Description of the procedure for creating a centralized religious organization. Registration of religious organizations
1. The founders of a local religious organization may be at least ten citizens of the Russian Federation united in a religious group that has a confirmation of its existence in the given territory for at least fifteen years, issued by local governments, or a confirmation of entry into the structure of a centralized religious organization of the same religion, issued by the specified organization. 2. Centralized religious organizations are formed when there are at least three local religious organizations of the same confession in accordance with their own regulations of religious organizations, if such regulations do not contradict the law. Paragraphs 1-2 I. The procedure for creating a religious organization differs depending on what kind of religious organization is being created - local or centralized (paragraphs 3 and 4 of article 8 of the Law on Freedom of Conscience and on Religious Associations). In paragraph I of the commented article, the legislator established requirements for the founders of a local religious organization. At least 10 citizens of the Russian Federation united in a religious group can create a local religious organization. So, the founders of a local religious organization, firstly, can be citizens belonging to a particular creed (confession), united in a religious group. This requirement is in accordance with Art. 6 of the commented law, in which one of the signs of a religious association is the presence of religion. Secondly, the number of citizens belonging to the same religious group who expressed a desire to establish a local religious organization must be at least 10 (for comparison: according to the legislation of the USSR, 20 founders were required to organize a local religious organization). At the same time, we note that the legislation of the Russian Federation does not establish any additional requirements and restrictions for citizens who decide to create a religious group - neither in terms of numbers, nor in terms of age qualifications, nor in terms of citizenship of the Russian Federation, etc. (Article 7 of the Law on Freedom of Conscience and on Religious Associations). A religious group that has decided to transform into a local religious organization, starting the state registration procedure, must have at least 10 members who have reached the age of 18 and permanently reside in the same locality or in the same urban or rural settlement (paragraph 3 of article 8 commented law). It should be noted that according to par. I st. 6 and paragraph I, Art. 8 of the Law on Freedom of Conscience and on Religious Associations, participants in a religious association, including a religious organization, along with citizens of the Russian Federation, may also be other persons permanently and legally residing in the Russian Federation. “Other persons” means foreign citizens and stateless persons (stateless persons) who, in accordance with the established procedure, have received permanent residence permits and residence permits in the Russian Federation. At the same time, in accordance with paragraph I of Art. 9 of the commented law, only citizens of the Russian Federation can be founders of a local religious organization. The question of the age limit for the founders of a local religious organization also requires clarification. Directly from the text of Art. 9, which contains an exhaustive list of requirements for founders, it does not follow that the legislator has ruled out the possibility of citizens under the age of 18 participating as founders of a religious organization. Moreover, the federal legislation itself contains examples that allow the participation of minors as founders of non-profit organizations (for example, in accordance with Article 7 of the Law of the Russian Federation of June 19, 1992 No. 3085-1 “On consumer cooperation (consumer societies, their unions) in the Russian Federation” founders of a consumer society may be citizens who have reached the age of 16). An indication of the age of members of a religious organization, contained in paragraph 3 of Art. 8 of the commented law (“... a religious organization consisting of at least ten members who have reached the age of eighteen years is recognized as a local religious organization ...”) does not eliminate the gap that has arisen in the legal regulation of relations for the creation of a religious organization in terms of application to its founders age limit. The ambiguity of the relevant legal prescription requires its prompt elimination by the legislator. 2. The practice of unlawful application to the founders of local religious organizations of the requirements established for members of local religious organizations testifies to the inadmissibility of eliminating any gap and other shortcoming in the legislative regulation of relations on the creation of a religious organization through the application of norms by analogy. The provision of paragraph 3 of Art. 8 of the Law on Freedom of Conscience and on Religious Associations, which contains a requirement addressed to members of a local religious organization to reside “in the same locality or in the same urban or rural settlement,” state registration authorities often transfer to the founders of a local religious organization. Thus, the Office of the Ministry of Justice of Russia for the Kamchatka Region and the Koryak Autonomous Okrug filed a lawsuit to liquidate the Spiritual Administration of Muslims of the Asian part of Russia “The Religious Association of Muslims of the Kamchatka Region”, referring to the fact that during the creation of the mentioned religious organization “gross violations of the law were committed, of an irreducible nature." In particular, it was pointed out that the founders of a local religious organization do not live in the same locality or in the same urban or rural settlement, as required by paragraph 3 of Art. 8 of the Law on Freedom of Conscience and on Religious Associations. By decision of the Kamchatka Regional Court, the application was left without satisfaction. In the cassation complaint of the Office of the Ministry of Justice of Russia for the Kamchatka Region and the Koryak Autonomous Okrug, the question was raised about the cancellation of the decision as made with “gross violation of substantive law”. The Supreme Court of the Russian Federation left the decision of the Kamchatka Regional Court unchanged, and the cassation appeal of the justice body was not satisfied. Ruling of the Supreme Court of the Russian Federation No. 60-G04-3 dated February 6, 2004 states that the court made the correct conclusion that “all the founders of the organization live in the same locality (Kamchatka Oblast), i.e. on one part of the territory, characterized by a common natural, historical, cultural and other features. The Supreme Court of the Russian Federation also pointed out that the Law on Freedom of Conscience and on Religious Associations, in contrast to the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, does not establish conditions under which the activities of a local religious organization are limited to the territory municipality. 3. In addition to the commented requirement for the founders of a local religious organization - at least 10 citizens of the Russian Federation united in a religious group - the legislator has established one more requirement, the fulfillment of which is necessary for the creation of a religious organization. The founders must confirm that the religious group of which they are members has existed in this territory for at least 15 years, or provide confirmation of its entry into the structure of a centralized religious organization of the same religion, issued by the specified organization. The law does not regulate the procedure for registering religious groups with local self-government bodies, issuing the required confirmation, and the form of this document. In this regard, as noted in paragraph 2 of the Methodological Recommendations of the Ministry of Justice of Russia, it is advisable to regulate this procedure by the relevant regulatory legal act of the constituent entity of the Russian Federation. Evidence of the existence of a religious group, on the recommendation of the Ministry of Justice of Russia, must be presented to the local government by the group itself in the form of state registration data and local records of the former Council for Religious Affairs under the Council of Ministers of the USSR, archival materials, court decisions, testimonies and other forms of evidence ( letter of the Ministry of Justice of Russia dated December 24, 1997 No. 08-18-257-97).
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Only such form of religious association as a religious organization can be a legal entity in the Russian Federation. The religious association Art. 6 of the Law "On Freedom of Conscience and on Religious Associations" recognizes a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing on the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith and having the following characteristics corresponding to this goal:
religion;
performing divine services, other religious rites and ceremonies;
teaching religion and religious education of their followers.
Art. 8 of the Law accordingly defines a religious organization as a religious association registered as a legal entity. A religious organization is also recognized as an institution or organization created by a centralized religious organization in accordance with its charter, having the purpose and features that are provided for in paragraph 1 of Article 6 of this Federal Law, including the governing or coordinating body or institution, as well as an institution of professional religious education ( part 6 article 8).
If the citizens who formed a religious group intend to further transform it into a religious organization (and obtain the status of a legal entity), then they must notify local governments of its creation and start of activity (Part 2, Article 7 of the Law "On Freedom of Conscience and religious associations).
It should be noted that the creation of religious associations in state authorities, other state bodies, state institutions and local governments, military units, state and municipal organizations is prohibited. The creation and activities of religious associations whose goals and actions are contrary to the law are also prohibited.
Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. A local religious organization is a religious organization consisting of at least ten members who have reached the age of eighteen and permanently reside in the same locality or in the same urban or rural settlement (part 3 of article 8 of the Law). A centralized religious organization is a religious organization that, in accordance with its charter, consists of at least three local religious organizations (Part 4, Article 8).
A centralized religious organization whose structures have operated legally on the territory of the Russian Federation for at least fifty years at the time of the application of the said religious organization to the registration authority with an application for state registration is entitled to use the words "Russia", "Russian" and derivatives in their names. from them.
The name of a religious organization must contain information about its religion. A religious organization is obliged to indicate its full name when carrying out activities. In addition, according to Art. 54 of the Civil Code of Russia, the name must contain an indication of its organizational and legal form (religious organization) and the nature of the activity of the legal entity. This name is indicated in the constituent documents of a religious organization.
The founders of a local religious organization may be at least ten citizens of the Russian Federation united in a religious group that has a confirmation of its existence in the given territory for at least fifteen years, issued by local governments, or a confirmation of entry into the structure of a centralized religious organization of the same religion issued by the specified organization (Article 9 of the Law "On Freedom of Conscience and Religious Associations"). Religious organizations that do not have a document confirming their existence in the relevant territory for at least fifteen years enjoy the rights of a legal entity, subject to their annual re-registration before the specified fifteen-year period (Article 27 of the Law).
Centralized religious organizations are formed when there are at least three local religious organizations of the same confession in accordance with their own regulations of religious organizations, if such regulations do not contradict the law. Thus, the main element is local religious organizations. The centralization of a religious organization should not be understood as its location in Moscow or any other administrative center. A centralized religious organization can be located, for example, in Kem, it is simply formed by three local religious organizations located, say, in Sokol, Rabocheostrovsk and Kem itself.
The created religious organization acts on the basis of the charter, which is approved by its founders or a centralized religious organization and which must meet the requirements of the civil legislation of the Russian Federation.
The charter of a religious organization specifies (Part 2, Article 10):
name, location, type of religious organization, religion and, in case of belonging to an existing centralized religious organization, its name;
goals, objectives and main forms of activity;
the procedure for the creation and termination of activities;
the structure of the organization, its management bodies, the procedure for their formation and competence;
sources of formation of funds and other property of the organization;
the procedure for introducing amendments and additions to the charter;
the procedure for disposing of property in the event of termination of activities;
other information related to the specifics of the activities of this religious organization.
The decision on the state registration of a religious organization is made by the judicial authorities.
State registration of a local, as well as a centralized religious organization, consisting of local religious organizations located within the same subject of the Russian Federation, is carried out by the justice authority of the corresponding subject of the Russian Federation. That is, the centralized religious organization in Kem from our example must be registered by the Ministry of Justice of the Republic of Karelia.
The federal body of justice registers centralized religious organizations that have local religious organizations in the territories of two or more subjects of the Russian Federation (to continue our example, this would happen if this religious organization had another local religious organization in the Murmansk region).
State registration of religious organizations formed by centralized religious organizations in accordance with paragraph 6 of Article 8 of the Law (an institution or organization created by a centralized religious organization in accordance with its charter, having the purpose and characteristics provided for in paragraph 1 of Article 6 of the Law, including the governing or coordinating body or institution, as well as an institution of professional religious education), is carried out by the judicial authority that has registered the relevant religious organization.
For state registration of a local religious organization, the founders must submit to the relevant justice authority:
Application for state registration in the form approved by the Government of the Russian Federation, signed by the applicant, whose signature is notarized
List of persons (founders) creating a religious organization of the established form.
The charter of the religious organization in triplicate.
Copies of the charter must be executed in typewritten form, identical, numbered, stitched and certified by the governing body (head) of the religious organization.
Minutes of the constituent assembly containing information on the date and place of the meeting, the number and personal composition of participants and working bodies, the substance of the decisions made (on the creation of a religious organization, the adoption of its charter, the election of governing bodies) and the results of voting on them.
A document confirming the existence of a religious group in a given territory for at least fifteen years, issued by a local government, or confirming its membership in a centralized religious organization, issued by its governing center.
Information about the fundamentals of the doctrine and the practice corresponding to it, including the history of the emergence of the religion and this association; about the forms and methods of its activity; about the attitude to family and marriage, to education; peculiarities of attitude towards health of the followers of this religion; restrictions for members and employees of the organization regarding their civil rights and obligations.
Information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out.
In the event that the higher governing body (center) of the religious organization being created is located outside the Russian Federation, the charter or other fundamental document of the foreign religious organization, which is certified by the state body of the state where this organization is located, is additionally submitted.
If the higher governing body (center) of the religious organization being formed is located outside the Russian Federation, in addition to the documents specified in paragraph 5 of this article, the charter or other fundamental document of the foreign religious organization, which is certified by the state body of the state where this organization is located, is submitted in the prescribed manner. (Part 6, Article 11 of the Law "On Freedom of Conscience and Religious Associations").
The grounds for state registration of centralized religious organizations, as well as religious organizations formed by centralized religious organizations, are:
Description of documents and information submitted for state registration.
Application for state registration in the prescribed form.
List of founders of a religious organization (legal entities).
copies of the charter and the document on state registration of the founder (founders) are notarized.
The charter of the religious organization to be created in triplicate, approved by its founder (founders).
The relevant decision of the competent body of the founder (founders), drawn up in the form of a protocol of a general meeting, conference, congress, etc. in compliance with the requirements for this type of legal documents.
Information about religious organizations that are part of the structure of the religious organization being created, with copies of charters and certificates of state registration of at least three local religious organizations that are part of its structure.
Information about the address (location) of the permanent governing body of the organization being created, through which communication with the religious organization is carried out.
In the event that the higher governing body (center) of the religious organization being created is located outside the Russian Federation, the charter and registration document certified by the relevant body of another country are submitted.
Document confirming the payment of the state fee.
When creating a centralized religious organization, the founder(s) shall also submit the statutes of at least three local religious organizations included in its structure, and information on other religious organizations included in the specified structure.
An application for state registration of a religious organization created by a centralized religious organization or on the basis of a confirmation issued by a centralized religious organization is considered within one month from the date of submission of all required documents. In other cases, the registration authority has the right to extend the term for consideration of documents up to six months for the state religious expertise. The procedure for conducting a state religious expertise is established by the Government of the Russian Federation. Note that such an examination (as well as any examination in general) is not required for other legal entities.
Religious organizations occupy a special position among legal entities. Their peculiarity lies in the fact that they are created on the basis of the spiritual association of citizens for the confession and preaching of a certain faith. It is for this reason that the Church has, and especially had previously, a serious ideological advantage. Its authority extends to a large number of the population, despite the fact that today the trend towards a gradual increase in the total number of believers is gaining momentum. This was especially significant in medieval society, where the religious factor was decisive in the construction of everyday life and communication between people.
Such an important advantage could not but affect the relationship between church and state. History is full of examples of conflicts flaring up between these two significant institutions of the political system of society for the possession of both political and religious power. There were also cases of cooperation between church and state.
Today, the relationship between secular and ecclesiastical authorities has changed markedly. Most of the developed democratic states have officially proclaimed the independence of both these authorities, the delimitation of their tasks and spheres of action. In the constitutions of a large number of states, there is no mention of the official (state) religion, which indicates an equal attitude of the state to various faiths.
At the same time, the so-called theocratic states remain in the East, in which religion (as a rule, Islam) has a serious impact on the formation and operation of state institutions, the functioning of the entire political system of society. The main source of the rules of public and, in particular, state life in such states is not a legal document, but a religious source.
Russian Federation, according to Art. 14 of the Constitution of the Russian Federation, is a secular state, i.e. "no religion can be established as a state or obligatory." The concrete embodiment of this constitutional principle is the guaranteed right of everyone to a free choice of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them (Article 28 of the Constitution RF). The exercise of this right must not violate the rights and freedoms of other persons, i.e. Propaganda or agitation that incites religious hatred and enmity, religious superiority is not allowed.
The legal form of the existence of religious groups in Russia is a religious association. According to Art. 6 of the Federal Law of September 26, 1997 N 125-FZ "On Freedom of Conscience and Religious Associations" *(122) a religious association in Russia is a voluntary association of citizens of the Russian Federation, other persons permanently or legally residing in the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith and having the following characteristics corresponding to this purpose: religion; performing divine services, other religious rites and ceremonies; teaching religion and religious education of their followers. Religious associations may exist in the form of religious organizations and religious groups.
A religious group is a voluntary association of citizens formed for the purpose of joint confession and dissemination of faith, operating without state registration and acquiring the legal capacity of a legal entity (Article 7 of the Law on Religious Associations).
A religious organization is a voluntary association of citizens of Russia, other persons permanently and legally residing on the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith and, in accordance with the procedure established by law, registered as a legal entity.
In accordance with Art. 8 of the Law on Religious Associations, religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. A local religious organization is considered when it consists of at least ten members who have reached the age of eighteen and permanently reside in the same locality or in the same urban or rural settlement. A religious organization is considered to be centralized if it consists, in accordance with its charter, of at least three local religious organizations.
Religious organization is recognized: 1) an institution or organization created by a centralized religious organization in accordance with its charter, having the goals and characteristics of a religious association; 2) the governing or coordinating body or institution of a centralized religious organization; 3) an institution of professional religious education. Under the institution of professional religious education in accordance with Art. 19 of the Law on Religious Associations, it is customary to understand spiritual educational institutions created by religious organizations in accordance with their charters for the training of ministers and religious personnel, who must be properly registered as religious organizations and obtain a state license for the right to educational activities.
Thus, one of the differences between the two forms of religious associations is the need for their state registration as a legal entity. Since a religious organization has more powers than religious groups, the law pays closer attention to them. One of the manifestations of this attentiveness is the state registration of such an organization as a legal entity. Let us consider the specific features of their state registration in contrast to the state registration of most legal entities.
The body that decides on the state registration of a religious organization, Part 2 of Art. 11 of the Law on Religious Associations recognizes the federal executive body authorized in the field of state registration of public associations, or its territorial body. As mentioned earlier, such a body is the Federal Registration Service with its territorial offices.
To determine the place of state registration of religious organizations, it is necessary to be guided by paragraphs 1-4 of Art. 11 of the Law on Religious Associations:
1) the decision on state registration - a) of a local religious organization, b) of a centralized religious organization that has local religious organizations on the territory of one subject of the Russian Federation - is made by the territorial body of the Federal Registration Service in the corresponding subject of the Russian Federation;
2) the decision on state registration of a centralized religious organization that has local religious organizations in the territories of two or more constituent entities of the Russian Federation is taken by the Federal Registration Service itself;
3) the decision on state registration of already existing religious organizations - a) institutions or organizations, b) the governing or coordinating body or institution, c) institutions of professional religious education - is taken by the body that made the decision on state registration of the relevant religious organization.
As mentioned, all religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. But the legislative definitions do not contain a clear distinction based on this criterion. The law indicates only the place of residence of the participants of the local organization - "in one locality or in one urban or rural settlement." The duty of a religious organization to establish the territorial limits of its activities is not enshrined in the law. It seems possible to solve this problem based on the meaning of the Law on Religious Associations and a number of other normative legal acts adjacent to it. In this case, it should be recognized that the territorial sphere of activity of a local religious organization is the territory of the corresponding urban, rural or other settlement or intracity territory of a city of federal significance *(123) ), and the centralized organization - the territory of the constituent entities of the Russian Federation, where there are local organizations included in its structure *(124) . At the same time, it is important to remember that the creation of religious associations in state institutions and military units is prohibited (clause 3, article 6 of the Law on Religious Associations).
Since the legislation on religious associations does not provide for a list of applicants for state registration of religious organizations, it is the list of applicants for state registration of ordinary legal entities, enshrined in the Registration Law.
At the same time, it is necessary to take into account certain specific points enshrined in the Law on Religious Associations. So, in accordance with Art. 9 of this Law, the founders of a local religious organization may be at least ten citizens of the Russian Federation united in a religious group. Particular attention should be paid to the fact that the law names only a citizen of the Russian Federation as the founder of a local religious organization. However, this does not exclude the possibility of foreign citizens and stateless persons (if they permanently and legally reside in the Russian Federation), along with citizens of the Russian Federation, to be members of this organization (clause 1, article 6 and clause 1, article 8 of the Law on Religious Associations) . The founders of a centralized religious organization can only be at least three local religious organizations of the same confession in accordance with their own regulations of religious organizations, if such regulations do not contradict the law. At the same time, the association (union, association) of religious organizations of different religious affiliations will be recognized on the basis of paragraph 2 of Art. 121 of the Civil Code of the Russian Federation, a non-profit organization that does not have a religious status, since it does not have the main feature of any religious organization - a joint confession of faith.
The question may also arise about the permanent executive body of a religious organization. The Law on Religious Associations does not establish any requirements for its formation and functioning. At the same time, it is imperatively stipulated that this information should be reflected in the charter of a religious organization (clause 2, article 10).
In the Guidelines on the application by the justice authorities of certain provisions of the Federal Law "On Freedom of Conscience and on Religious Associations", approved by the Letter of the Ministry of Justice of the Russian Federation of December 24, 1997 N 08-18-257-97, it is noted that foreigners can also act as leaders of religious organizations. citizens and stateless persons, if they permanently or legally reside in the territory of the Russian Federation. Accordingly, foreign citizens and stateless persons temporarily residing in the Russian Federation cannot lead a religious organization. At the same time, according to paragraph 2 of Art. 20 of the Law on Religious Associations, religious organizations, in accordance with the established procedure, have the right to invite foreign citizens to engage in professional, preaching, religious activities. At the same time, foreign citizens temporarily staying in Russia have the right to carry out this activity without registration of participation in the organization and without filling any positions in its governing bodies, since, based on the above provisions of the Law, they cannot be members of religious organizations *(125) .
Legislation on religious associations does not establish any cumbersome requirements for the creation of religious organizations. Article 9 of this Law indicates only the mandatory presence of ten founders to create a local religious organization and three local religious organizations to create a centralized religious organization. When creating a local religious organization, its founders must have any of the following documents: 1) confirmation of the existence of a religious group in a given territory for at least fifteen years, issued by local governments; 2) confirmation of entry into the structure of a centralized religious organization of the same religion, issued by the specified organization. Thus, the following conclusion is important: a local religious organization cannot be registered as a legal entity if it has not existed for at least 15 years as a religious group. An exception to this requirement is the creation of a local religious organization that is part of the structure of a centralized religious organization of the same denomination.
In order to go through the procedure of state registration of a local religious organization upon its creation, the following documents must be submitted to the authorized state body:
2) a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth, submitted in the form approved by the Appendix to the Order of the Ministry of Justice of the Russian Federation of March 25, 2003;
3) the minutes of the constituent assembly, containing information on the date and place of the meeting, the quantitative and personal composition of participants and working bodies, the substance of the decisions made (on the creation of a religious organization, the adoption of its charter, the election of governing bodies) and the results of voting on them;
4) a document confirming the existence of a religious group in a given territory for at least fifteen years, issued by a local self-government body, or confirming its membership in a centralized religious organization, issued by its governing center;
5) information about the basics of the dogma and the practice corresponding to it, including the history of the emergence of religion and this association, the forms and methods of its activity, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of the followers of this religion, restrictions for members and employees of the organization in relation to their civil rights and obligations;
6) information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out;
This list is exhaustive and cannot be changed or supplemented except by amending Article 11 of the Law on Religious Associations. At the same time, the previously mentioned Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68, which approved the Rules for Considering Applications and Making a Decision on the State Registration of Religious Organizations by the Ministry of Justice of the Russian Federation and its territorial bodies, applied in practice, in paragraph 5 of these Rules fixes the need to submit to the body making a decision on registration, another document - an inventory of documents and information submitted for state registration.
For state registration of centralized religious organizations, as well as religious organizations formed by centralized religious organizations, the body that makes the decision on registration shall submit:
1) an application for registration in the form approved by Decree of the Government of the Russian Federation of April 15, 2006 N 212;
2) a list of founders of a religious organization (legal entities) - submitted in the form approved by the annex to the Order of the Ministry of Justice of the Russian Federation of March 25, 2003;
3) the charter of the religious organization being created, approved by its founder (founders);
4) information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out;
5) notarized copies of the charter and the document on state registration of the founder (founders);
6) the relevant decision of the authorized body of the founder (founders), drawn up in the form of a protocol of a general meeting, conference, congress, etc. in compliance with the requirements for this type of legal documents;
7) a document confirming the payment of the state fee.
In addition, when creating a centralized religious organization, the founder(s) shall also submit the statutes of at least three local religious organizations included in its structure, and information on other religious organizations included in the said structure, with copies of their statutes and state registration certificates attached.
In the event that the higher governing body (center) of the religious organization being formed is located outside the Russian Federation, in addition to the documents indicated above, the charter or other fundamental document of the foreign religious organization, which is certified by the state body of the state where this organization is located, is submitted in the prescribed manner.
In accordance with the Order of the Ministry of Justice of March 25, 2003, an inventory of documents and information submitted for state registration should be attached to the documents.
All documents, with the exception of the charter of a religious organization, are submitted in two copies. The charter is presented in triplicate.
Documents and other materials (for registration of both local religious organizations and centralized ones) must be drawn up in Russian, the state language of the Russian Federation.
Documents emanating from organizations and institutions of foreign states that are parties to the Hague Convention of 1961, unless otherwise provided by treaties and agreements of the Russian Federation with foreign states, are accepted for consideration if they have a special stamp "apostille" (certificate), which certifies the authenticity of the signature, the quality in which the person who signed the document acted, and the authenticity of the seal or stamp with which this document is attached. Official documents and acts emanating from organizations and institutions of foreign states that are not parties to the Hague Convention of 1961, unless otherwise provided by the current treaties and agreements of the Russian Federation with foreign states, are accepted for consideration in the presence of consular legalization, which is carried out by consular institutions of the Russian Federation abroad and the Consular Department of the Ministry of Foreign Affairs of the Russian Federation. Official documents and acts emanating from the countries of the Commonwealth of Independent States, in accordance with the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, are accepted for consideration without a special certificate, if such documents and acts are prepared and certified by an institution or a specially authorized by a person within their competence, in the prescribed form and sealed with a stamp.
Particular attention should be paid to the charter of a religious organization. Article 10 of the Law on Religious Associations enshrines the requirement that the charter must contain the following information:
1) name, location, type of religious organization, religion, and in case of belonging to an existing centralized religious organization, its name;
2) goals, objectives and main forms of activity;
3) the procedure for the creation and termination of activities;
4) the structure of the organization, its management bodies, the procedure for their formation and competence;
5) sources of formation of funds and other property of the organization;
6) the procedure for introducing amendments and additions to the articles of association;
7) the procedure for disposing of property in the event of termination of activities;
8) other information related to the specifics of the activities of this religious organization.
In addition, according to the Order of the Ministry of Justice of March 25, 2003, copies of the charter must be typewritten, identical, numbered, stitched and certified by the governing body (head) of the religious organization.
Particular attention should be paid to the terms of registration of religious organizations. According to paragraph 8 of Art. 11 of the Law on Religious Associations, the decision to register or solution on the refusal to register a religious organization created by a centralized religious organization or on the basis of a confirmation issued by a centralized religious organization is accepted within one month from the date of submission of all necessary documents. In other cases, the decision-making body has the right to extend the term for consideration of documents up to six months for the state religious expertise.
The Order of the Ministry of Justice of March 25, 2003 N 68 does not fix the norms regulating the procedural procedure for the adoption by the authorized body of a decision on the registration of a religious organization or a decision to refuse such registration, in contrast to how it is carried out with respect to the state registration of public associations.
At the same time, the Law on Religious Associations provides for the so-called religious expertise, which is carried out, if necessary, by the body that registers a religious organization. The legal regulation of conducting religious studies expertise is carried out by Decree of the Government of the Russian Federation of June 3, 1998 N 565 "On the Procedure for Conducting State Religious Studies Expertise" *(126) .
According to this normative act, the state religious expertise is carried out by decision of the body that decides on the registration of a religious organization, when registering a centralized religious organization or a local religious organization that does not have confirmation of membership in a centralized religious organization of the same religion, issued by a centralized organization, in the event of a the body that registers a religious organization needs to conduct an additional study to recognize the organization as a religious organization and verify the accuracy of information regarding the foundations of its dogma and the practice corresponding to it.
The main tasks of the examination are: 1) determining the religious nature of the registered organization on the basis of the submitted constituent documents, information about the basics of its dogma and the corresponding practice; 2) checking and evaluating the reliability of the information contained in the materials submitted by the religious organization regarding the fundamentals of its doctrine.
Examination is carried out by expert councils formed for this purpose. In case of state registration of a centralized religious organization that has local religious organizations in the territories of two or more constituent entities of the Russian Federation, the examination is carried out by an expert council formed by the Ministry of Justice of the Russian Federation. The legal status of such a council is determined by the Regulations on the expert council for conducting state religious expertise under the Ministry of Justice of the Russian Federation *(127) .
In accordance with this departmental act, the main tasks of the Council during the examination are: 1) determining the religious nature of the registered organization on the basis of the submitted constituent documents, information about the basics of its dogma and the corresponding practice; 2) checking and evaluating the reliability of the information contained in the fundamentals of dogma and other documents submitted by the religious organization; 3) clarification of other issues arising in the course of state registration of religious organizations that require expert assessment.
At the request of the bodies of the constituent entity of the Russian Federation that decide on the registration of religious organizations, the examination is carried out by expert councils formed by the executive authorities of the relevant constituent entities of the Russian Federation. If necessary, the body of the constituent entity of the Russian Federation that decides on registration is entitled to apply for an opinion to the expert council formed by the Ministry of Justice of the Russian Federation.
The composition of expert councils (approved by both the Ministry of Justice of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation) is formed from employees of public authorities, specialists in the field of religious studies and specialists in the field of relations between the state and religious associations. Experts who are not its members, as well as representatives of religious organizations, may be involved as consultants in the work of the expert council.
The request for an examination is sent to the expert council by the body that decides on the registration of a religious organization, with copies of the documents provided for by Article 11 of the Federal Law "On Freedom of Conscience and Religious Associations" submitted by the religious organization for state registration. In its request, the registration authority must justify the need for an examination, as well as identify issues that require an expert assessment. If the request is not based on the law, it is not subject to consideration, of which the expert council notifies the body that sent the request.
The examination is carried out within three months from the date of receipt of the request to the expert council (ie from the date of actual receipt of documents by the council). If it is necessary to obtain clarifications on the submitted documents from religious organizations, as well as additional materials and information through the diplomatic institutions of the Russian Federation in foreign states, executive authorities, the period for the examination may be extended by a month with notification of the body that decides on the registration of a centralized religious organization. organizations. In the course of its activities, the expert council has the right to request and receive from executive authorities, public and religious organizations the information necessary for conducting an examination on issues within their jurisdiction.
Consideration of the request of the body that decides on the registration of a religious organization, concerning a particular religious organization, is carried out, as a rule, in the presence of its authorized representative, who is invited in advance to the corresponding meeting of the expert council. If a representative of a religious organization fails to appear at a meeting of the council, the expert opinion may be adopted in his absence.
Based on the results of the examination of the submitted documents, the expert council adopts an expert opinion containing reasonable conclusions regarding the possibility (impossibility) of recognizing the organization as a religious organization and the reliability of information regarding the foundations of its dogma and the corresponding practice. An expert opinion is considered accepted if it is approved by a majority of the members of the expert council. An expert opinion in writing is sent to the body that decides on the registration of a centralized religious organization, with copies of the materials used in the examination and the minutes of the corresponding meeting of the expert council attached.
As a result of the procedural actions taken, the body of the Federal Registration Service takes one of the following decisions: 1) a decision to refuse registration of a religious organization; 2) a decision to register a religious organization.
Denial of state registration of a religious organization, in accordance with Art. 12 of the Law on Religious Associations, is possible in cases where:
1) the goals and activities of the religious organization are contrary to the Constitution of the Russian Federation and the legislation of the Russian Federation - with reference to specific articles of laws;
2) the organization being created is not recognized as a religious one;
3) the charter and other submitted documents do not comply with the requirements of the legislation of the Russian Federation or the information contained in them is not reliable;
4) an organization with the same name was previously registered in the Unified State Register of Legal Entities;
5) the founder (founders) are incompetent.
If the state registration of a religious organization is denied, the applicant(s) shall be notified in writing of the decision taken, indicating the reasons for the refusal. Refusal based on the inexpediency of creating a religious organization is not allowed.
Denial of state registration of a religious organization, as well as its evasion of such registration, may be appealed against in a court of general jurisdiction.
In case of refusal, the documents submitted for state registration are returned to the religious organization on the basis of an application. At the same time, the Ministry of Justice of the Russian Federation or its territorial body retains copies of all documents available in the case at the time of refusal of state registration.
The decision on the state registration of a religious organization is drawn up in the form of a conclusion and announced by an order of the Ministry of Justice of the Russian Federation or by a decision of an authorized official of the Ministry of Justice of the Russian Federation or its territorial body.
After the adoption of such a decision, the body of the Federal Registration Service sends to the authorized registering body the information and documents necessary for the implementation by this body of the functions of maintaining the Unified State Register of Legal Entities. On their basis, the registering body shall make an appropriate entry in the Unified State Register of Legal Entities within a period of not more than five working days, and not later than the working day following the day the said entry was made, inform the body that made the decision on the state registration of the religious organization.
The Rosregistration body no later than three working days from the date of receipt from the authorized registering body of information about the entry on the religious organization made in the Unified State Register of Legal Entities shall issue to the applicant a document confirming the fact that an entry on the religious organization was made in the Unified State Register of Legal Entities.
Members of religious organizations want to be allowed to expel their leaders. Such amendments to the legislation were prepared by a State Duma deputy Ivan Sukharev. He notes that the concept of a religious organization as a non-profit association appeared in the Civil Code several years ago, but many aspects of their work were not spelled out, so communities continue to be responsible for former leaders who, for example, turned towards extremism.
First Deputy Chairman of the State Duma Committee on Public Associations and Religious Organizations Ivan Sukharev prepared a bill amending the Civil Code of the Russian Federation and the Federal Law "On Freedom of Conscience ...". The amendments of the deputy concern the procedure for changing the composition of the founders of a religious organization. According to Sukharev, its absence is a gap in the legislation that forces communities to bear responsibility for former gurus who, for example, turned towards extremism.
The explanatory note states: it happens that the founder or member of a religious organization changes his views or even his religion. In such a situation, the religious organization is unable to exclude this citizen, since there is no procedure for changing the composition of the founders (participants). The Ministry of Justice writes Sukharev, refuses to exclude founders and participants, citing the absence of an exclusion procedure in federal laws and codes.
“In general, now the regulation of religious organizations does not correlate with the Civil Code of the Russian Federation in a number of provisions - it needs to be corrected. First of all, to provide an opportunity for the participants of the organization to collectively, according to the law, exclude their leadership, which diverged in views and principles from organizations. This can be religious extremism, and much another for which the organization is responsible," he explained. Sukharev.
Judicial statistics or data from sociological studies on such episodes are not publicly available.
Chairman of the Interregional Arbitration Court of Moscow and the Moscow Region Oleg Sukhov noted that the proposed amendment would improve the position of religious organizations.
"In particular, the amendment will allow them to avoid liability in cases where individual founders take the path of extremism or try to use ANOs solely as a source of profit. But at the same time, the corresponding changes in the law may lead to numerous conflicts within the leadership of religious organizations within struggle for the seats of the founders," the judge weighed the pros and cons.
Sukhov also noted that the legislation on religious organizations should be supplemented with other norms: to prohibit certain forms of free labor of members of religious communities (and at the same time not to prohibit volunteering), as well as inciting hatred.
“The latter is directly prohibited by the current legislation, but in practice it is often circumvented. For example, in religious texts or during oral speeches, instead of mentioning specific ethnic groups, social or political groups, various euphemisms are used (for example, “the power of the atheists”),” the judge explained. Or, hatred towards another confession is brought up in the format of theological disputes, confirming the truth of the propagandized dogma and the unacceptability of other views on the world.In this situation, it is difficult even for experts to detect linguistic or psychological signs of inciting hatred."*
LETTER FROM THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION
For use in practical activities to implement the Federal Law "On Freedom of Conscience and Religious Associations" we send:
Commentary to the Law, prepared by the Deputy Chairman of the Commission on Religious Associations under the Government of the Russian Federation Sebentsov A.E.;
Not given.
Guidelines for the application by the justice authorities of certain provisions of the Federal Law "On Freedom of Conscience and Religious Associations", prepared by the Department for Public and Religious Associations on the basis of requests received from the justice authorities.
The rules for considering applications for state registration of religious organizations in the justice authorities have been developed and will be sent after their state registration. Normative legal acts of the Government of the Russian Federation (on the procedure for registering representative offices of foreign religious organizations and on conducting state religious expertise) after their adoption will be officially published.
Not given.
At the same time, we remind you of the need to submit to the Department for Public and Religious Associations by January 20, 1998, information on the state registration of religious organizations for 1997 in accordance with the previously sent form.
The Federal Law "On Freedom of Conscience and on Religious Associations", which came into force on October 1, 1997, vested the judicial authorities that registered a religious organization (hereinafter referred to as the registering authorities) with the right to monitor their compliance with the charters regarding the goals and procedure for their activities.
Since the adopted Federal Law does not contain specific instructions on the forms and methods of exercising control functions by registration authorities in relation to religious organizations, law enforcement practice should be guided not only by the provisions of this Law, but also by the relevant provisions of the Civil Code of the Russian Federation, the Federal Law "On Non-Commercial Organizations" and other acts of the current legislation of the Russian Federation.
Tasks and subject of control
Control over the activities of religious organizations is carried out in order to ensure their strict observance of the Constitution of the Russian Federation, the current legislation, the prevention and suppression of illegal manifestations in the activities of religious organizations.
According to paragraph 2 of Article 25 of the Federal Law "On Freedom of Conscience and on Religious Associations", control over the activities of religious organizations by the registration authorities should be carried out in two directions:
control over compliance with the charter of a religious organization regarding the goals of its activities;
control over compliance with the charter of a religious organization regarding the procedure for its activities.
When exercising control over compliance with the charter of a religious organization regarding the procedure for its activities, registration authorities should pay special attention to: compliance with the statutory provisions regarding the structure and management of a religious organization, the activities of its governing bodies, the legitimacy of decisions made and other provisions that are not related to internal (canonical) the establishment of a religious organization;
observance of the established order and procedure for introducing amendments and additions to the charter, reorganization and liquidation of a religious organization and other actions that have legal consequences;
timely informing by the religious organization of the registration authority about changes in the data included in the unified state register of legal entities;
timely submission by a religious organization of annual information on the continuation of its activities in the amount established by the Law.
Violation of the established procedure for the activities and management of a religious organization is the basis for recognizing decisions taken in violation of the charter of a religious organization as unauthorized and, in cases established by law (state registration of amendments and additions to the charter, reorganization and liquidation of a religious organization, changes in the data of the state register of legal entities), entails refusal registering authority in satisfying the relevant application of the religious organization.
Failure to provide the required information to the registering authority within three years is the basis for the registration authority to file a lawsuit to recognize the religious organization as having ceased its activities.
Control over the observance by a religious organization of the charter regarding the goals of its activities implies verification by the registering body of the compliance of the actual activities of the religious organization with the goals and objectives stated in its charter.
According to the Federal Law "On Freedom of Conscience and Religious Associations" (Article 8), organizations formed for the purpose of joint confession and dissemination of faith are recognized as religious. In addition to their main goal (professing and spreading the faith), religious organizations, in the manner prescribed by law, have the right to engage in other activities that correspond to their goal and are not prohibited by law. At the same time, the subject and goals of the activity of a religious organization, as a non-profit organization, must be defined in its charter (Article 53, Part One of the Civil Code of the Russian Federation).
Consequently, the activity of a religious organization that is contrary to its statutory goals is:
loss by a religious organization in the course of its activities of the nature and characteristics of a religious organization (joint performance of divine services, other religious rites and ceremonies, teaching religion, religious education, etc.);
the implementation of activities prohibited for religious organizations (participation in the activities of political parties and political movements, the provision of material and other assistance to them, election campaigning, the creation of structural units in state and municipal institutions and in other places not provided for by law, the implementation of entrepreneurial activities that do not comply with the statutory purposes, sale of received humanitarian and technical assistance, etc.);
carrying out activities, including medical, educational and other, without a properly issued permit (license);
carrying out activities not provided for by the charter of a religious organization;
carrying out activities with the concealment of the name and religious affiliation of a religious organization;
implementation of activities associated with encroachments on the personality and rights of citizens and with other violations of the Constitution and the current legislation of the Russian Federation.
Organization of control
When exercising control over the observance of the charter of a religious organization, the registration authorities should not replace the prosecution authorities and other state bodies and officials who exercise supervisory and control functions in accordance with the competence established by them by law. It is expedient to practice conducting comprehensive inspections of the activities of religious organizations with the participation of the relevant supervisory and control bodies upon prior agreement with them.
The verification of the statutory activities of a religious organization can be carried out in a planned manner at the initiative of the registering body, as well as in the event of circumstances requiring a control audit of the activities of a religious organization:
on applications, complaints and other appeals of citizens and organizations;
on publications and reports of the press and other mass media;
on behalf of the Ministry of Justice, other bodies of state power and administration;
in other cases provided by the current legislation.
In accordance with the constitutional principle of separating religious associations from the state, registering bodies are obliged to respect the internal regulations of religious organizations and are not entitled to interfere in the activities of religious organizations if they do not contradict the law. Not allowed:
carrying out inspections in religious organizations during worship services, religious rites, ceremonies and other religious events;
violation of accepted norms of behavior in prayer buildings and premises;
insulting the religious feelings and beliefs of citizens. Illegal obstruction of the activities of religious organizations or the performance of religious rites entails liability under the law (Article 193 of the Code of Administrative Offenses of the RSFSR, Article 148 of the Criminal Code of the Russian Federation).
The leaders of the religious organization should be notified about the forthcoming inspection.
The actual implementation of the verification involves the following actions on the part of the registration authority:
studying the materials of the registration file of a religious organization, the applications and appeals of citizens available in the registration authority, press reports and other mass media related to the activities of this organization;
requesting from law enforcement, tax and other state bodies the information they have and information related to the activities of the religious organization being inspected; sending, in agreement with the religious organization, their representatives to participate in its events;
requesting and studying official information and other materials of a religious organization regarding its statutory activities, as well as its structural divisions;
obtaining clarifications from the leaders and members of a religious organization on issues related to the statutory activities of a religious organization;
performance of other actions within the competence of the registering body established by law.
Taking action on the results of the audit
The results of the verification are drawn up in the form of a certificate attached to the registration file kept by the registration authority. The governing body of the religious organization is informed about the results of the check.
If, during the verification of the facts, the commission of actions by a religious organization that contradicts its statutory goals or violates current legislation, the registering body informs the governing body of the religious organization about the violations committed with a proposal to eliminate them or issues a written warning to the religious organization.
In cases where the detected violations are of the nature of an administrative offense, the registering body sends a report on the offense and the materials of the check to the body or official that is authorized to consider cases of administrative offenses.
In cases where the revealed violations contain signs of a crime, the verification materials are sent to the prosecutor's office.
If a religious organization systematically carries out activities that contradict its statutory goals and issues more than two written warnings to it, the registering body applies to the court to liquidate the specified religious organization (Article 33 of the Federal Law "On Non-Commercial Organizations").
ON THE APPLICATION OF CERTAIN PROVISIONS BY THE BODIES OF JUSTICE
OF THE FEDERAL LAW "ON FREEDOM OF CONSCIENCE
AND ABOUT RELIGIOUS ASSOCIATIONS"
The Department for Public and Religious Associations studied and summarized the requests of the justice authorities on the application of certain provisions of the adopted Federal Law "On Freedom of Conscience and on Religious Associations", received by the Ministry of Justice in accordance with the instructive letter of the Ministry of Justice of Russia dated 16.10.97 N 08-18-207- 97.
Currently, law enforcement practice for the implementation of this Law has not been accumulated, and the normative legal acts provided for by it (Rules for registration. Rules for conducting state religious expertise. Regulations on the procedure for opening and registering representative offices of foreign religious organizations) have not been adopted. In this regard, these clarifications have been prepared on the basis of the current legislation, the Commentary to the Law and draft relevant regulatory legal acts developed by the Ministry of Justice and the Commission on Religious Associations under the Government of the Russian Federation, and are presented in the form of answers to questions received.
1. How many people must be in a religious group to notify local self-government bodies of its creation?
The law does not establish a minimum size for a religious group, but in accordance with paragraph 3 of Art. 8 by the time of its state registration as a local religious organization, it must have at least 10 members.
2. What are the requirements for a document confirming the existence of a religious group for at least 15 years? What can serve as proof of the reliability of this period?
The law does not regulate the procedure for registering religious groups with local self-government bodies, issuing a confirmation, or its form. In this regard, it is advisable to regulate this procedure by the relevant regulatory legal act of the constituent entity of the Russian Federation. As for evidence of the existence of a religious group, they must be presented to the local self-government body by the group itself in the form of state registration data and local records of the former Council for Religious Affairs under the Council of Ministers of the USSR, archival materials, court decisions, testimonies and other forms of evidence.
3. Do all religious organizations, when registering and re-registering, must present proof of 15 years of existence?
Within the meaning of Art. 9 of the Law, evidence of a 15-year period of existence must be submitted only by local religious organizations that do not have confirmation of membership in the relevant centralized religious organization. Centralized religious organizations are not subject to the 15-year duration requirement.
4. What does the requirement for members of religious organizations to “reside permanently and legally on the territory of the Russian Federation” mean? Can foreign citizens be founders of a religious organization?
According to paragraph 1 of Art. 6 and paragraph 1 of Art. Along with citizens of the Russian Federation, other persons permanently and legally residing in the Russian Federation may also be members of a religious association and organization. Other persons are foreign citizens and stateless persons who, in the prescribed manner, have received permanent residence permits and residence permits in the Russian Federation. In accordance with paragraph 1 of Art. Only citizens of the Russian Federation may be founders of a religious organization.
5. Can a foreign citizen lead a religious organization?
Within the meaning of paragraph 1 of Art. 8 foreign citizens and stateless persons may be members of a religious organization and, consequently, its leaders, if they "permanently and legally reside on the territory of the Russian Federation". Foreign citizens and stateless persons temporarily residing in the Russian Federation cannot lead a religious organization. At the same time, according to paragraph 2 of Art. 20 Religious organizations, in accordance with the established procedure, have the right to invite foreign citizens to engage in professional religious activities in this organization, but the above provision of the Law also applies to them.
6. What is meant by the term "the founder (founders) is not authorized" (Article 12)?
This term is understood as non-compliance with the requirements imposed by the Law on the founders of religious organizations (minority, lack of citizenship of the Russian Federation, exceeding the powers established by the Law for local and centralized organizations, etc.).
7. Can a local religious organization in accordance with Art. 19 to create professional religious education institutions?
Local religious organizations have the right to establish educational institutions registered as non-state educational institutions. As for institutions of professional religious education, according to paragraph 6 of Art. 8 they are created by centralized religious organizations.
8. What types of religious organizations can create centralized organizations? Can a centralized organization establish a local organization?
The competence of a centralized religious organization when creating other religious organizations is enshrined in paragraph 6 of Art. 8 of the Law. A local religious organization, as an association of citizens, is created exclusively by citizens, through their voluntary expression. In turn, at least three local organizations of the same religion have the right to create a centralized religious organization. Association (association, union) of religious organizations of different faiths in accordance with paragraph 2 of Art. 121 of the first part of the Civil Code of the Russian Federation is a non-profit organization, but does not have a religious status, since it cannot have the main sign of a religious association - a joint confession of faith.
9. Can a local religious organization be liquidated by a decision of a higher centralized organization?
No, because according to paragraph 1 of Art. 14 of the Law and paragraph 2 of Art. 61 of the first part of the Civil Code of the Russian Federation, a legal entity may be liquidated by decision of its founders (participants) or a body of a legal entity authorized to do so by its charter. At the same time, in accordance with the canonical provisions of religious associations that have a hierarchical structure, for example, Orthodox or Catholic, where the formation of local organizations (parishes) takes place with the blessing of the ruling bishop, the deprivation of such a blessing, legally expressed in the withdrawal of confirmation of confessional affiliation from the registering authority by of a centralized organization, entails the termination of the activities of a local religious organization as a structural subdivision of this centralized organization and deprives it of the right to use the details of a centralized religious organization in its name.
10. Where is the registration of a local religious organization carried out if its parent body is located outside the Russian Federation? Is a document required confirming the existence of a foreign centralized religious organization in the relevant territory for at least 15 years?
According to paragraph 2 of Art. 11 of the Law, the registration of all local religious organizations is carried out by the territorial bodies of justice, and in this case, the documents specified in paragraph 6 of this article must be submitted to the registering body. Confirmation of a foreign religious organization is not equivalent to confirmation of a centralized religious organization, and a local organization being created cannot be registered as a legal entity if it has been operating for less than 15 years. At the same time, if a centralized religious organization with a religious center abroad was registered on the territory of the Russian Federation, then it itself, within the meaning of paragraph 1 of Art. 13 is no longer a foreign religious organization and has the right to issue appropriate confirmations to its structural units on the territory of the Russian Federation.
11. Can local religious organizations that have not been re-registered establish centralized organizations?
No, because they must first formalize the status of a local religious organization through state re-registration.
12. How is the information submitted to the registration authority about the fundamentals of the dogma of a religious organization formalized?
According to paragraph 5 of Art. 11 information about the fundamentals of dogma is submitted by each religious organization in the amount established by law. In the case of registration of local religious organizations that are part of a centralized organization with a single dogma, for example, the Russian Orthodox Church, it is possible to submit an appropriate "standard" document.
13. From Art. 10 of the Law does not imply that a religious organization is obliged to indicate in its charter the territory of its activity. How then is the territorial scope of activity taken into account?
According to paragraph 2 of Art. 52 parts of the first Civil Code of the Russian Federation and Art. 10 of the Law, the charter of a legal entity indicates its location and does not establish the territorial limits of its functioning. At the same time, it is not forbidden to fix this in accordance with the institutional and hierarchical structure of a religious organization. Within the meaning of the Law, the territorial sphere of activity of a local religious organization is the territory of the corresponding urban, rural or other settlement (clause 3 of article 8), and a centralized organization is the territory of the constituent entities of the Russian Federation where there are local organizations that are part of it (clause 3 of article 8). eleven).
14. Can a residential building be the legal address of a religious organization?
According to paragraph 3 of Art. 288 of the first part and paragraph 2 of Art. 671 of the second part of the Civil Code of the Russian Federation, residential premises can only be used for the residence of citizens and the placement of organizations in it is not allowed. In accordance with paragraph 2 of Art. 16 services, religious rites and ceremonies can be performed in residential premises, but within the meaning of paragraph 1 of Art. 7 Premises for these purposes may be provided only by members of a religious group.
The use of residential premises as a legal address is not prohibited. But at the same time, the religious organization must notify the registering body, which is also the controlling body according to the Law, of the place of its actual location.
15. Can a local religious organization that has previously registered its charter as an autonomous organization join an existing centralized organization and, upon re-registration, submit confirmation of belonging to it?
Yes maybe. At the same time, according to paragraph 3 of Art. 27 of the Law, it must make an appropriate addition to the charter and fix in it belonging to this centralized organization.
16. What is the procedure for re-registration of religious organizations? What is the annual re-registration of a religious organization that does not have a document of 15 years of existence?
According to Art. 27 of the Law, religious organizations that have previously registered their statutes must bring them into line with the Law and undergo state re-registration before December 31, 1999. In this regard, this procedure should be considered as the introduction of amendments and additions to the charter and carried out in accordance with paragraph 11 of Art. 11 of the Law. At the same time, according to paragraph 3 of Art. 27 of the Law are not subject to re-registration of religious organizations in respect of which there are grounds for their liquidation or prohibition of activities.
As for the procedure for the annual re-registration of religious organizations that do not have confirmation from a centralized religious organization or confirmation of a 15-year period of their existence, it is not established by the Law. But at the same time, the Law does not require that such a religious organization annually re-register and submit to the registering authority all the provisions of Art. 11 papers. In this regard, we believe it is possible for a religious organization, after the initial re-registration, to annually inform the registering authority about the continuation of its activities in the amount of information included in the State Register. If the registering authority does not have claims based on the Law regarding the activities of the specified organization, it may extend the validity of the issued certificate or issue a new one with the same registration number. At the same time, we believe that the requirement of Art. 27 on the annual re-registration of previously registered religious organizations and the infringement of their rights during this period is contrary to Art. 54 of the Constitution of the Russian Federation, according to which a law establishing or aggravating liability has no retroactive effect.