Representatives of religious organizations and deputies of the State Duma discussed legislative issues

28 January in the State Duma within the framework of Parliamentary meetings (“Christmas reading”) a round table was held on the topic “Improvement of legislation about religious organizations. We publish a report by Svetlana Solodovnik.

Started from the fact that the head of the Duma Committee on Public Associations and Religious Organizations, Yaroslav Nilov, summed up the results of the past year, which, as he said, was very rich in legislative initiatives, contributing to the activities of various religious organizations. Then followed short list of things done.

IN due to the fact that the new Civil Code came into force, religious organizations were removed from some of his articles, which now gives them the ability to fully function and not encounter problems.

Was period the re-registration for religious organizations in Crimea has been extended.

Accepted amendments , which simplify the work of clergy in places of detention. (Lawyer, editor-in-chief of the magazine "Religion and Law" Anatoly Pchelintsev commented for the SOVA Center on these amendments).

Earned amendments clarifying the concept of "religious group". Now religious groups must be registered with the Ministry of Justice, which makes it possible to control behind them, as well as understanding how many such groups exist, what they do, who is included in them and are not unlawful currents. (“SOVA” published a report prepared by the expert of the center, chairman of the board of the Guild of religion and law Inna Zagrebina legal analysis of these amendments.)

religious organizations funded only from domestic sources were separated from those financed from both internal and external - and for them established different rules for control by the Ministry of Justice. Legislative regulation has given the process greater transparency and openness, while at the same time control over those structures that receive external funding has been strengthened. (Experts The SOVA Center negatively assesses this bill.)

Because the we all recently witnessed a scandal when individual quotations from the Koran were recognized as extremist by one of the courts, the committee promptly met, and representatives of all traditional faiths expressed confidence that in legislation should appear norms that protect the sacred texts. The proposal of the president was also quickly considered - and in the legislation there was a rule that prohibits analyzing for extremism such sacred texts like the Bible, Koran, Tanakh and Kanjur, as well as quotes from them. (SOVA experts consider the law useless. See details here .)

State the Duma adopted in the first reading a draft law related to granting opportunities for such a form of non-profit organizations as foundations to engage in property management of religious organizations in the event that the founder this fund is either a representative or the religious organization itself. In addition, pre-trial demolition of religious property in within the framework of administrative proceedings. Certain adjustments are being made that do not allow disposing of religious property without the consent of the management centralized religious organization. (Doctor of Philosophy, Member of the Expert Council of the State Duma Committee on affairs of public associations and religious organizations Mikhail Shakhov commented for the SOVA Center a draft law submitted to the State Duma. He believes that the law is even more tightens control of centralized religious organizations over property local religious organizations.)

So Thus, Yaroslav Nilov concluded his speech, the state today day there is an understanding of how state-church relations should develop relations, that is, the general line is defined. Adjustments are made to depending on what problems and new challenges emerge. The dialogue that formed, it is necessary to develop and strengthen, he stressed. Thought, on the one hand, is a platform that allows developing this dialogue, on the other hand, will continue to act as a kind of catalyst to speed up some processes.

Noting that the improvement of legislation is one of the forms of this dialogue, Yaroslav Nilov called on the participants of the round table to express their proposals.

speaker following Nilov, the head of the legal service of the Moscow Patriarchate, Ksenia Chernega , noted that the practice removal of religious organizations from the general norms of the Civil Code was outlined back in 2014 year, since religious organizations must carry out their activities in according to its own hierarchical structure, and the state cannot dictate the appointment and replacement of religious personnel, as well as other rules. Ksenia Chernega dwelled in more detail on some legislative initiatives.

IN In 2015, the rule was adjusted according to which non-commercial an income-generating organization must have property with a market value not less than the minimum authorized capital required by law for limited liability companies. The Church advocated that Article 50 of the Civil Code should not apply to religious organizations, because this requirement hindered activities, first of all, rural parishes, which, as a rule, do not own property, and have no money in bank accounts.

Extremely important, noted mother Xenia, is the withdrawal of religious organizations from the effect of Article 53.1 of the Civil Code, which allows the founders of a legal entity demand compensation for losses caused to a legal entity from the head legal entity, from members of the collegial management body of the legal entity. The application of such an article to religious organizations provoked conflicts: parish level, situations could arise when the rector, at the direction of bishop, for example, transfers an additional parish church for the use of another parish, and the founder of the parish files a lawsuit in court that by such actions the rector caused damage to the parish. The abolition of this provision for religious organizations helps to avoid such situations. (The practice of applying data the norms for today have not yet developed - "SOVA".)

Ksenia Chernega expressed satisfaction with the introduction of new rules for the control of activities of religious organizations. Art. 32 of the law "On non-commercial organization" previously required all religious organizations with year of receipt of more than 3 million rubles, submit reports to the justice authorities. Moreover, the reports should contain information on the total amount of expenses for year. With the adoption of the new law, the justice authorities must report only those religious organizations that are funded from abroad, the rest are exempt from this obligation. New essential requirements in a way limit the right of the justice authorities to check the financial and economic activities of any religious organization and request financial documentation during such audits: they can check the financial and economic activities of only those religious organizations that have a foreign financing. As well as those in respect of which from state bodies received information about a violation of the law or the implementation activities marked by signs of extremism and terrorism. (Comments Center "SOVA" see here .)

Art. 32 in the old version gave the right to the justice authorities to request information about financial and economic activities of religious organizations in a large number of different authorities, including banks, Rosfinmonitoring, tax services, etc. Now the list is limited, in particular, banks are excluded from it. The bodies of justice cannot request information from banks on the state of the finances of that or any other religious organization, in particular parishes.

Mother Ksenia also dwelled on the characteristics of federal law No. 261 of 13 July 2015, which abolished the 15-year period as a condition of registration religious group as a local religious organization. Now they can register, get the rights of a legal entity (that is, open bank accounts, act on your own behalf in civil circulation, in court), which was ordered by a 2009 ECtHR judgment. However, as compensation for 10 years are not entitled to establish their own educational organizations, act as founders of mass media, carry foreign missions, carry out divine services in hospitals, in prisons, in orphanages, that is, for a long time will be limited in opportunities, which have at their disposal religious organizations belonging to structures of centralized religious formations. (According to experts "OWLS", the law tightens the legal regulation of the activities of religious groups.)

First Deputy Head of the United Russia faction, President of the Inter-Parliamentary Assembly of Orthodoxy Sergei Popov dwelled on the April amendments to the law "On freedom conscience and religious associations”, which resolved the issue, for many years causing discussions - is it possible to hold services in general education institutions and, if possible, how. Now the framework has been set: worship services can be be carried out where it has historically developed (“in the premises of educational organizations historically used for religious ceremonies”, as it is said in the law - "SOVA").

One of the most revealing laws of 2015 he considers the decision of the Moscow City Duma to exempt religious organizations from paying sales tax on trade carried out in places of worship buildings and structures and on the land plots related to them.

Popov urged other regions to follow this example (what followed by a remark that the law on sales tax is only in Moscow, Petersburg and Sevastopol - nowhere else). He also advised religious organizations to intensify the process of cadastral valuation of buildings and land plots, as 2016 will be a transition year for the tax system Russia.

Primate Russian Orthodox Old Believer Church, Metropolitan of Moscow and All Russ Cornelius asked for help in the case transfer of temples to the Old Believers. The problem is that many of those confiscated in Soviet years of Old Believer churches in Moscow, Moscow region and throughout Russia in the early 1990s were sold and are now private property. The law does not specify the details of the transfer of such temples. « Now we are trying at the highest level to return them, but nothing does not work. There is an owner, we are offered to sue him or pay money for these temples. At the same time, church buildings are often are used by the new owners for other purposes," he stressed. metropolitan "We need some help so we don't butt through the courts and did not picket in the streets. This question is not for us decide, therefore we ask for help from the state ,” said the First Hierarch ROCC.

Imam the Moscow memorial mosque on Poklonnaya Hill Shamil Alyautdinov dwelled on two problems. The first is related to education. Art. 19 of the law "On freedom of conscience and on religious associations" allows only centralized religious organizations to conduct educational activities organizations under license. But in Moscow it so happened historically that the main outreach and educational activities are carried out directly mosques themselves and local religious organizations. local religious organizations usually face problems in obtaining a license for educational activity. In addition, at the slightest excesses, Muslim local religious organizations, there are about 15 of them in Moscow, are subjected to inspections of the prosecutor's office, any educational activity is perceived as prohibited. The imam requested a committee to assist in passing the licensing and developing clearer language to define educational activities so that mosques do not face difficulties and can fully fight religious ignorance.

Second The question was about violations in the production of halal products. « Have become more frequent cases where manufacturers and sellers use the inscription "Halal", but they do not fit scrupulously regarding the observance of the rules of Islam. It turns out that people use a product that is far from this concept ,” Alyautdinov said. He brought the case with the Tsaritsyno meat processing plant, when DNA was found in meat products pork. The manufacturer received a certificate from the international center Halal standardization of the Council of Muftis of Russia. Having discovered such a gross violation, The Council of Muftis terminated the contract with the manufacturer and deprived him of certificate. However, the production turned to another organization and easily got a new one. Imam calls on parliamentarians to legally protect the Halal standard from unscrupulous manufacturers by introducing administrative or other responsibility for manufacturers to avoid violations.

First Deputy Commanding Bishop of ROSHVE (Pentecostals) Konstantin Bendas, noting that Russian law "On freedom of conscience ..." is one of the most democratic, convenient and defending the rights of believers and religious associations, proposed to make its even more convenient: to amend chapter 4 of the law on freedom of conscience "Supervision and control over the implementation of legislation on freedom of conscience." Now there is already an exhaustive list of grounds for unscheduled inspections, he said, but the proposal that was made at the meeting of the expert council of the committee was not taken into account, — on the need for an exhaustive list approved by the Ministry of Justice documents and information about a religious organization that the justice authorities have the right to inquire during verification. This amendment was not included in the law, and today there are already precedents, Bendas said, when inspecting the Pentecostal church, part of the ROSHVE (the last case was recently in Barnaul), demanded list of documents on four pages. The Bishop read some of the points list: information about individuals who are part of the organization; information about the presence and use of the property of the organization, owned, in lease or other right; on the relevant proposals of the Audit Commission; information about structural subdivisions of the organization, departments, ministries, home groups, the purpose of their activities, the quantitative composition and leaders. Without the necessary detail, answering the questionnaire is simple impossible, said Bendas, and asked the committee to consider correction again.

Archbishop Evangelical Lutheran Church Dietrich Brower suggested moving away from the approach taken in the United States, where everyone registers religious groups. Russian legislation also allows registration of a wide variety of religious groups, topics under the guise of religious organizations often hide pseudo-religious, pseudo-church formations. Some of them pretend to be, among other things, the canonical Lutheran church. This not only damages the reputation of the church, but also cripples the souls of the people. That's why the bishop would consider it right to consolidate the concept of "traditional denominations" legislation and find time to discuss this issue again. Thereby protecting traditional confessions from infringements on their good name by pseudo-church organizations, various sects that destroy the personality, and sometimes even driving people to madness and suicide. According to Brouwer, this sense, it is worth paying attention to the experience of Belarus, where the law was developed based on from the recognition of the historical significance of Orthodoxy, Catholicism, Lutheranism, Judaism, Islam in the formation of spiritual, cultural and state traditions people, as well as the need to establish additional guarantees for the protection citizens from the expansion of pseudo-religious sects.

Rabbi, Vice President of the Jewish Congress religious communities and organizations of Russia Zinoviy Kogan suggested remembering not only the rights, but also the duties religious associations and organize free canteens for those in need. « Now hard, a lot of poor people, but few charity canteens. Maybe at every church, every synagogue, every mosque, no matter how small, for 10, 20 people - to make such a free dining room for those who needs. Make simple food, and people will be grateful ,” Zinovy ​​Kogan said.

Member of the State Duma representing Republic of Tatarstan, Ildar Gilmutdinov urged to strictly adhere to the newly enshrined in the law "On freedom of conscience…” the rules for holding services in general education institutions only where it has historically developed. It seems to him deeply infidels to open the entire educational system for religious rituals. He believes that Tatarstan is not ready for such a situation. He also expressed regret that is still in many regions (Vladivostok, Kostroma, Ivanovo) the construction of mosques faces insurmountable difficulties, highlighted land is taken away, new plots are given, but after some time they are also taken away. Gilmutdinov considers such a policy dangerous, it only sets people against authorities.

First Deputy Chairman of the Spiritual Board of Muslims of Tatarstan Rustam Batrov considers it important to preserve the secular character of the Russian state and in every way to strengthen the position of secularism in our society. Only on this platform in conditions of multi-religious and multi-confessionalism in our country, you can build a healthy society, he emphasized. Today, he is concerned about three problems. The first is related to wearing headscarves at school. Muslims still face bans on headscarves. Now this issue is at the mercy of the regions, but in non-Muslim regions believers very often face violations of their fundamental rights. Not only at school, but even in higher education institutions, local acts that forbid people to dress in accordance with their ideas about due. We are constantly talking about traditional values, Batrov noted, but we persecute those girls who try in their daily life these very practice values. Scarves, in his opinion, do no damage. secularity - because the girl will put on a headscarf, the secular nature of the educational institutions will not be disturbed. Especially if there are already divine services in some places can be carried out, but you can’t wear a scarf? Batrov was perplexed. We all need cultivate a culture of mutual respect and tolerance for representatives of others worldviews and religious traditions, he said.

The second question seems to him rather theoretical than practical, nevertheless, he considers it necessary pay attention to the latent atavisms of the religious historical heritage in current secular legislation is a weekend problem. Even the name itself the day off speaks of the religious past - Sunday. For tens millions of Russian Muslims, this creates problems.

The third problem is too early decide in a practical way, but it needs to be raised, Batrov believes, is polygamous marriages. You can treat such marriages differently, you can condemn them or approve, but, in any case, the state should not make a choice for person, he said. Today, in fact, it is imposed on the whole society pro-Christian model of the family, and this creates conflicts from which everyone suffers. For example, very often Muslims live in Russian regions and there too start families, leaving the first family in their homeland. If such a person dies, then legally his second wife is nobody, she is absolutely not protected. That objectively, de facto, there are some social relations that it is necessary to regulate, and not turn a blind eye to them, Rustam Batrov is convinced.

Head of the Legal Service of the Synodal Department of Religious Education and Catechism of the Russian Orthodox Church Elena Zaichikova raised the problem of financing general education organizations with religious component. The state does not finance such schools, as a rule, private, building maintenance and utility costs. It turns out that the burden education for parents who want to raise their children in the faith, harder than for parents of public school children. " We have no legal structure that would give parents the opportunity to exercise their rights, enshrined in the Constitution, and this issue needs to be addressed ," summed up Elena Zaichikov.

Sources

• Inc. inf.