its activities in accordance with its own hierarchic and                                    institutional structure, elect, appoint and replace its personnel as per its own                         regulations;

    shall not perform the functions of state authorities, other public bodies, governmental                  agencies and bodies of local administration;

    shall not participate in the elections to the bodies of state power and local                                              administration;

    shall not participate in the activities of political parties and political movements, nor                     shall provide them with material or any other assistance.

 

(6)        The separation of religious associations from the state shall not entail the restriction of the rights of members of the said associations to participate equally with other citizens in managing the affairs of the state, the elections to state authorities and bodies of local administration, the activities of political parties, political movements and other public associations.

 

(7)        At the request of religious organizations relevant bodies of state power in the Russian Federation shall have the right to proclaim religious holidays as non-working days (holidays) in respective territories.

 

Article 5. Religious Education

 

(1)        Each man shall have the right to receive religious education at his option individually or jointly with others.

 

(2)        The upbringing and education of children shall be the responsibility of parents or other persons acting as parents, with regard for the right of the child to the freedom of conscience and faith.

 

(3)        Religious organizations shall be entitled acting in accordance with their charters and subject to the laws of the Russian Federation to set up educational establishments.

 

(4)        At the request of parents or other persons acting as parents, with the consent of the children going to state and municipal educational establishments, the administration of the said establishments shall by agreement with the corresponding body of local administration provide a religious organization with the possibility of teaching religion to children outside the framework of educational curriculum.

 

 

Chapter II. Religious Associations

 

Article 6. Religious Associations

 

(1)        Religious association in the Russian Federation shall mean any voluntary association of citizens of the Russian Federation, other persons residing permanently and legally in the territory of the Russian Federation, set up for purposes of joint profession and dissemination of faith characterized by features answering the said purpose, viz.:

·            religious denomination;

·            performance of services of worship, other religious rites and ceremonies;

·            teaching religion and religious education of its followers.

 

(2)        Religious associations may be set up in the form of religious groups and religious organizations.

 

(3)        It shall be prohibited to set up religious associations within the bodies of state power, other public bodies, governmental agencies and bodies of local administration, military units, governmental and municipal organizations.

 

(4)        The formation and activities of religious associations whose objectives and actions are at variance with the law shall be prohibited.

 

Article 7. Religious Groups

 

(1)        Religious group under this Federal Law shall mean any voluntary association of citizens set up with the objective of joint profession and dissemination of faith, carrying on its activities without registration with the state authorities and without the acquisition of capacity of a legal entity. The premises and property required for the activities of the religious group shall be provided for use by such a group by its members.

 

(2)        The citizens that have formed a religious group with the intention to further transform it into a religious organization shall inform the bodies of local administration of its formation and the start of its activities.

 

(3)        Religious groups shall have the right to perform divine services, other religious rites and ceremonies as well as to carry on teaching of religion and religious education of its followers.

 

Article 8. Religious Organizations

 

(1)        Religious organization shall mean a voluntary association of citizens of the Russian Federation, other persons, residing permanently and legally in the territory of the Russian Federation, set up for purposes of joint profession and dissemination of faith that has been duly registered as a legal entity.

 

(2)        Religious organizations shall, depending on the territorial spheres of their activities, be divided into local and centralized.

 

(3)        Local religious organization shall mean a religious organization consisting of no less than ten persons not younger than 18 years old that permanently reside in the same locality or the same town or village settlement.

 

(4)        Centralized religious organization shall mean a religious organization consisting as per its charter of no less than 3 local religious organizations.

 

(5)        The centralized religious organizations whose structures have operated in the territory of the Russian Federation on legal grounds for no less than 15 years shall at the time of filing by the said religious organization of an application to the body of registration, requesting government registration, be entitled to use in its names such words as “Russia,” “Russian,” and their derivatives.

 

(6)        The religious organization shall also mean an agency or an organization set up by the centralized religious organization in accordance with its charter that pursue the objective and possesses the features specified under Item 1 of Article 6 hereof, including a governing or coordinating body or agency as well as the establishment of a professional religious formation.

 

(7)        The bodies of state power shall while examining issues involving the activities of religious organizations in the society take into consideration the territorial scope of operation of a religious organization and provide relevant religious organizations with the possibility to participate in dealing with the said issues.

 

(8)        The name of a religious organization shall contain an indication to its religion. The religious organization shall be obliged to state its name in full in the exercise of its activities.

 

(9)        A religious organization shall on an annual basis inform the body of its registration of the continuation of its activities by indicating the data to be included in the unified state register of legal entities.

 

The said data on local religious organizations may be submitted to the body of registration by a relevant centralized religious organization.

 

The failure to submit the said data within 3 years shall constitute the grounds for the body of registration to file a claim to the court of law requesting the declaration of the religious organization as having ceased its activities.

 

Article 9. Setting up Religious Organizations

 

(1)        The founders of a local religious organization may comprise no less than 10 citizens of the Russian Federation associated as a religious group, having a confirmation of its existence in the given territory for no less than 15 years, issued by the bodies of local administration or a confirmation of its membership in the centralized religious organization of the same worship, issued by the said organization.

 

(2)        The centralized religious organizations shall be set up upon the availability of no less than 3 local religious organizations of the same religion in accordance with the regulations of the said religious organizations, unless such regulations are at variance with the law.

 

Article 10. The Charter of a Religious Organization[2]

 

(1)        A religious organization shall act on the basis of its charter to be approved by its founders or the centralized religious organization which shall meet the requirements of the civil legislation of the Russian Federation.

 

(2)        The charter of a religious organization shall state:

    the name, location, type of religious organization, faith denomination and in                                 case of its membership in the existent centralized religious organization, its              name;

    objectives, tasks and basic forms of activity;

    procedure for establishment and cessation of activity;

    structure of organization, its bodies of management, procedure for formation and                                    competence thereof;

    sources of formation of monetary resources and other property of organization;

    procedure for introduction of changes and amendments into the charter;

    procedure for disposal of the property in case of cessation of activities;

    other data related to the peculiarities of activity of the given religious organization.

 

Article 11. Registration of Religious Organizations with State Authorities[3]

 

(1)        The registration of religious organizations with state authorities shall be effected by the federal body of justice and those of the subjects of the Russian Federation according to the procedure established under the civil legislation of the Russian Federation and this Federal Law.

 

(2)        The government registration of local as well as centralized religious organizations consisting of local religious organizations, located within one subject of the Russian Federation, shall be effected by the body of justice of a corresponding subject of the Russian Federation.

 

(3)        The federal body of justice shall register the centralized religious organizations whose local religious organizations operate in the territories of two or more subjects of the Russian Federation.

 

(4)        The government registration of religious organizations formed by a centralized religious organization in accordance with Item 6 of Article 8 hereof, shall be effected by the body of justice that has registered a corresponding religious organization.

 

(5)        For purposes of government registration of a local religious organization, the founders shall submit to the respective body of justice as follows:

    application for registration;

    list of persons setting up a religious organization, indicating their citizenship, place of                   residence, date of birth;

    charter of the religious organization;

    minutes of the constituent assembly;

    document confirming the existence of a religious group in the given territory for                           no less than 15 years, issued by the body of local administration or confirming               its membership in the centralized religious organization, issued by its                                  governing center;

    data on the basic principles of religious teachings and the corresponding practice,                                   including about the history of origin of the religion and the given association,                     the forms and methods of its activity, the attitude to family and marriage,                          education, peculiarities of attitude to the health by the followers of the given                         religion, restrictions imposed on the members and clergymen of the                                organization as regards their civic rights and duties;

    document confirming the location of the newly formed religious organization.

 

(6)        In the event that a superior governing body of the newly formed religious organization is located outside the Russian Federation, it is required to submit besides the documents specified under Item 5 hereof, according to the prescribed procedure, also the charter or any other basic document of a foreign religious organization to be certified by the government body of the country of location of the said organization.

 

(7)        The grounds for the government registration of centralized religious organizations as well as religious organizations to be set up by the centralized religious organizations shall be as follows:

    application for registration;

    list of founders of the religious organization;

    charter of the newly formed religious organization approved by its founders;

            document confirming the location of the governing body of the newly formed

religious organization;

    notarized copies of the charter and certificate of government registration of the                           founder;

    relevant decision of the founders’ authorized body.

 

            In establishing a centralized religious organization the founder [founders] shall also submit the charters of no less than 3 local religious organizations incorporated within its structure and the data on other religious organizations that are incorporated within the given structure.

 

(8)        The application for the government registration of a religious organization, set up by the centralized religious organization or on the grounds of confirmation issued by the centralized religious organization, shall be reviewed within a month from the date of submission of all the documents specified herein. In other cases the body of registration shall be entitled to extend the period of review of documents up to six months to conduct the state examination by the religion-competent experts. The procedure for conducting the state examination by religion-competent experts shall be such as prescribed by the Government of the Russian Federation.[4]

 

(9)        In the event of the failure by an applicant [applicants] to meet the requirements specified under Items 5–7 hereof, the body of registration shall be entitled not to examine the application by sending an advice hereof to the applicant [applicants].

 

(10)      In the case of making a decision in favor of registration of a religious organization, the body of registration shall issue to an applicant a certificate in the set form on the government registration of a religious organization and enter the data of government registration in the unified state register of legal entities to be open for everyone’s knowledge.

 

(11)      The changes and amendments introduced in the charters of religious organizations shall be registered with state authorities according to the procedure prescribed for registration of religious organizations and shall take effect for third persons from the government registration thereof.

 

(12)      In the event of amendments in the data to be entered in the unified state register of legal persons, the religious organization shall within a month from the introduction of such amendments inform the body of registration thereof.

 

Article 12. Refusal to Effect Government Registration of a Religious Organization

 

(1)        Government registration may be refused to a religious organization whenever:

    the objectives and activities of a religious organization run counter to the Constitution                  of the Russian Federation and the laws of the Russian Federation—by                                     reference to specific articles of the laws;

    the given organization has not been recognized as a religious organization;

    the charter and other submitted documents do not meet the requirements of the laws                  of the Russian Federation or the data contained therein are not true;

    the organization with the same name has already been registered in the unified state                    register of legal entities;

    the founder [founders] is legally incompetent.

 

(2)        In case of refusal of government registration of a religious organization the decision made shall be communicated in writing to an applicant [applicants] by indicating the reasons for refusal. The refusal for reasons of inexpediency of setting up a religious organization shall not be permitted. The refusal of the body of registration to effect government registration of a religious organization as well as its evasion from such registration may be protested in a court of law.

 

Article 13. The Representations of Foreign Religious Organizations

 

(1)        Foreign religious organization shall mean an organization set up outside the Russian Federation in accordance with the laws of a foreign state.

 

(2)        A foreign religious organization may be granted the right to open its representative office in the territory of the Russian Federation.

 

The representation of a foreign religious organization may not engage in the activities of worship and other religious activities and shall not enjoy the status of a religious association as established hereunder.

 

(3)        The procedure for registration, establishment and closure of a representative office of a foreign religious organization shall be prescribed by the government of the Russian Federation in keeping with the laws of the Russian Federation.[5]

 

(4)        In the event of making a decision in favor of the registration of a representative office of a foreign religious organization, its representative shall be given a certificate after the form set by the Government of the Russian Federation.

 

(5)        The Russian religious organization shall be entitled to have under it a representative office of a foreign religious organization.

 

Article 14. Suspension of the Activity of a Religious Association, the Liquidation of a Religious Organization and the Prohibition of the Activity of a Religious Association, if They Violate the Legislation[6]

 

(1)        Religious organizations may be liquidated:

    by decision of their founders or a body authorized thereto by the charter of a religious                organization;

    by court decision in the event of repeated or gross violations of the rules of the                           Constitution of the Russian Federation, this Federal Law and other Federal                        Laws or in the event of systematic performance by a religious organization of                         activities running counter to the objectives of its creation (statutory                                 objectives).

 

(2)        The grounds for liquidation of a religious organization, banning the activities of a religious organization or a religious group by due course of law shall comprise as follows:

    the breach of public security and public order;

    acts aimed at the performance of an extremist activity;

    forcing to break the family;

    encroachments on the personality, rights and freedoms of citizens;

    infliction of damage established under the law to morals, health of citizens, including                    the use in connection with their religious activity of narcotic drugs and                                psychotherapeutic agents, hypnosis, the commission of acts of perversion and                other unlawful actions;

    inducement to suicide and refusal for reasons of religion to give medical aid to                            persons in a state endangering their life and health;

    preventing a citizen by using a threat of damage to his life, health, or property,                            provided there is a real danger of realization of same, or a threat of violence or                    by other illegal actions from withdrawing from a religious association;

    preventing from receiving compulsory education;

    forcing members and followers of religious associations and other persons to alienate                 their property in favor of religious associations;

    encouraging citizens to refuse to perform the civil duties established under the law                       and to commit other wrongful acts.

 

(3)        The bodies of the prosecutor’s office of the Russian Federation, the body in charge of registration of religious organizations as well as bodies of local administration shall have the right to file applications to the court requesting the liquidation of a religious organization or the ban on the activity of a religious organization or a religious group.

 

(4)        The legal capacity of the religious organization to be liquidated as a legal entity shall cease and the property of the said religious organization shall be distributed as is provided for under its charter and the civil legislation of the Russian Federation.

 

(5)        The grounds and the procedure for liquidation of a religious organization by a court decision shall also apply in respect to the ban on the activities of a religious group.

 

(6)        The activity of a religious association may be suspended, a religious organization may be liquidated and the activity of a religious association, which is not a religious organization, may be prohibited in the order and on the grounds envisaged in the Federal Law on the Counteraction to the Extremist Activity.

 

 

Chapter III. Rights and Conditions of Activity of

Religious Organizations

 

Article 15. Internal Regulations of Religious Organizations

 

 

(1)        Religious organizations shall operate in accordance with their internal regulations unless these conflict with the laws of the Russian Federation, and shall possess legal competence envisaged in their charters.

 

(2)        The state shall respect the internal regulations of religious organizations, unless the said regulations run counter to the laws of the Russian Federation.

 

Article 16. Religious Rites and Ceremonies

 

(1)        Religious organizations shall have the right to open and maintain buildings and structures of worship, other places and projects specially intended for acts of worship, the meetings for saying prayers and other religious meetings, religious worship.

 

(2)        The divine services, other religious rites and ceremonies shall be freely performed at buildings and structures of worship and in the territories adjoining thereto, other places made available to religious organizations for the said purposes, at places of pilgrimage, agencies and enterprises of religious organizations, cemeteries and crematoria as well as in living premises.

 

(3)        Religious organizations shall have the right to perform religious rites at medical and prophylactic establishments, hospitals, orphanages, boarding houses for the aged and invalids, at institutions enforcing criminal penalties in the form of imprisonment at the request of their inmates in the rooms specially assigned by the administration for the said purposes. The performance of religious rites in the rooms of places of detention shall be allowed subject to the observance of the requirements of the criminal and procedural legislation of the Russian Federation.

 

(4)        The command of military units shall not with due regard for the requirements of military manuals prevent the servicemen from participation in the acts of worship, other religious rites and ceremonies.[7]

 

(5)        In other cases public worship, other religious rites and ceremonies shall be performed according to the procedure established for conducting meetings, operations and demonstrations.

 

Article 17. Religious Literature and Objects of Religious Purpose

 

(1)        Religious organizations shall be entitled to manufacture, acquire, export, import and disseminate religious literature, printed, audio and video materials and other objects of religious purpose.

 

(2)        Religious organizations shall enjoy the exclusive right of establishing organizations that print religious literature and manufacture objects of religious veneration.

 

(3)        The literature, printed, audio and video materials produced by religious organizations shall have the marking bearing the official name in full of the given religious organization.

 

Article 18. Charities and Cultural and Educational Activities of Religious Organizations

 

(1)        Religious organizations shall be entitled to pursue charitable activities both directly and through the establishment of charitable institutions.

 

(2)        To implement their statutory objectives and tasks, religious organizations shall according to the procedure established under the laws of the Russian Federation have the right to set up cultural and enlightenment organizations, educational and other establishments as well as open organs of mass media.

 

(3)        The state shall assist and support the charitable activities of religious organizations as well as the realization by them of socially important cultural and enlightenment programs and events.

 

Article 19. Institutions of Professional Religious Education

 

(1)        Religious organizations shall, acting in accordance with their charters, have the exclusive right to set up religious educational establishments to train ministers of religious worship and religious personnel.

 

(2)        Establishments of professional religious education shall be registered as religious organizations and shall receive a government license for the right to engage in the educational activities.

 

(3)        The citizens taking studies at full-time departments of the establishments of professional religious educational institutions enjoying a government license shall have the right to a deferment from military conscription in accordance with the laws on military duty and service and other privileges envisaged under the laws of the Russian Federation.

 

Article 20. International Relations and Contacts

 

(1)        Religious organizations shall be entitled to establish and maintain international relations and contacts, including for purposes of pilgrimage, participation in meetings and other events, acquiring religious education as well as to invite for the said purposes foreign citizens.

 

(2)        Religious organizations shall have an exclusive right to invite foreign citizens for purposes of carrying on professional, including preaching, religious activities in the given organizations according to the Federal Laws.

 

Article 21. Ownership of Religious Organizations[8]

 

(1)        The ownership of religious organizations may include buildings, land plots, projects of production, social, charitable, cultural-enlightenment and other purposes, objects of religious purpose, monetary means and other property essential for ensuring their activities, including that regarded as monuments of history and culture.

 

(2)        Religious organizations shall be vested with the right of ownership in the property acquired or created by them with their own means, donated by citizens, organizations or passed over to religious organizations as ownership by the state or acquired through any other means not prohibited under the laws of the Russian Federation.[9]

 

(3)        The transfer into ownership of religious organizations for functional purposes of buildings and structures of worship together with the land plots and other property of religious purpose related thereto that used to be owned by the state or the municipality shall be effected free of charge.

 

(4)        Religious organizations may also possess as their ownership property located abroad.

 

(5)        The personal and real property of religious purpose may not be charged under the claims of creditors. The list of property of worship which may not be charged under the claims of creditors shall be specified by the Government of the Russian Federation in accordance with the proposals of religious organizations.

 

Article 22. Using the Property Owned by the State Citizens and Their Associations

 

(1)        Religious organizations shall be entitled to make use for their needs of land plots, buildings and property made available to them by the state, municipal, public and other organizations and individuals as is envisaged under the laws of the Russian Federation.

 

(2)        The transfer to religious organizations for using according to their functional purpose of buildings and structures of worship together with the land plots and other property of religious purpose related thereto owned by the state or the municipality shall be carried out free of charge.

 

Article 23. Business Activities of Religious Organizations

 

Religious organizations shall be entitled to engage in business activities and create their own enterprises according to the procedure prescribed under the laws of the Russian Federation.

 

Article 24. Labor Legal Relationships in Religious Organizations

 

(1)        Religious organizations shall in accordance with their charters have the right to make employment contracts with their workers.

 

(2)        The conditions of work and remuneration shall be set in accordance with the laws of the Russian Federation in an employment contract to be made between a religious organization and employee.

 

(3)        The citizens employed at religious organizations under employment contracts shall be covered by the labor legislation of the Russian Federation.

 

(4)        The employees of religious organizations as well as the clergymen shall be covered by social welfare, social insurance and pension maintenance as is provided under the laws of the Russian Federation.

 

 

Chapter IV. Supervision and Control over the Implementation

of the Laws on the Freedom of Conscience,

Faith and Religious Associations

 

Article 25. Exercise of Supervision and Control

 

(1)        The supervision of the implementation of the laws of the Russian Federation on the freedom of conscience, faith and religious associations shall be the responsibility of the bodies of the prosecutor’s office of the Russian Federation.

 

(2)        The organ that has registered a religious organization shall exercise control over the compliance thereby with the charter as regards the objectives and procedure for its activities.

 

Article 26. Liability for the Violation of Laws on the Freedom of Conscience, Faith and Religious Associations

 

            The violation of the laws of the Russian Federation on the freedom of conscience, faith and religious associations shall entail criminal, administrative and other liability in conformity with the laws of the Russian Federation.

 

Article 27. Final Provisions

 

(1)        This Federal Law shall take effect from its official release in the press.

 

(2)        The Government of the Russian Federation shall be required to adopt the regulatory legal acts essential for the implementation of this Federal Law.

 

(3)        The charters and other constituent documents of religious organizations set up prior to entry into effect of this Federal Law, shall be brought into line with this Federal Law. The charters and other constituent documents of religious organizations before they have been brought into accord with this Federal Law shall be effective only in the part that does not conflict with this Federal Law.

 

The new registration of religious organizations concerning which there are grounds for their liquidation or banning their activities, specified under Item 2 of Article 14 hereof, shall not be required. Upon refusal to re-register for the said reasons, the body of registration shall pass the materials over to the court.

 

Religious organizations that do not have a document confirming their existence in the corresponding territory for not less than 15 years shall have the right of a legal entity provided they are re-registered annually till the expiration of the said 15-years’ term.

 

In the given period the said religious organizations shall not have the rights specified under Item 4 of Article 3, Items 3 and 4 of Article 5, Item 5 of Article 13, Item 3 of Article 16, Items 1 and 2 of Article 17, Item 2 of Article 18 (with respect to educational establishments and mass media), Article 19 and Item 2 of Article 20 hereof.[10]

 

(4)        The government re-registration of religious organizations set up prior to the entry into effect of this Federal Law shall be carried out not later than December 31, 2000 in accordance with the requirements of this Federal Law. Upon the expiry of the indicated date the religious organizations that have not been re-registered shall be subject to liquidation judicially by demand of the body carrying out the state registration of religious organizations.

 

(5)        To declare as null and void the Law of RSFSR on the Freedom of Faith (Vedomosti of the Congress of Peoples’ Deputies of RSFSR and the Supreme Soviet of RSFSR No. 21, item 240, 1990; Collected Legislation of the Russian Federation No. 5, item 346, 1995) and the Decision of the Supreme Soviet of RSFSR On the Procedure for Putting into Effect of the Law of RSFSR on the Freedom of Faith (Vedomosti of the Congress of Peoples’ Deputies of RSFSR and the Supreme Soviet of RSFSR No. 21, item 241, 1990) from the date of coming into force of this Federal Law.

 

 



[1] Law on the Freedom of Conscience and Religious Associations, No. 125-FZ, original Russian version published in the Rossiyskaya Gazeta on October 1, 1997, as amended by Law No. 45-FZ of March 26, 2000 and by Federal Law No. 112-FZ of July 25, 2002 (Russia).  Translation originally published by Garants.

[2] For the procedure for registration of charters (regulations) of religious associations, see the Order of the Ministry of Justice of the Russian Federation No. 19-01-159-94 of November 30, 1994.

 

[3] See the Rules for Considering Applications for the State Registration of Religious Organizations with the Bodies of Justice of the Russian Federation approved by Order of the Ministry of Justice of the Russian Federation No. 19 of February 16, 1998.

 

[4] The Procedure for Conducting State Religious and Scientific Expertise was approved by Decision of the Government of the Russian Federation No. 565 of June 3, 1998.

 

[5] Regulations for the Order of the Registration, Opening and Closing of the Representative Offices of Foreign Religious Organizations in the Russian Federation was approved by the Decision of the Government of the Russian Federation No. 130 of February 2, 1998.

[6] Article 14 reflects the changes made by Federal Law No. 112-FZ of July 25, 2002 on the Introduction of Amendments and Addenda into Legislative Acts of the Russian Federation in Connection with Passing the Federal Law on the Counteraction to an Extremist Activity.

[7] Also see the Law of the Russian Federation No. 4338-I of January 22, 1993 on the Status of Servicemen.

 

[8] On the Procedure for Handing Over to Religious Organizations of the Property for Religious Purposes Presently in the Federal Ownership, see Decision of the Government of the Russian Federation No. 490 of June 30, 2001.

[9] See Regulations on Handing Over to Religious Organizations of the Property for Religious Purposes Presently in the Federal Ownership, approved by Decision of the Government of the Russian Federation No. 490 of June 30, 2001.

 

[10] Federal Law No. 45-FZ of March 26, 2000 amended Item 4 of Article 27 of this Federal Law.

 


2006 International Center for Law and Religion Studies.