The Moscow City Court overturned the decision of the court of first instance, which prohibited believers from gathering for prayer in a communal apartment

The Moscow City Court overturned the decision of the Ostankino Court of Moscow, which on January 29, 2019 banned the activities of a religious group of Evangelical Christians (“Pentecostals”) based on a complaint from neighbors in a communal apartment.

April 4, 2019 Moscow the city court overturned the decision   Ostankino Court of Moscow, which on January 29, 2019 banned the activities of a religious group Evangelical Christians ("Pentecostals") on the basis of a complaint from neighbors in communal apartment. We are talking about the so-called "case of the Ageevs."

Recall that the room in which the meetings were held believers, is owned by one of the members of the community. His neighbor in communal apartment, addressing the prosecutor's office, wrote: “ I feel uncomfortable, when they are praying there .” The text of the decision of the Ostankino court explains, that the ban on holding liturgical meetings in a communal apartment is justified that the neighbors (plaintiffs) are not members of the religious group that these gatherings conducts, and did not give their consent to conduct in a communal apartment worship, religious rites and ceremonies.

During the appeal, the lawyer managed to prove that “ in the decision court made the erroneous conclusion that services were held in the whole apartment, that does not correspond to the evidence presented ” (meetings were held on Sunday afternoons in the faithful's room, attended by 8 to 15 people).

“ If with a court decision and could agree, then only in the part concerning the total share property of the owners of the rooms , - says lawyer Konstantin Andreev. - However, no such claims were made by the plaintiffs. A ban was required activity in room No. 3 (where the believers lived - ed.)”.

The lawyer also recalled that, according to the law "On freedom conscience” (item 2, article 16), divine services, other religious rites and ceremonies are freely committed in residential premises (that is, in a residential building or in part of a residential at home, in an apartment or in a part of an apartment and in a room).

Sources

• Victory in Moscow over the Yarovaya Law // Blog of lawyer Konstantin Andreev. April 4, 2019