Between a rock and a hard place

Recently, in some regions of Russia the justice authorities began to demand from the heads of religious organizations making unconstitutional changes to the charter, indicating that members A religious organization can only be residents of a city or town where be an audited religious organization. So, for example, the Main Directorate of the Ministry of Justice for the Moscow Region a scheduled documentary check of the Local Religious Organization was carried out Evangelical Christian Baptists in Mytishchi. By the results of the check, a Warning was issued, which indicated that the paragraph of the Charter of the Church, containing an indication that residents of the city of St. Mytishchi and nearby areas, contrary to paragraphs 1 and 3 of Article 8 of the Federal law of 26 September 1997 No. 125-FZ "On Freedom of Conscience and Religious Associations" (hereinafter Federal law no. 125), since members of the Church must permanently and lawfully reside in one locality or one urban or rural settlement, namely in the city of Mytishchi. The warning was appealed, but 17 March 2011 as a judge of the Mytishchi City Court of the Moscow Region Chernushevich M.Yu. a decision was made to satisfy the complaint to refuse full volume. An appeal has been filed against this decision.

Meanwhile, in accordance with Art. 28 of the Constitution The Russian Federation guarantees everyone freedom of conscience and religion, including the right to profess, individually or together with all, any religion or not profess no, freely choose, have and distribute religious and other beliefs and act in accordance with them. This rule is repeated in s. 1 st. 3 of Federal Law No. 125 with the addition that foreign citizens and stateless persons legally located on the territory of the Russian Federation Federations enjoy the right to freedom of conscience and freedom of religion on a par with citizens of the Russian Federation.

In accordance with Art. 27 of the Constitution of the Russian Federation each, who is legally on the territory of the Russian Federation has the right to freely move around, choose a place of stay and residence.

According to Art. 6 of Federal Law No. 125 religious association in the Russian Federation is a voluntary association of citizens Russian Federation, other persons permanently and legally residing on the territory of the Russian Federation. In accordance with paragraph 3 of Art. 2 nothing in legislation on freedom of conscience, freedom of religion should not be interpreted in the sense of derogation or infringement of the rights of man and citizen on freedom of conscience and freedom of religion guaranteed by the Constitution of the Russian Federation or arising from international treaties of the Russian Federation.

Moreover, paragraph 2 of Art. 3 of this law contains a direct indication that the right of a person and a citizen to freedom of conscience and freedom religion may be limited by federal law only to the extent that necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of a person and a citizen, ensuring the defense of the country and the security of the state.

In other words, visitors, people without permanent registration, including foreigners, can in the same way be members religious organization, as well as local ones with permanent registration.

The above analysis of legislation testifies to the illegality and groundlessness of the requirements of the regulatory authority. TO a similar conclusion was reached by the prosecutor's office of the city of Surgut.

This prosecutor's office the conformity of the statutes of religious organizations was checked, carrying out activities in the territory of the city, operating legislation. During the audit, it was found that the statutes of a number of religious organizations do not comply with the legislation of the Russian Federation. In particular, some statutes (contained clauses establishing that members of a religious organization may be only citizens who have reached the age of eighteen and permanently reside in in the same locality or in the same urban or rural settlement.

Similar the wording in the charter would be appropriate if it was about the founders religious organization in respect of which Federal Law No. 125 established a residence requirement for citizens who decide to establish a religious organization in the same locality and who have reached the age of eighteen years. However participants (members) of religious organizations, as mentioned above, may be citizens of the Russian Federation, other persons, permanently and legally living on the territory of the Russian Federation without any restrictions.

As a result, the prosecutor's office stood up to protect the rights and freedoms of citizens. To the leaders religious organizations, the prosecutor's office issued protests in which It was pointed out that the restriction of the rights of citizens legally located in the territory Russian Federation, to freedom of religion by age and place of residence is illegal. In this regard, the prosecutor's office sent requests to bring statutes in accordance with the requirements of the Federal Law "On Freedom conscience and religious associations". As a result, the leaders of religious organizations caught between a rock and a hard place.

It is thought that in current situation, the acts of the prosecutor's response should be issued not only to religious organizations that violated the law, but also to the justice authorities who insist on these wordings in statutes.

Sources

• Inc. inf.