Abdul Nurullaev. Equality of religious associations before the law as a condition for general civil consent

Russian society is in transition, and far from everything in it has settled down. The democratic transformations carried out in the country over the past 15 years have been accompanied by a religious revival, exacerbation of intra-confessional and inter-confessional contradictions, which negatively affects the formation of civil harmony.

Any ideologies are inherent in the desire to maximize their influence on the population, often associated with the displacement of other ideologies. Religious ideology is no exception in this respect. Since the masses of people stand behind religions, the ideological confrontation in history sometimes grew into a forceful one, with all the ensuing consequences. State support for one of the warring parties led to a tougher and deeper confrontation.

The Russian experience, as well as the experience of many other countries, shows that any religious (confessional) community is still in the minority or is suppressed by the state, stands for the equality of religions, for cooperation with other religious communities in various fields and at various levels. However, having freed itself from the dominance of the authorities, and even more so having become a majority, and even one that the authorities need, such a community (to a greater extent its leaders) refuses its former calls to ensure the legal equality of confessions, to cooperate with other religious communities on parity. principles, which causes negative sentiments among confessional and, consequently, among ethnic minorities.

Dozens of Russian peoples perceive certain religions as their national religions (Russians - Orthodoxy; Tatars, Bashkirs, Avars, Dargins, Kumyks and many other peoples of the North Caucasus - Islam; Buryats, Kalmyks, Tuvans - Buddhism). Their way of life, traditions, customs, mentality were formed under the strong influence of relevant religious teachings, rituals, and prescriptions. As a result, in the ethnically oriented consciousness, these peoples are presented as ethno-confessional communities. The slightest manifestation of confessional inequality is regarded by this consciousness as an encroachment on the rights of an ethnic group, as an infringement of national dignity, which stimulates the search for ways to organized self-defense.

In an effort to finally get rid of the centuries-old practice of dividing religious organizations into privileged and deprived of privileges, the young post-Soviet Russian state proclaimed the principles of freedom of conscience and freedom of religion, separation of religious associations from the state and their equality before the law. Thus, the prerequisites were created for the introduction of the inevitable ideological competition between religions and confessions into a civilized framework.

Taking into account the exceptional importance of the principles of separation of religious associations from the state and their equality before the law for socio-political stability and the consolidation of society, these prerequisites were enshrined in the chapter of the Basic Law, which contains the foundations of the constitutional order of Russia. And the foundations of the constitutional system, as is known, cannot be contradicted by any legal norm, including the provisions of the Constitution itself contained in other chapters.

However, it is precisely these democratic principles that are under intense attack from certain groups of politicians, scientists and religious figures. An additional impetus to the desire of these circles to find some justification for their proposals on the need to divide confessional communities and religious associations into more or less privileged ones could be given by the provision contained in the Fundamentals of the Social Concept of the Russian Orthodox Church. The Church, this document says, "... has the right to expect that the state, when building its relations with religious associations, will take into account the number of their followers, their place in shaping the historical, cultural and spiritual image of the people, their civic position" [1] ( highlighted in the document - A.N. ).

Several bills have already been prepared aimed at introducing a "titular religion" in the country, placed in a preferential position in comparison with other religions and confessions. At the same time, voices are heard, including those of officials of the state apparatus, suggesting that the republican authorities establish "priority relations" with religious associations of "titular ethnic groups." If such proposals are implemented, someone's ambitions will be satisfied, but how will this affect ethno-confessional relations? You should think about this too.

The justified dissatisfaction of religious and ethnic minorities causes a revival in many regions of Russia of the practice of interference by the clergy of the Russian Orthodox Church in the legal issues of building prayer rooms for confessional minorities, which was banned by Catherine II. Commenting on the facts of the refusal of the authorities to provide land plots for the construction of mosques with references to the opinion of the hierarchs of the Russian Orthodox Church, the chairman of the Council of Muftis of Russia, Mufti R. Gainutdin, recently stated: “The officials do not want to quarrel with the Church. But the question arises: can the authorities and the Church quarrel with the desire of the Islamic community to act officially? Do the authorities really want Muslims to gather somewhere underground for their religious rites?" [2] Representatives of various Protestant churches in Russia repeatedly made similar protests.

Calling for legal privileges for religious associations of the majority, other politicians and religious figures refer to the experience of some European countries, in particular Great Britain. But for some reason they are silent about the fact that there the head of the church is the monarch, and the parliament, consisting of people of various faiths and non-believers, has the final say in matters of dogma. Is not such a privileged position of the Anglican Church led to the fact that in the 90s. 20th century the share of her followers in the population of the country decreased from 41.5% to 27%.

The task to justify the need for a privileged position of the confessional community of the majority encourages its supporters, among other things, to completely ignore the relevant provisions of the social concepts of other confessional organizations in the country. Meanwhile, in the documents of Muslim, Jewish, Protestant organizations in Russia, there is full support for the constitutional provisions on freedom of conscience, on the separation of religious associations from the state and their equality before the law. Moreover, religious organizations of confessional minorities are in favor of the state consistently following the line equal treatment of different religions (confessions). For example, in the "Basic Provisions of the Social Program of Russian Muslims", developed by the Council of Muftis of Russia, it says: ": The world of consent; in the application to the modern Russian Federation means the observance of the following human rights by the state: freedom of religion, equality of religions before the law and institutions of the state ..." . A similar provision is contained in the Fundamentals of the Social Concept of Judaism in Russia prepared by the Congress of Jewish Religious Organizations and Associations in Russia.

As for the Protestant religious organizations functioning in the country, they go even further. Thus, "The Fundamentals of the Social Teaching of the Church of Adventist Christians of the Seventh Day in Russia", based on the constitutional principle of equality of religious associations before the law, expresses the conviction that "earthly authorities do not have the right to adopt laws ... that give advantages to any denomination" , and emphasize that "whenever spiritual leaders have sought to strengthen the position of their denomination with the help of civil authorities, the result has ultimately been tragic" .

Such declarations take into account not only historical experience and express the desire to promote the harmonization of interfaith relations and the strengthening of the rule of law in the country. They can also be seen as a fair interpretation of the constitutional provisions on the equality of religious associations before the law and freedom of conscience. If the Constitution guarantees everyone an equal right to profess individually or jointly with others any religion , then the state treats all religions equally (neutrally), and all of them are equal before the state and its laws.

By the way, not so long ago, at the beginning of democratic reforms in the country, the Russian Orthodox Church adhered to a similar position. The appeal of the Council of Bishops of the Russian Orthodox Church on April 4, 1992 stated: "We firmly stand for the right of every individual to religious self-determination, for the equality of all religions before the law and do not seek to limit anyone's religious choice" [3] .

Equality of religious associations before the law, first of all, means their equality in rights and duties. The state is obliged to equally protect the rights of all legally operating religious organizations, regardless of their confessional affiliation. The division of religious associations "according to grades" to a greater or lesser extent affects the rights of the citizens who are part of them. Ultimately, the rights of minorities are infringed, which contradicts not only the Constitution of the Russian Federation, but also the provisions of international documents signed by Russia and guiding states to take special care of national and religious minorities, their rights and freedoms.

The President of the Russian Federation, being the guarantor of the Constitution, the rights and freedoms of man and citizen, invariably reminds officials and all members of society of the rule of law, of the strict obligatory observance of its norms by everyone - from an ordinary citizen to politicians of the highest rank. “The actions of any authorities, including regional and federal ones, must be in strict accordance with the law, ” V.V. Putin said at a press conference in Moscow on June 24, 2002. “ A huge danger for a country like ours, - in incitement of inter-ethnic and inter-confessional hatred. We must get rid of you and all others of any national swagger and great-power chauvinism. We must make sure that any representative of the smallest nationality feels comfortable in Russia, at home, and would say: This is my country, this is my home, my fortress; [4] .

Dissonance in interfaith relations is brought about by the activity of certain circles advocating the introduction of the teaching of religion in state and municipal educational institutions. Some call this course "Fundamentals of Orthodox Culture". Fearing a further aggravation of inter-confessional and inter-ethnic relations, many scientists, politicians and religious figures strongly oppose such undertakings. For example, President of Tatarstan M. Shaimiev spoke out against it. His main motive: such an innovation will oppose people of different faiths and nationalities on a religious basis. Indeed, in the schools of Tatarstan, about half of the students are from Muslim families, the other half are from Christian families.

The possible division of students of state and municipal educational institutions into groups according to religion or the creation of entire schools along similar lines, as suggested by some politicians, would have no less negative consequences. In many localities, this would also mean dividing students along ethnic lines. The result would not be the education of tolerance, but the further aggravation of interfaith and interethnic relations. For similar reasons, the Moscow authorities also strongly opposed the teaching of the course "Fundamentals of Orthodox Culture" in state and municipal educational institutions. The public of the capital is in favor of teaching courses such as "Fundamentals of Religious Studies", "Fundamentals of World Religions" or "History of World Religions" in the general education school.

This approach is quite understandable: if all religious organizations have the same legal status, and the country is multinational and polyconfessional, then, obviously, children in school need to be given knowledge not about one confession and its role in public life, but at least about the main religions that exist. in the world.

The state education system, among other things, is designed to form among the younger generations a high culture of interethnic and interfaith communication, which includes a conscious need to show sensitivity and tact towards people of any nationality and worldview orientation, respect for their national dignity, language, ethnic and religious traditions and cultural values. All academic disciplines of the social and humanitarian cycle should contribute to the solution of this problem.

Obviously, the most acceptable way is the active introduction of courses in religious studies and ethnology in state and municipal educational institutions. Ignorance in these matters is one of the important factors contributing to the growth of xenophobia. At RUDN University, I usually ask first-year students the following question: who at school in any form studied issues related to religions (the basics of religious studies, the history of religions, or another similar subject)? Out of 100-200 students in the audience, usually 2-3 people raise their hands. Recently, 1-2 people report that they went to Sunday school. That's all.

The formation of tolerant consciousness is hampered not only by ignorance in religious and ethnological issues, but also by ideas about the exclusivity of one's ethnic group, its beliefs and traditions. It can cause an arrogant, disdainful attitude towards the ethno-cultural and religious values ​​of other peoples.

The following example can be given in this regard. St. Petersburg scientists conducted a survey of high school students in 11 schools and found that in those non-state schools where religion based on Christianity is taught, the number of those who, when asked what Christianity differs from other religions, they answer: "Because it is the true religion." In the responses of students of such schools, hostility and contempt towards non-believers are more common [5] .

If some ideas contained in the Fundamentals of the Social Concept of the Russian Orthodox Church inspire the development of proposals aimed at granting legal privileges for the ROC, then they encourage others to go much further: to work for the coming to power in Russia of the Orthodox ruling class. One of the evidence is the decision to establish the Corporation for Orthodox Action (CAP).

The founders of the Corporation were 24 laymen and priests. Among the founders of the Orthodox clergy, we see the well-known preacher Deacon Andrey Kuraev and a number of others. The goal of the CPD is nothing more, nothing less, "creating conditions for the formation of a new Orthodox elite in Russia, which in the coming years should replace the elite of the 90s of the twentieth century - the elite of the American project" [6 ] .

The leaders of the KPD intend to begin by stepping up their efforts to introduce the "Fundamentals of Orthodox Culture" into the school curriculum, to work on the creation of a daily newspaper and a special radio station. We are also talking about the Orthodox television channel Derzhava.

Having created a promising project aimed at forming an Orthodox elite (both cultural and religious, as well as political) that will replace the current Russian "elite of the American project", its initiators provide an example for followers of other religions to follow. And this is fraught with increased contradictions, interreligious and interethnic.

The prudent political elite of the national republics managed to keep their leaders from following the example of the heads of some subjects of the federation, who hastened after their election to publicly ask for blessings from the hierarchs of the Russian Orthodox Church. Although the pressure of, say, the Islamic community in a number of regions was quite tangible. I would like to hope that this time too the interests of maintaining social and political stability and consolidating a multinational and polyconfessional society will prevail over religious and political ambitions.

Speaking of the "Corporation of Orthodox Action" project, it is not without interest to trace how the need to form an Orthodox state and public elite is substantiated. Let us give the floor to a well-known Orthodox theologian.

“The small presence of young people in Orthodox churches was not a disaster for the Church in past centuries. Our “nursing home” was guarded by a strong Orthodox state,” writes Andrey Kuraev. “ Today we do not have such protection. And the words of one Russian peasant sound with frightening truthfulness. lives in Saratov, went through Afghanistan, but never came to the Church, but somehow accurately remarked: “I have Tatar friends, I have Russian friends. I visit their mosques, I go to our temples. But look: in their mosques there are young men, in addition men, and in ours there are women, in addition old women. We will lose.” We must also remember that Islam does not recognize the separation of religion from politics,” the theologian continues. “Muslims have a craving for political activism. politicians" we run the risk of once again becoming victims of politics - this time Russian-Muslim. I'm afraid that soon, in order to protect our children from regular school experiments, we will have to go to see Muslim deputies of the State Duma. There can be no Orthodox Russia without the Orthodox elite " [7] .

Propaganda of such ideas cannot but contribute to the strengthening of inter-religious and inter-ethnic contradictions, the growth of disintegration processes in society. The propaganda of the ideas of Islamization of a number of republics within Russia, put forward by extremist-minded Muslim fundamentalists, also operates in the same direction.

In the book "The Resumption of History: Humanity in the 21st Century and the Future of Russia" Yu.M. Luzhkov writes: "The only national idea today is in itself a call to preserve Russia . " And such a statement of the question is consonant with the thoughts of R.G. Abdulatipov about the Constitution of the Russian Federation as a national idea. To strive to implement what is written in the Basic Law of the country is precisely the call to preserve Russia and make it a powerful and prosperous power in which people of all nationalities and worldviews live comfortably. We are talking about the need to achieve the implementation of the provisions of the Constitution on the legal social federal state of the multinational people of Russia, to ensure the strict implementation of the constitutional principles of the separation of religious associations from the state and their equality before the law, which is an important condition for civil consent.

[1] The Church and the World. Fundamentals of the social concept of the Russian Orthodox Church. M., 2000. S. 56.

[2] Nedumov Oleg. Muslims save the country's image // NG-Religions. 2003. February 19 .

[3] Journal of the Moscow Patriarchate. 1992. No. 6. S. XIII.

[4] December 28, 2003, answering the questions of Russian citizens for the third time live, V.V. Putin firmly stated: "I am against the fact that anyone, no matter how good they may be guided, violates the Constitution of our country."

[5] Continuing education in the humanities (scientific research). SPb. 2002. Issue. 1. S. 75-76.

[6] P. Akopov, Power of the Cross // Political Journal. 2004. No. 30. P. 51.

[7] Ibid., p. 60.