Dmitry Vatulya. Five parts of one

Dmitry Vatulya, editor-in-chief of New Life radio, told the SOVA Center about the attempt of Tula Vaishnavas to defend their right to preach their own religion and the resistance of the city administration.

“Legally, you can go wherever you want, but in fact, there is no way to move.”

Mayakovsky

Often we rightly and wrongly We believe that fundamental rights and freedoms are guaranteed to us, the citizens of Russia, Constitution. Fair enough, because it is. Wrong, because any the norm of the Constitution is regulated by the relevant law, and the priority of the main law of the country in law enforcement practice is often ignored. Can one would hope for a fair judicial system that exists to ensure the interpretation and application of legislative norms in specific precedent cases and make appropriate decisions in favor of compliance the basic principle of justice, legality and protection of the rights of citizens and their associations. And although the reputation of the judiciary in Russia is legendary, it is not means that there is no fair trial and hopes for it are illusory and naive.

In the case that came to our attention, affects a number of fundamental rights and freedoms of citizens of the Russian Federation: freedom of religion and the right, in common with others, to profess any religion, freedom of speech and thought, the right to assemble peacefully without weapons, the right to judicial protection of rights and freedoms (Articles 28,29, 31 and 46 of the Constitution). Because we live in a society that declared to be secular and democratic, in which religion is separated from state, it can be reasonably assumed that the principle of equality is the same for all religious groups and organizations, regardless of the essence of their doctrine, number of followers and "tradition". It should be. And for state, even if its officials belong to any religious tradition, there should be no difference whose rights to protect and ensure: the Russian Orthodox Church or some tiny group of Molokans or Old Believers. But this is an ideal, and an ideal, as you know, is unattainable by its very nature. essence and according to all the laws of physics.

Our hero is a real person and citizen, follower of Vaishnavism, who, by the way, is represented by a centralized religious organization functioning on the territory of Russia completely legal. Lives in Tula. His religion prescribes regular joint chanting the holy names of Krishna in small groups stationary and in processions. AND everything would be fine, but not so long ago, the law FZ No. 54-FZ “On meetings, rallies, demonstrations, processions and picketing”, which obliges to coordinate with local administrations of any such events, calling them assemblies, rallies and processions. And if earlier the name of Krishna was more or less freely chanted on the streets Tula young men in colorful clothes, now every such religious action it is necessary to coordinate and receive “good” from the administration. Our hero is a man law-abiding, went that way. All this resulted in the story of "Five parts of one."

Episode one. Start

May 5, 2015 Mikhail (name modified) filed a notification with the administration of Tula on holding a public Events. All in accordance with the law "On meetings, rallies, demonstrations, marches and pickets. Indicated purpose: promotion of healthy a way of life based on spiritual values. Even painted what it will be meeting with the joint chanting of the holy names of Krishna. Chose a place in front of the entrance to central park of culture and recreation. He indicated the date and time of the event on May 17, 2015 from 16:00 to 19:00. It was assumed that the number of participants will be modest: from 3 to 7 people. A 10-watt amplifier is something like a small loudspeaker of those that can be safely carried over the shoulder. modestly simply without disturbing the peace of the citizens.

The city administration responded. Suggested hold the event at a different address due to the fact that the declared place and time has already been notified. Of course, no information about this, pre-agreed, there was no event in the response of the administration. Let's run a little forward and say that during the trial at the request of Mikhail and his lawyer, the court demanded evidence, and that is how it became known that the notification was submitted by a respected political party in our country, but the stamp on acceptance says accepted this notice May 6, 2015 at 11:35. On the application Michael, there is a mark with the signature of the acceptor and the date of acceptance May 5, 2015 at 9:50. In court, a representative of the administration will argue that the applications are considered not in the order of submission, but in the order of registration applications. Thus, the administration agreed on the action of a respected party, and Mikhail offered to hold her event in another place, “adapted for collective discussion of socially significant issues and expression public sentiments" at the address: Oktyabrskaya 304 (site inside reversal ring in front of the shopping center "Penates"). And at the same address of the event does not need to be coordinated at all, it is specially organized to express feelings of all those who disagree with anything. Our hero needed not to express public sentiments, but simply to make a small religious action, for this reason he refused to transfer his "rally" there - in a very uncomfortable place away from people.

A week later, on May 12, Mikhail filed a Tula another notice in which he expressed disagreement with the proposal alternative venue for the action-rally, referring to the lack of motivation for such a decision. The essence of the argument is simple: the act of another notification on the same date and place does not indicate the impossibility of carrying out two events at the same time. The letter contains a request to agree event at the original address, but on a different date: May 17 from 16 to 19 hours or, if not possible, on the date of May 19 from 17 to 19 hours or May 20 from 17 to 19.

A couple of days later came the answer, the content which can be guessed without reading. For all requested dates at the desired address the activities for which the notification was received earlier have already been agreed. AND again a proposal to hold an action “inside the reversal ring near the Penaty shopping center”. The letter also contains a warning that, according to the law “On Assemblies…” a public event cannot be held unless it is agreed with the local administration.

Due to multiple failures coordination of the event at the desired address, the organizer submitted an application to The Central District Court of Tula on challenging the actions of the city administration with the demand to recognize these very actions as unreasonable and illegal and to oblige Mayor’s office to remove obstacles to the realization of the rights and freedoms of the organizer Events. The plaintiff's argument was to establish the motivation actions of the city government. With all the expansion and obvious the adequacy of the explanations of the representative of the plaintiff, the court completely rejected these arguments and ... sided with the mayor's office, refusing to meet Mikhail's demands. Court decided that the applicant's rights had not been violated. An appeal has been filed.

When asked why Michael did not agree to hold their events in the place proposed by the administration, there is a very simple answer. The address to which our hero is sent is located on away from the city center, which is inconvenient for anyone. Also, express your disagree with the decision of the mayor's office and demand respect for their civil rights Michael has every right. This is if according to the Constitution. The court held otherwise.

Episode two. Nuances

History almost completely repeated itself. except for a few details. Our hero has again filed a notice for holding exactly the same event on May 30, only at a different address, which in this case is irrelevant. Form, purpose, number of participants - nothing has changed. Even the amplifier planned to use the same. But this time Mikhail notified the administration in advance that if the place and time will be busy with more efficient applicants, he asks the mayor's office to choose any another of the 5 (!) alternative addresses where the action could also be held.

It seems that the administration's response is already known. Aha! The venue and time are already occupied by another promotion, notification of which was filed on the same day, but a little earlier. Alternative addresses actions requested by the organizer are not mentioned at all, it is proposed hold the event at the same address as in the first case, in a place adapted for collective discussion of socially significant issues and expressions of public sentiment ."

And again the organizer of the action submits an application to the court with the same requirements: to recognize the actions of the administration as unmotivated and illegal and oblige to obey the law.

During the trial it turned out that on May 18, 2015, the administration received a notification (registered on May 19 at 8:34) about holding a public event for the same to the very addresses that our hero requested, and his notification was registered May 19 at 8:38, that is, exactly four minutes after the registration of a competing notifications. Interestingly, there are no events at the specified addresses on the X day no one did.

The court, of course, denied the applicant's requirements. The applicant filed an appeal.

Episode three. Deja vu

The plate is stuck. The same organizer the same number of participants, the purpose of the rally also did not change. The administration again refers to the previously filed notice, although, as claims our hero in a lawsuit, there are no events on the specified date was carried out. Thus, the applicant claims, the city administration again refused under false pretenses to hold a public event for the place and time chosen by the organizer, also did not agree on the holding rally on the same day, but at a different time.

And again a statement to the court with the same requirements as before.

It remains to rejoice at how politically and socially conscious residents of the glorious city of Tula, which, seems to be at the forefront of street activity. How many dates, how many addresses and all events, rallies, actions and pickets are planned.

Episode 4. No change

Starting to study the materials of this case, Predict almost every word and wording. And exactly! Same organizer. The goals, the number of participants, the power of the amplifier - nothing has changed. Only another date and the next address of the event. Do I need to quote the answer in detail administration? It's simple: for this date, time and place, a notice of holding another street action. And again a statement to the court, again no one shares on the specified day in the right place at a specific time did not hold.

Episode five. Limit

The last story with the participation of our hero - logical completion of all previous ones. This time, according to the organizer measure, which is set out in his appeal to the court, the administration during did not receive a written notice from him for several hours. It was July 13, 2015 stalking the responsible official. They took him only at 14:05.

And again the same thing: "In connection with earlier notifications submitted to the city administration ... "And again the administration proposes to hold the event in a “specially designated and adapted for collective discussion of socially significant issues and expression of public the mood of the place" .

The applicant came to court demanding “recognize the actions of the administration of the city of Tula, expressed in the refusal on July 13, 2015. From 9:00 to 11:00, documentary confirmation of receipt of the notification of the public event indicating the date and time of its receipt, unreasonable and illegal . "

In an explanation to the court, the plaintiff sets out his history that is a follower of the religion of Vaishnavism, according to the creed of which it is necessary to conduct a joint chanting of the names of Krishna in the form of a prayer "Hare Krishna". Without coordinating such small actions that are not dangerous for anyone, the administration thus impedes the realization of his right to freedom religion, enshrined in the basic law of the country. In 2015 it was submitted 15 notices, none agreed.

Claimant's lawyer Mikhail Frolov, head of the Legal Department of the Guild of Experts in Religion and Law, states that our hero, like all the followers of Vaishnavism, is a man non-conflict, very peaceful, apolitical and did not want to go to court until the last. But it's been two years since the city administration stopped coordinate the street actions of members of a religious organization, and there was no way out: “Each time a notice was given for a convenient place, miraculously it turned out that another notification had already been submitted to this address and time. After almost two years of such ordeals, I simply had to go to court .

When asked what are the real reasons for this behavior of the city administration of Tula in relation to such religious organizations and groups, the lawyer says that the authorities simply do not want to let "non-traditional" believers to the city streets: "Like non-conflict people, Tula followers of Vaishnavism tried to solve the problem, they wanted to get an appointment with to the mayor, but he always sent them to the department of interaction with public organizations, where, in turn, believers asked the question, why street events used to be coordinated, but now they cut off oxygen . According to the lawyer, the answer was unequivocal: “You are sectarians, you are generally on the street you can’t show yourself, we won’t give you anything . ” However, according to Frolov, officials behave arrogantly, defiantly and with a sense of complete impunity.

Epilogue

It could be assumed that such strange things happen only in Tula. Well, think about your features. But here what Inna Zagrebina, lawyer, expert of the SOVA center, chairman says board of the Guild of Experts in Religion and Law: “Such things happen almost everywhere, lawyers are very well aware of this. The same scheme. The law obliges to notify the administration of any organized street event, and she must approve it. In fact, such stories have become rule. The administration does not agree, the court supports the administration . Moreover, as it turns out, this applies not only to very small religious communities like Vaishnavist or Hare Krishna, this happens to everyone who is not fits into the anecdotal category of "traditional" religions. anecdotal because this concept is not enshrined anywhere in the legislation, but they constantly operate. The exception is flagship religious organizations.

Mikhail Frolov confirms this idea: “Such things happen not only in Tula, this is part of the general trend. Similar attitude awaits all who do not fit into the "titular" religion. Almost everywhere . "

It may also be noted that a large part of our society comes out just in support of such decisions of administrations and the courts, arguing that “we don’t need these sects”, without understanding and without understanding that, in accordance with the law, "these sects" are the same full-fledged acting players of the legal field, as well as "our not sects." There is a strong feeling that such decisions of the courts and city halls will only increase in number to infinity. No matter how you try to understand the logic officials and judges in decision-making, another explanation, except for “what failed", cannot be found.

What should believers do in such situations? Any religion, any faith seeks to spread, that's the point! street events, whatever you want to call them, are needed by almost every denomination. Processions, joint public prayers, evangelism, mini-concerts, distribution of magazines, pamphlets, newspapers or religious books in public places - all these and similar events are subject to the law on rallies. One could simply ignore the requirements of the law and carry out small events without notifying the administration, and many do just that: some out of ignorance, others understand that they will not get approval anyway. But so Thus, all participants in such actions become involuntary lawbreakers, and they can be held accountable, and this is already the reality of our days. Going out into the street as part of a group with flyers or booklets in your hands, you expose yourself to the threat of detention, drawing up protocols and further administrative persecution. This is also confirmed by Inna Zagrebina: “ cases administrative prosecution are not uncommon even now. But after all, this power is no longer limited. There is already information about the initiation of criminal cases .”

One such case recently occurred in Tomsk. 8 people from the local Baptist community took to the city square on January 25 in order to congratulate the townspeople on the New Year and give them the New Testament. All the group was detained, the leader of the group was sentenced to a fine for organizing unauthorized picket. And when everyone already thought that the end of this story passed, it turned out that the police opened a criminal case. Details that is called, it turns out, but the story itself is indicative of the level of absurdity.

So what to do? Legal - wherever you want You can go, but in fact - there is no way to move. Everything according to Mayakovsky.