“The reasons for the next persecution of religious minorities are expanding” - Andrey Sebentsov on a possible ban on missionary work

We publish commentary by Andrey Sebentsov, specialist in constitutional law, dedicated to the draft law of Ozerov-Yarovaya, concerning, among other things, missionary activity.

A project from those that do not lend themselves criticism from the standpoint of sanity, because they have too little in common with them. The constitutional right of everyone to seek and disseminate information, the right everyone to have and disseminate religious and other beliefs (Articles 28-30 of the Constitution of the Russian Federation), the right to association for authors does not exist. Article 55 (part 2), prohibiting the enactment of laws that abolish or diminish human rights, they indifferently despised.

A possible common sense approach to protection against extremism under the guise of missionary work must strictly adhere to Article 55 (part 3) and Article 29 (part 2) of the Constitution of the Russian Federation, and the concept of "extremism" would be necessary get rid of today's vagueness. Which is hardly real.

Looks completely wild prohibition of missionary activity in residential premises - and so the current the wording of the law is highly discriminatory for religious groups, leaving them housing, in fact, as the only place for free activity.

The legislator would do well to raise Resolution of the Constitutional Court of the Russian Federation of October 30, 2003, which states, that it “cannot exercise such regulation as would infringe on the very the essence of this or that right would lead to the loss of its real content. Public interests listed in Part 3 of Art. 55 Constitutions can justify legal restrictions on rights and freedoms, only if such restrictions meet requirements of fairness, are adequate, proportionate, proportionate and necessary for the protection of constitutionally significant values. IN The Decree also contains other limits of permissible regulation, beyond which this project is clearly coming out.

It appears that the real danger from the propaganda of extremism in the forms of Islamic missionary work by the bill is not eliminated, but the reasons for the next persecution of religious minorities are expanding in the most significant way.

I will add that the definition missionary work failed. This is a question, for a reasonable solution of which it is necessary involvement in the discussion and obtaining the consent of religious organizations. This follows from a sound approach to legislative activity, which should not give rise to senseless conflicts, and Art. 8 paragraph 7 of the Federal Law “On Freedom of Conscience and on Religious Associations” (“Bodies state authorities when considering issues affecting the activities religious organizations <…> provide relevant religious organizations the opportunity to participate in the consideration of these issues”).