Religious associations. Religious association as a legal entity: features of activity in Russia

The Constitution of the Russian Federation states that the Russian Federation is a secular state in which the church is separated from the state. But the relationship between organizations believers and the state is governed by the right and are based on legal principles.

Religious associations

In 1997, the Law "On Freedom of Conscience and Religious Associations" was adopted, in which the right of citizens to confess any religion, including - and not confess any, the right to change and distribute religious beliefs.

Also, this law prohibits the involvement of children into religious associations in spite of their will or without the consent of the parents.
Over half of religious communities in the Russian Federation refer to the Russian Orthodox Church - this is about 75% of believers. Russians.

18% of believing Russians relate to muslim communities, and in total in Russia there are 43 spiritual management of Muslims. Also in our country there are 113 buddhist Communities whose central administration has been operating since 1946.

Other religious organizations in the Russian Federation include: Old Believers, Roman Catholic Church, Baptist Christian, Christian Evangelskaya Faith.

Determination of the religious association

In the Russian Federation, the religious association understands the voluntary association of citizens and other persons who live on the territory of the Russian Federation, which was formed with the aim of joint confession of faith, as well as its distribution. Signs of religious association are considered:

Religion;

Training of religion, religious education;

Carrying, rites, ceremonies.

Forms of religious associations are religious groups and organizations. But the creation of such associations is prohibited within the framework of state authorities and in government agencies.

To create a religious group or organization, state registration is needed, which is carried out as a legal entity. Such registration is carried out by the authorities of justice.

For this, certain documents are needed, depending on the type of the registered organization, the list of documents is changing. You can register a local and centralized organization.

Local and central organizations

Local Religious registration includes at least ten participants who have reached the age of majority. And in the charter of such an organization must be indicated on the basis: the name, type of religious organization, location, religion, goals and the main forms of the organization, the procedure for creating and termination, the management bodies of the organization and its structure.

Centralized A religious organization should include at least three local organizations.

The danger of totalitarian sects

Many unconventional religious organizations that have emerged quite recently represent a rigid hierarchical system with an authoritarian leader.

For such communities, there is a cult of leader, which is to create with psychological methods of impact and skillful manipulation.

There are cases when such communities led people to inadequate behavior and to destroy their own life and public law enforcement. Many people who fall under the influence of such organizations, throw their studies, work, family and completely devote themselves to worship of the community leader.

The Constitution of the Russian Federation recognizes the Russian Federation by a secular state, which means the full separation of religious associations from the state and its bodies. The secular nature of the state is primarily expressed in the fact that religious associations do not interfere with the activities of state bodies in the implementation of justice, registration of acts of civil status, are not part of such state bodies as the army of state and municipal educational institutions! In turn, the state does not interfere with the legal activities of religious associations and their participants.
As practice shows, the state is not able to do without the help of religious associations. Insufficient influence of political parties to the consciousness and minds of the population, the current state power is trying to compensate for the church, which brings up many moral qualities in their parishings, imposing the bourgeois state. This is a law-abiding, unsist resistant to violence and power, humility, refusal of materialistic worldview, etc.
The Anti-Constitutional Alliance of the Church and State Authorities was most pronounced in the provision of radio and television for religious propaganda, television broadcasts of worship services, financing the construction of churches, other financial and material assistance, the participation of religious figures in the states held by the state. In turn, the Church undertakes active actions to introduce special disciplines in educational institutions, as well as the creation of religious organizations in military units and units.
It was noticeably intensified by foreign missionaries, who expressed an acute desire to introduce the population of Russia to the religious values \u200b\u200bof the West, to help Russian citizens finally get rid of the remnants of socialism in consciousness and behavior. By the end of 1993, the Ministry of Justice of the Russian Federation registered more than a hundred missionary organizations, among which were the European-Asian division of the Seventh-day Adventist Adventist Conference, the World Mission of the Brothers in Christ, the Russian-American Christian Mission of Evangelization and Charity "every home for Christ".
In order to ensure the real action of the constitutional principle that secured the secular nature of the state, as well as creating conditions that prevent uncontrolled activities of foreign missionary organizations, the State Duma 19
november 1997 adopted the Federal Law "On Freedom of Conscience and Religious Associations".
According to the religious association named by the law, the voluntary association of citizens of the Russian Federation, other persons, constantly and on legal grounds living in the Russian Federation, formed in order to joint confession and the dissemination of faith. Thus, the main difference between the religious association from public associations is characterized by the fact that the basis of its activities is a certain religion (Christianity, Buddhism, Islam, etc.), i.e., religious doctrine and its ritual. At the same time, the religious association is given the right to commit worship, other religious rites and ceremonies, as well as teach religion and hold the religious education of their followers. In addition, the religious association is allowed to create their own educational institutions, with the consent of children and local governments to conduct optional classes in educational institutions.
Religious associations can be created and acting in two organizational forms - religious groups and religious organizations.
The religious group is such a voluntary association of citizens who confesses and distributes faith without state registration and acquisition of legal entity. Premises and other necessary property for the activities; The religious groups provide its participants.
Religious organization is a voluntary association of citizens of the Russian Federation, other persons, constantly and on legal grounds living in the Russian Federation, educated in order to joint confession and dissemination of faith and registered as a legal entity. Consequently, a religious organization from the religious group is characterized by two signs: 1) consists of persons, constantly and on legal grounds living in the Russian Federation. Her founders can not be residents of other states, which significantly limits the possibilities of missionary activities of religious associations of foreign countries; 2) has the rights of a legal entity and may act as a subject of all relations regulated by civil law.
The federal law allows the religious group to be transformed into another organizational form in compliance with the following conditions. The founders of the religious organization can be at least ten citizens of the Russian Federation. The religious group, whose members consist of founders must exist in this territory for fifteen years and have confirmation of its existence issued by local governments or a centralized religious organization.
The federal law on freedom of conscience and religious associations consistently conducts a constitutional principle on the secular nature of the state and the full separation from it of religious organizations. In particular, it is recognized that the state cannot: 1) impose on religious associations to fulfill the functions of government bodies, other state bodies, government agencies and bodies of local self-government: 2) to intervene in the activities of religious associations that are not contrary to current legislation; 3) agree to the creation of religious associations in government bodies, other state bodies, government agencies and military units; 4) to introduce religious education in state and municipal educational institutions.
The Federal Law prohibits accompanying the activities of state authorities and local government bodies with public religious rites and ceremonies, and officials of state bodies and local governments, to use their official position for the formation of a particular relation to religion.
The state is entitled to provide financial, material and other assistance to religious associations in the restoration, maintenance and protection of buildings and objects, which are monuments of history and culture, transfer granted reliable buildings and structures with land-related land and property of church purposes, as well as to provide tax and property associations Other benefits. All other forms of material assistance to the state with religious associations, including financing the construction of new temples, are unlawful, gross violations of legality.
In turn, religious associations are obliged to consistently comply with the principle of separation from the state, including: 1) not to impose the functions of government bodies, other state bodies, government agencies and
local governments; 2) Do not participate in elections to government bodies and local governments, as well as in the activities of political parties and political movements, not to provide them with material and other assistance.
Religious associations can act independently, without the intervention of the state, subject to a respect for the current legislation and strict compliance with the rights and freedoms of citizens. In case of gross violations of the Constitution of the Russian Federation, federal legislation or systematic implementation of activities contrary to the goals of its creation, a religious organization for the court decision may be eliminated. For similar acts, the court may be prohibited by the activities of the religious group.
The grounds for the judicial prohibition of the activities of the religious group or the elimination of a religious organization can serve such unlawful acts as the creation of armed groups, the propaganda of war, the incitement of social, racial, national or religious roseti, mansion, the encroachment on the identity, rights and freedom of citizens, damage to morality, Health of citizens, including using narcotic and psychotropic drugs, hypnosis, committing depraved and other illegal actions.
:. Local governments

Founders, managers and participants of the religious association, committed violence against citizens or other causing | Harm to their health, are responsible in criminal procedure.
Local governments are elected by the population of Soota: your municipality - urban, rural settlement, several settlements, united by the overall territory, other inhabited territory, within which local self-government is carried out. The structure of the named authorities is very diverse. These may be representative bodies of the municipality, head of administration, other officials and local governments, authorized to solve local importance issues and are not part of the system of state authorities.
The name of local governments is determined in each region independently, based on national,

historical and other local features. The structure of these organs is determined by the population alone.
The specificity of local governments as an independent component of the political system of the Russian Federation is that they combine features inherent in both public organizations and state authorities.
Local governments are not included in the system of government bodies, are formed directly by the population to solve local affecting its interests of the tasks. The composition and structure of these bodies are not subject to coordination with the superior state bodies and the more they cannot be approved by them. Any interference in this process by state bodies would mean a gross violation of the Constitution of the Russian Federation, enshrined by it the rights of the population on local self-government.
Local governments formed directly by the population within the limits of the powers granted to them act on the principles of autonomy, self-government. Local government bodies are obliged to comply with the Constitution, existing federal laws, regulatory legal acts, but are not subordinate to state authorities and may not fulfill their operational managing instructions.
The independence of the organization and activities of local self-government bodies relative to them with public associations and political parties. Moreover, the named components of the political system often work in close cooperation with each other, creating appropriate conditions for the participation of the population in solving the tasks of local importance, the formation of local governments, in local referendums, gatherings and other forms of direct will of the inhabitants of the municipality. At the same time, local governments are not species of public association. They preserve many of the features of government and remain in the system of state-power relations. In particular, they carry out regulatory regulation of social relations and adopt generally binding regulatory regulations, carry out law enforcement activities, take acts of applying law that have a community force for both state bodies. In order to protect public order, local governments can create a municipal police.
Extremely wide rights are authorized local governments in the process of solving local issues. These are primarily ownership of specific property. According to the Federal Law "On the General Principles of Local Self-Government Organization in the Russian Federation", the Municipal Property includes land and other natural resources, municipal enterprises and organizations, municipal banks, housing funds, educational institutions, health care, culture and sports, other movable and real estate .
Local self-government is carried out on a truly democratic basis with the direct participation of the population in all his affairs. The main organizational forms of local self-government are the forms of direct will of the people - local referendums, municipal elections, meetings (gathering) of citizens, a national law-conducting initiative, various kinds of territorial public self-government, carried out by citizens in their place of residence (microdistrics, quarters, streets, etc.).
Local governments independently manage the municipal property, form, approve and fulfill the local budget, establish local taxes and fees, carry out the protection of public order, monuments of history and culture, organize transport service of the population, carry out the organization and content of institutions of general and vocational education, medicine, create The conditions for the work of trade, catering and domestic services, solve other issues of local importance.
According to some issues, local governments can endure public authority. So, currently, these bodies on behalf of the state are engaged in environmental protection, solve issues of social security of citizens, can coordinate the participation of enterprises, organizations, institutions that are not in municipal property, in the complex socio-economic development of the territory, etc.
In the case of transfer to local self-government to any state authority, the state is obliged to provide local governments with the necessary material and financial resources. At the same time, the state is endowed
the right to control the activities of local self-government bodies within the framework of the powers transferred to them.
In order to protect local self-government bodies from illegal interference with their activities of state or officials, the Constitution of the Russian Federation empowers local governance authorities by law on judicial protection, to compensate for additional expenses arising in the process of executing solutions to state authorities. At the same time, the Constitution of the Russian Federation prohibits anyone to limit the rights of local self-government established by the Constitution and federal laws.
Local governments do not have the right to apply state coercion measures to persons who do not perform their regulatory and legal establishments. In all the facts of the non-fulfillment of these prescriptions, local governments may apply to the court, which is authorized to oblige the offender to fulfill the appropriate decision of the local government body.
Only the Court may cancel the decision of local governments, which contradicts the Constitution of the Russian Federation, laws and sub-law regulatory acts. States states and officials cannot accept such decisions, since this would mean their interference in the affairs of local governments, would create real conditions for the preservation of the illegal practice of state leadership by these bodies.
The current legislation reliably guarantees the activities of local self-government bodies from the unreasonable termination of their powers. The right to make decisions on this issue is provided only to the legislative (representative) body of the subject of the Russian Federation in the presence of violations by the authority of the regional government of the Constitution of the Russian Federation, the Charter of the Federation of Federation, the Federal Law, the regulatory act of the subject of the Federation or the charter of the municipality.

1. A religious organization recognizes the voluntary association of citizens of the Russian Federation, other persons, constantly and on legal grounds living in the Russian Federation, formed in order to joint confession and dissemination of faith and in the manner prescribed by law as a legal entity. The questions of the participation of founders and other legal or individuals in the activities of religious organizations are determined by the charter and (or) internal establishments of religious organizations. The founder (founders) of a religious organization can perform the functions of the body of a religious organization or members of the collegial body of a religious organization in the manner prescribed by the Charter and internal establishments of a religious organization.

2. Religious organizations depending on the territorial sphere of their activities are divided into local and centralized.

3. The local religious organization recognizes a religious organization, consisting of at least ten participants who have reached the age of eighteen and permanently residing in one area or in one city or rural settlement.

4. The centralized religious organization recognizes a religious organization, consisting in accordance with its charter at least three local religious organizations.

5. A centralized religious organization whose structure was operated on the territory of the Russian Federation on legal grounds for at least fifty years at the time of the appeal of the specified religious organization with a statement of state registration, it is entitled to use the words "Russia", "Russian" and derivatives in its names them.

(see text in the previous edition)

6. The religious organization also recognizes the establishment or organization established by a centralized religious organization in accordance with its charter, which are aimed and features that are provided for in paragraph 1 of Article 6 of this Federal Law, including a leading or coordinating body or an institution, as well as a spiritual educational organization. .

(see text in the previous edition)

7. Public authorities when considering issues affecting the activities of religious organizations in society, take into account the territorial scope of the religious organization and provide relevant religious organizations the opportunity to participate in the consideration of these issues.

8. The name of the religious organization must contain information about its religion. A religious organization is obliged to indicate its full name in carrying out activities.

8.1. The procedure for the formation of the organs of the religious organization and their competence, the procedure for making decisions by these bodies, as well as the relationship between the religious organization and the persons belonging to its bodies are determined by the charter and internal establishments of the religious organization.

9. The religious organization is obliged to inform the authority to decide on the state registration of a religious organization, about changing the information specified in paragraph 1 of Article 5 of the Federal Law of August 8, 2001 N 129-FZ "On state registration of legal entities and individual entrepreneurs" (hereinafter - Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs"), with the exception of information about the licenses received, within three days from the date of such changes. The decision on the direction of the relevant documents to the Commissioner in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" The federal executive authority (hereinafter - the authorized registering authority) is made in the same manner and on the same time as the decision on State registration of a religious organization.

Slide 1.

Religion in the modern world. Religious associations and organizations in the Russian Federation

Clade 2.

Lesson Plan 1. Religion as one of the forms of culture 2. Rollee religion in society 3. World religions 4. Freedom of conscience 5. Religious organizations and associations in the Russian Federation

Slide 3.

One of the oldest forms of culture is religion. Religion is a worldview and a worldship, as well as appropriate behavior based on faith in the existence of God or gods, supernatural. During the existence of humanity, there were quite a few religions. Known: Pantheism (Greek. - Universal) - the identification of God with the whole world, the deification of nature. Polytezes (Greek - Many) - Multi-Leta (Antique Greece, Rome, Ancient Slavs, India) Monotheism (Greek. - One) Monotheism, a religious system recognizing a single God. Atheism (Greek - denial) - denial of the existence of God. Distinctive signs of religion beliefs Rituals Etos (moral position) view of the world System of characters

Slide 4.

Religion in its development passed a long and difficult path. Totemism is the worship of the genus, the tribe of the animal, the plant, the subject that was considered a ancestor. Animmism - Vera in the existence of the soul, spirits Fetishism - Vera in supernatural properties of special items Magic - faith in the effectiveness of rites, rituals National religions: Judaism Hinduism Confucianism Sintoism World religions Buddhism Christianity Islam Hynyana Tantrism Lamaism Mahayana Orthodoxy Catholicism Protestantism Sunnism Shism Hargeism

Slide 5.

Slide 6.

Slide 7.

Slide 8.

Table. Modern religions (practical work) Name of religion Basic provisions 1 Buddhism: Tantris Lamaism 2 Christianity: Orthodoxy Catholicism Protestantism 3 Islam: Sunnism Shiism

Slide 9.

Religion Function Structure - Religious Consciousness - Religious Cult - Religious Organization - Worldview - Regulatory - Therapeutic - Communicative - Cultural Translation - Integrating - Legitimizing

Clade 10.

The role of religion in the life of society Religion is one way to find answers to philosophical questions: "Is there a soul?" , "What is the basis of a person's actions?", "What is the difference between good and evil?" Some argue that the additional forces to a person attached confidence that he is not the only one that he has divine patrons that come to him in a difficult moment. Others believe that many unknown things remain in the world, the secret of which a person craves to reveal, but cannot do this, and when there are no scientific answers to questions, they are found in religious views. Belonging to people to one religious faith, the joint departure of their religious rites, they ignited them into one. General religion and joint religious activities were a powerful unifying factor, contributed to national consolidation. Preaching moral (moral) commandments, religion had a huge influence on the development of spiritual culture - the Sacred Books (Vedas, Bible, Koran) are sources of wisdom, kindness. Architecture, music, painting, propagation of literacy; Powerful source of patriotism (Sergius Radonezh, Great Patriotic War)

Clade 11.

According to the reference book "Religious associations of the Russian Federation", the share of the Russian Orthodox Church accounts for over half of religious communities (6709 of 12 thousand), which unite about 75% of believers of Russians. Muslim communities 2349, they consist of 18% of believers. Russians. The religious life of the supports of Islam is led by 43 spiritual management of Muslims. In addition, 113 Buddhist communities operate in Russia (Kalmykia, Tyva, Moscow, Krasnodar, St. Petersburg, Kazan, Anapa, etc.) registered in Russia of organizations and other denominations: the Roman Catholic Church, Old Believers, Evangelical Christians of Baptists, Christians of the Evangelsk -Tyattecnikov, Seventh-day Adventists, Jews, Lutheran, etc. The state registration of religious organizations is carried out by the authorities of justice on the basis of submitted documents. The state reserves the right to refuse to register a religious organization. In art. 12 of the Federal Law "On Freedom of Conscience and Religious Associations" indicates as grounds for refusing the contradiction of the goals and objectives of the religious organization of the Constitution of the Russian Federation and Russian legislation; Mind of the statute and other documents with the requirements of the legislation or the unreliability of the information contained. (1996 In Moscow, a criminal case was initiated against the branch of AUM SINICONE on charges of antisocial activity)

Slide 12.

The Constitution of the Russian Federation (Article 14) Federal Law "On Freedom of Conscience and Religious Associations" Act in accordance with them. The Religious Association in Russia recognizes the voluntary association of citizens, other persons, constantly and on legal grounds living in the territory of the country formed in order to joint confession and distribution of faith. Religious Associations Religious Group Religious Organization Sect Church Voluntary Association of Citizens, constantly and on legitimate grounds living in our country operates without state registration

Differences in the rights and obligations between religious organizations and religious groups.

First, let's look at what religious association is.

Religious association - This is a voluntary association of citizens of the Russian Federation, other persons, constantly and on legal grounds living in the Russian Federation, formed in order to joint confession and distribution of faith and having the relevant goals signs 1:

religion;

committing worships, other religious rites and ceremonies;

training of religion and religious education of its followers.

Russian legislation allows for the formation of religious associations in two forms 2:

Religious groups;

Religious organizations.

Let's start with religious groups, since, based on the Federal Law, it can be noted that religious groups in the process of creating more simplified and do not have such formalities as religious organizations.

Religious group - This is a voluntary association of citizens, educated in order to joint confession and spread of faith, carrying out activities without state registration and acquisition of legal entity legal entity. The premises and the property necessary for the activities of the religious group property are provided on the use of the group by its participants.

Religious groups have the right to commit worship, other religious rites and ceremonies, as well as training religion and religious education of their followers.

As for the creation of a religious group, the FZ specifically does not regulate the procedure for the education process of the Group. Therefore, I had to turn to practice. In short, the creation of a religious group requires:

Template statement;

At least 10 people who submit their names and signatures under the statement;

Choose local governments.

This is what concerns religious groups, now

Let's look at what religious

organizations and their features.

As for the religious organization, it should be noted that the word should be noted "organization" In Russian law means a legal entity. Definition "Religious" It can only be applied if such an organization recognized the state during the examination. In this case, the union is entitled to receive benefits from the state, including tax, participate in charitable activities.

And in more detail.

Religious organizations - This is a voluntary association of citizens of the Russian Federation, other persons, constantly and on legal grounds living in the territory of the Russian Federation, educated in order to joint confession and dissemination of faith and in accordance with the law established as a legal entity.

The main difference between the religious organization from the religious group - the presence of the first status of a legal entity. In accordance with Part 1 of Art. 48 Civil Code of the Russian Federation entity - This is an organization that is owned by economic management or operational management. Separate property is responsible for its obligations, it may acquire and implement property and personal non-property rights, to fulfill the obligations to be the plaintiff and the defendant in court.

Religious organizations are divided into local and centralized:

Local - This is a religious organization, consisting of at least ten participants who have reached the age of eighteen and permanently residing in one area or in one city or rural settlement.

Centralized - These are religious organizations consisting in accordance with their charter at least three local religious organizations.

A religious organization is considered to be created since the state registration. The procedure for such registration is determined by the Federal Law of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs".

Let me remind you that the founders of the local religious organization may be at least ten citizens of the Russian Federation, combined into a religious group, which has a confirmation of its existence on this territory during at least fifteen years issued by local governments.

Also, a religious organization is valid on the basis of the Charter, which is approved by its founders or a centralized religious organization and must meet the requirements of civil law of the Russian Federation.