Resolution of the round table “Problems of religious expertise”

RESOLUTION

based on the results of the round table meeting on the topic:

"Problems of religious expertise"

On February 19, a round table was held in Moscow, organized by the Center for Religious Studies "ReligioPolis", dedicated to the problems of religious studies examination, in which religious scholars, sociologists of religion, lawyers from Moscow, St. Petersburg, Nizhny Novgorod, Tula, Perm, Voronezh, Tyumen, Vladivostok took part. . In the speeches of the participants, issues related to the conduct of religious studies examination were raised and analyzed, and it was also noted that an insufficiently professional, biased approach to conducting religious studies examinations can create serious problems for followers of various religious traditions, complicate the relationship of the state with religious associations and the religious situation in the country generally.

As a result of the discussion, the round table participants adopted this resolution, which draws attention to the relevance of a number of positions regarding the conduct of religious studies examination.

1. Religious expertise is one of the most important tools in regulating relations between the state and religious associations and is designed to assist government bodies, including courts, in resolving a number of issues, including:

1.1. whether the organization is religious;

1.2. establishing the religious affiliation of the organization (that is, determining the religious direction to which it belongs);

1.3. identifying correspondence between declared and actual forms of activity; compliance of cult and non-cult practices with statutory types of activities through monitoring the activities and worship in a religious organization, as well as studying its documents and religious literature;

1.4. resolving the issue of the possibility of state registration of a religious movement or rejecting such a possibility (the task of the state religious studies examination);

1.5. studying the religious literature of an organization, which identifies value orientations, missionary calls, socially significant attitudes in order to differentiate calls of an extremist and non-extremist nature (usually this task is solved in a comprehensive examination, where religious studies examination is only a part, along with linguistic and sometimes psychological parts of the general examination).

The general goal of the religious studies examination is to establish the religious or non-religious nature of the organization, determine the presence of signs of a religious organization, and also, as part of a comprehensive examination (together with the linguistic part), to examine religious literature and draw conclusions that allow the court to detect or not detect elements of extremism in the objects examined by the expert .

2. When conducting a religious examination, the issues of compliance with its general scientific and legal principles, as well as, in a practical aspect, the availability of a general methodology for its implementation, which is based on a unified categorical-conceptual apparatus and specific methods of expert research, generally accepted in modern Russian religious studies, acquire particular importance [1]. This means that religious studies examination is not intended for scientific or political and legal discussions, clarification of various positions that have developed in religious studies on a particular issue, criticism of some positions and support for others, a historiographic review of religious studies works or previous expert opinions, etc. Religious studies examination should be based on a normative, and not a polemically problematized text. Standard texts usually include textbooks, dictionary-encyclopedic and reference-analytical publications, while problem texts include monographs and scientific articles.

The task of religious studies examination is clear answers to questions posed to the expert that do not allow for diversity of interpretation, set out based on sources that need to be analyzed and evaluated, as well as knowledge of the object of study. For example, when studying a religious organization, the expert needs to visit it, get acquainted with its activities, religious practices and relevant documents.

Thus, a religious studies examination is a specialized text in which information about a particular religion - a religious tradition or a religious direction - is presented in a systematic and logical form from a scientific (religious studies) point of view, and which is an extremely laconic answer to the specific questions posed to the expert.

1. The object of religious studies examination is religious associations, their activities, produced, acquired, imported and distributed religious literature, printed, audio and video materials; constituent and other documents; religious curriculum; religious items; materials containing information about the inspection of religious buildings and structures, other objects and premises specially intended for worship, prayer and religious meetings, objects; information about the content of worship services and other religious rites and ceremonies, describing objects of the material world in which the plan of a religious association is realized by various techniques, means and methods.

The subject of a religious examination is the circumstances to be established, in accordance with the specific questions posed to the expert.

The subject of a religious examination is the person or group of persons conducting it.

4. An expert in religious studies can be a person or group of persons whose scientific competence is certified by relevant documents and recognized by the scientific community. The expert must have an academic degree in the field of scientific religious studies and scientific works on religious studies topics, in particular, publications on the field under study, and must also have experience in studying and analyzing the activities of religious associations, the ability to use the methodology for studying religious phenomena in their work, take into account international experience and, finally, have the skills to conduct a religious examination, including the procedure for preparing the examination.

In addition to general religious knowledge, the expert must have special knowledge about specific religious phenomena. In addition to possessing special knowledge, the expert must take an objective, balanced, and devoid of bias position in relation to the object of examination.

The expert must be a specialist who has personal experience in scientific research of the religious associations being examined, which presupposes compliance and provision on the part of the expert simultaneously of two methodological principles:

• empathic comprehension of religious ideas and values ​​of the religious association under study, as well as their dynamic interaction;
• abstinence (“bracketing”) from introducing into the examination one’s personal ideological (including religious) and axiological attitudes – likes and dislikes.

Participation in religious studies examination at any level obliges specialists in the field of scientific religious studies to adhere to a professional agreement (a convention that has the status of an informal norm), which includes the following points:

1. When agreeing to an offer to participate in expert activities as a religious scholar, a specialist must have a clear idea of ​​the possible consequences of using his positive or negative conclusion - both in law enforcement practice and in other situations.

A specialist refuses to participate in the examination if he is given tasks that go beyond his scientific competence and/or professional profile.

2. In any type of religious expert activity, a specialist is guided by the principles of objectivity, impartiality, impartiality and non-judgment.

3. An expert religious scholar subjects any statements and arguments, no matter which side they belong to, to scientific and critical examination.

Expert judgments and conclusions must be based on information confirmed by scientific methods of verification, and expressed in terminology accepted in the professional scientific language of the specialty that the expert represents.

1. In the course of expert activities, a religious scholar may use references to the positions of other specialists that diverge from his own provisions and conclusions. However, these references to other, differing points of view are used only to demonstrate the ambiguity of scientific interpretations to indicate theoretical and methodological differences in approaches and interpretations.

If there are such differences, then in the expert opinion they should not be formulated in the style of polemics and, especially, refutation of the views of other experts on the issues under consideration.

5. The right to challenge the unacceptable point of view of other experts is inalienable for any specialist. However, the specialist exercises this right exclusively outside of religious expert activities.

The optimal form of conducting an objective state examination of religious studies is a collegial review of its text and conclusions, when the results of the expert opinion are submitted for general discussion by a circle of scientists whose competence in this matter is recognized and is not in doubt.

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Proposals from the round table participants:

1. Instruct I.V. Zagrebina, A.V. Pchelintsev and E.S. Elbakyan to prepare a textbook and/or monograph on the problems of religious studies examination and publish it after passing the review procedures.

1. Submit proposals for consideration by authorized government bodies:

2.1. On fixing in regulatory documents the requirements for the qualifications of experts and the content of religious studies examination;

2.2. Add Article 3.1 of the Federal Law “On Combating Extremist Activities”, establishing that the Bible, Koran, Tanakh and Ganjur, their contents and quotes from them cannot be recognized as extremist materials, a norm according to which the Holy Scriptures cannot be recognized as extremist materials all religious organizations registered in the Russian Federation.

SPECIAL OPINION

regarding the contribution of religious researchers to the relationship between religion and the state based on the results of a round table meeting on the topic: “Problems of religious expertise.”

1. State authorities, which in one way or another fall under the jurisdiction of religious associations, must decide why society and the state need to separate such associations into a separate class with a special legal status. The normative definition of religion depends on this, which is not found either in the current legislation of Russia or in the sciences of religion. Without such a definition, it is impossible to unambiguously determine whether this or that association is religious, whether this or that religion is religious, whether this or that ritual is religious, whether this or that education (training) is religious.

2. Any attempt to forcefully unify this field outside of clearly formulated government policy will inevitably lead to arbitrariness: religious scholars using different approaches will give mutually exclusive advice to government officials, and they will make decisions based on their individual understanding. If we try to impose one approach on all researchers of religion, this will inevitably lead to the death of science, its degeneration into a purely political institution, incapable of critically and adequately reflecting reality.

3. Researchers of religion can answer questions from representatives of government authorities, be they judges, prosecutors, investigators, deputies of legislative assemblies or government officials, regarding factual information about a particular association, but they should not make any assessments, be they legal, political , moral, ideological, religious or any other.

4. Researchers of religion should study people's beliefs, and not dictate to them this or that characteristic of these beliefs or participate in such dictate.

Yuri Tikhonravov is a candidate of philosophical sciences, director of the Center for the Study and Development of Intercultural Relations, author of the book “Forensic Religious Studies” (1998).

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[1] As a starting point, in our opinion, “Fundamentals of Religious Studies: A Textbook for Universities” (edited by Doctor of Philosophy, Professor I.N. Yablokov, repeatedly republished by the publishing house “Higher School”), as well as dictionary and encyclopedic publications: “Religious Studies: Encyclopedic Dictionary” (edited by Doctors of Philosophy, Professors A.P. Zabiyako, A.N. Krasnikov, E.S. Elbakyan; - M.: “Academic Project”, 2006) and “Encyclopedia of Religions” (edited by Doctors of Philosophy, Professors A.P. Zabiyako, A.N. Krasnikov, E.S. Elbakyan; - M.: “Academic Project”, 2008).

Sources

• Resolution on the results of the round table "Problems of religious expertise" - February 19, 2016, Moscow // ReligioPolis. 2016. March 1.