The Oryol Regional Court defended the right of the Orthodox community to hold services in a residential building, despite complaints from neighbors

17 April 2013, the Oryol Regional Court granted the appeal Parish of St. Andrew's Church in the village of Sakhzavodskaya, Livensky District, Orlovskaya region and canceled the decision of the Livensky District Court of the Oryol Region dated 25 January 2013, which banned the holding of Orthodox services in rented premises on the basis of a complaint from neighbors.

Recall L. Kholoimova filed a lawsuit for eviction from the premises adjacent to her apartment, an Orthodox parish and the prohibition of religious rites, interfering with her rest (in particular, funeral services, Saturday evening and Sunday morning services). The Livensky District Court did not fully satisfy this claim - the community was not evicted, but worship services were prohibited.

mentioned the Orthodox community, not having a separate room for prayer in the village, February 2012 rents non-residential premises from Livny Sakhar LLC. This room borders on three apartments, one of which is home to L. Kholoimov. Referring to the current legislation, the complainants point to infringement of their right to freedom of conscience. In addition, in their opinion, “ since L. Kholoimova is an Orthodox Christian, then Orthodox services should not be interfere ” (meaning “ the real purpose of her lawsuit is eviction for unauthorized increase in the area of ​​​​her apartment ”).

Court found that there was no evidence of a violation of the rights and interests of the plaintiff, the expert commission found no violations of sanitary requirements, presented to residential premises, and related to the conduct in the neighboring room for religious ceremonies (according to the expert, “ she heard low sounds, a rumble, the contents of which could not be disassembled listening, you can't ." The court held that the prohibition to worship in disputed premises in the absence of other premises suitable for collective religious ceremonies, in fact limits the right of citizens to freely practice their religion .”

Sources

• Peredelsky D. The Judicial Collegium for Civil Cases of the Oryol Regional Court refused to satisfy a local resident's claim for the eviction of a religious organization and the ban on worship // Russian newspaper. 2013. April 24.
• Appeal ruling of the Oryol Regional Court dated April 17, 2013 // Slavic Legal Center. 2013. April 25.