Not caught, not a thief

The Public Chamber of the Russian Federation did not support amendments to the law “On Freedom of Conscience and Religious Associations” and Article 343 of the Labor Code, Interfax-Religion reports.

“The concept of the bill needs significant improvement,” says the OP’s conclusion, cited by its press service.

As stated in the document, the Public Chamber generally shares the position of the authors of the bill on the need to counter religious extremism, “however, on the way to legislatively solving the problem of religious extremism, it is also necessary to take into account the constitutional principles of freedom of conscience and freedom of religion.”

In conclusion, it is reported that the bill proposes to supplement Art. 6 of the Law “On Freedom of Conscience and Religious Associations” with a clause limiting participation (membership) in religious associations of persons in respect of whom there is information about their involvement in extremist activities or terrorism, as well as foreign citizens or stateless persons in respect of whom it is accepted decision on the undesirability of their stay (residence) in Russia.

In this regard, the OP stated that the Constitution guarantees freedom of conscience and religion to everyone and establishes that everyone accused of committing a crime is considered innocent until proven guilty.

The bill also provides for the right of religious organizations to determine, in accordance with their internal regulations, restrictions and requirements, including regarding religious education, for their employees and candidates. It is proposed to supplement Article 343 of the Labor Code with a provision similar in content.

Meanwhile, the chamber pointed out that the current law, based on the principle of a secular state and the separation of religious associations from the state, already allows for the freedom of religious associations to establish such requirements.

Along with this, the bill assumes the right of constituent entities of the Russian Federation to establish special requirements for the conclusion of labor contracts by religious organizations with their employees, as well as for their religious education.

In this regard, the authors of the conclusion stated that establishing requirements for the education of religious personnel is the prerogative of religious organizations themselves, and the introduction of such requirements will lead to government interference in the internal regulations of religious organizations.

Touching upon the proposed norm, which is intended to regulate the conclusion of employment contracts, the OP recalled that, according to the law, a religious organization has the right to independently determine relationships with persons performing work or providing services for it: on the basis of an employment contract, a civil law contract (contractor agreement, paid services, etc.).

The chamber noted that the internal regulations of some religious associations suggest cases when a representative of a religious organization is called upon to carry out his activities even in the absence of wages or salary, as well as a legal entity that can conclude an employment contract with him. In addition, the basis for his activities, according to the internal regulations of religious associations, may not be the fact of appointment or election, but the corresponding religious ritual.