Religious associations. Religion in the modern world

(review of articles and regulations)

The Russian Federation is a secular state. No religion can be established as a state or mandatory. Religious associations are separated from the state and are equal to the law (Art. 14 of the Constitution).

Religious association

The Russian Federation 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 religion and distribution of faith and with the corresponding basis for this purpose.
Religious association meets such signs as religion; Carrying services, other religious rites and ceremonies, training religion and religious education of their followers.
In the form of religious associations may be religious group or religious organization .

Religious group

- voluntary association of citizens, educated in order to joint confession and dissemination of faith, carrying out activities without state registration and acquisition of legal entity legal entity.

Religious organization

- 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 accordance with the procedure established by law as a legal entity.

Depending on the territorial sphere of activity, religious organizations are divided into local and centralized.

Local religious organization

A religious organization is recognized, 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 religious organization

A religious organization is recognized in accordance with its charter at least three local religious organizations.

Considering the interaction of the state and religious associations, you can allocate the following:

• the state does not interfere, and it does not have the right to interfere, into freedom of defining a citizen of his attitude to religion and religious affiliation, as well as in the education of children by parents or persons who replace them, in accordance with their beliefs and, taking into account the right of a child to freedom of conscience and freedom religion;
• the state does not impose on religious associations to fulfill the functions of government bodies, other state bodies, government agencies and local governments;
• the state does not interfere with the activities of religious associations, if it does not contradict the legislation of the Russian Federation;
• the state regulates the provision of tax and other benefits to religious organizations, provides financial and other assistance;
• the activities of state authorities and local governments are not accompanied by public religious rites and ceremonies;
• justice authorities register and control the activities of religious associations.

Religious organization may refuse state registration if:

• its objectives and activities are contrary to the Constitution and the legislation of the Russian Federation ( with a mandatory reference to specific norms of relevant legislation);
• she is not recognized as religious;
• 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 unreliable;
• in the Unified State Register of Legal Entities, the organization has previously registered with the same name; The founder (founders) is unaffected.

Grounds for the elimination of a religious organization, ban on the activities of the religious association in court:

• violation of public security and public order, undermining the security of the state;
• actions aimed at violent change in the foundations of the constitutional system and violation of the integrity of the Russian Federation;
• the creation of armed formations;
• propaganda of war, inciting social, racial, national or religious retail, mansomeness;
• coercion to the destruction of the family;
• encroachment on the identity, rights and freedom of citizens;
• application established in accordance with the law damage to morality, health of citizens, including the use of drugs and psychotropic drugs, hypnosis, the commission of depraved and other unlawful actions;
• declining to suicide or refusal to religious reasons from providing medical care to persons in dangerous, for life and health condition;
• preventing compulsory education;
• forcing members and followers of religious association and other persons to alienate property owned by him in favor of a religious association;

Religious associations are prohibited to interfere with the activities of state bodies and local governments. State bodies and local governments are not entitled to transfer their powers to religious organizations or make any functions of religious organizations.

Religious organizations are equal to the law. They are allowed to have property, media, engage in charitable activities. They can receive certain financial benefits from the state.

The legislation of the Russian Federation resolves the activities of religious associations to assist their members in conflict situations, recognizes the right of a clergy for the refusal of testimony of testimony in circumstances that have become famous from confession. The state has the right to carry out close cooperation with religious associations in counteracting extremist activities.

The separation of religious associations from the state means the secular nature of education. At the same time, the religious association may have its own educational institutions for the preparation of clergy.

Religious associations and their hierarchies are not included in the system of state power and local self-government; They cannot influence the adoption of state decisions. The actions of state authorities and local governments are not coordinated with religious associations.
Citizens of Russia have equal rights regardless of their religious views. The state does not participate in the regulation of the internal device of religious associations. Not a single religious association can be financed from the state budget.
In state bodies, local governments, the structures of religious organizations cannot form. Decisions of the governing bodies of religious organizations do not matter public legal norms. Government employees are not entitled to use the official position in the interests of religious associations. They can participate in religious ceremonies as ordinary believers, and not in official quality.

The state in law limit the activities of religious organizations to the extent necessary in order to protect the foundations of the constitutional system, morality, health, the rights and legitimate interests of others. Restrictions on these grounds are allowed by international legislation in the field of civil and political rights.
As an institutional form of expression of religion and the most important condition for its social existence, religious associations are created and operate in order to meet the religious needs of people who determine the essence and appointment of religious associations. These unions can engage in charitable, educational and other types of activities, thereby providing a constructive impact on civil society.

The socio-legal specificity of religious associations as the institution of civil society determines the legal content of elements of the legal status of religious associations, which are rights, obligations, legal guarantees and legal responsibility of religious associations, enshrined in the Constitution of the Russian Federation,

The specificity of religious associations among other institutions of civil society is expressed:

1. in the historical sustainability and invariance of internal relationships, their diversity, specificity, depending on the confessional affiliation;
2. in subordination with severe subordination, the sole chapter, which is endowed with an indisputable authority;
3. in the peculiarities of the property situation of religious associations related to the need to use by them in their activities of the property of religious, including liturgical purposes;
4. in order to create (satisfying the religious needs of a person).

The formation of the proper legal status of religious associations is a factor in the prevention of possible interfaith conflicts, overcoming the religious (and associated national) extremism, undermining the basis of civil society.

When analyzing the legal responsibility of religious associations, it is necessary to allocate its features other than the legal liability measures applied to other legal entities. Among them, in particular, the norm of the Federal Law of September 26, 1997 can be distinguished. No. 125-FZ "On Freedom of Conscience and Religious Associations", which regulates the suspension of the activities of the Religious Association, the liquidation of a religious organization, a ban on the activities of the religious association in case of violation of the legislation The Russian Federation and the norm, according to which the management and real estate of the liturgical destination cannot be recovered by the claims of creditors. As applied to the first rate, attention is drawn to the fact that the Constitutional Law Institute is essentially becoming a liquidation institute for those religious associations that do not have the status of a legal entity. Meanwhile, the Institute for a prohibition of this or that association is a strict means of constitutional and legal impact, which should have adequate legal consequences other than the effects of the provision of a civil and legal institution of liquidation of a legal entity. One such consequence should be a ban on recreating a prohibited association without any reservation on the term of such a ban. When considering the second norm, it is indicated on its legality, because In this case, other (i.e., recovery on the worship property) would actually block the activities of religious associations.

Federal Law of September 26, 1997 No. 125-FZ "On Freedom of Conscience and Religious Associations", found that religious organizations do not participate in the activities of political parties and political movements, they do not have the right to provide them with material support, cannot participate in elections in Authorities and local governments do not fulfill the functions of state authorities and other state bodies, government agencies and local governments. The validity of such restrictions follows from the being of religious associations, their appointments associated with the satisfaction of the religious needs and interests of people. In this case, we are talking about legitimate limitations of the rights of religious associations, which are aimed at preserving religion as a factor consolidating society.

The legislation of the Russian Federation determines the peculiarity of the state registration of religious organizations, which distinguishes it from the registration of other legal entities in general. This is the virtually permitting procedure for state registration.

It also seems necessary to note that the establishment of a number of advantages to religious associations in the field of economic activity.
For religious organizations, there are some benefits in the tax sphere, aimed at ensuring their address use in the implementation of religious, educational, charitable activities of religious organizations. The data of tax benefits applies to the entrepreneurial activities of religious organizations.
In particular, the provisions of the Federal Law of May 22, 2003 No. 54-FZ "On the use of cash registers", the provisions exempt religious organizations from the use of cash registers in the implementation of the objects of the religious purpose of the cult and religious literature.

In accordance with the principle of separating religious associations from the state, the state does not finance the activities of religious organizations. However, the state provides financial, material and other assistance to religious organizations in the restoration, content and protection of buildings and objects, which are monuments of history and culture. These target arrivals from the budget must be spent strictly for its intended purpose. Sometimes they may be essential to ensure the normal life of a religious organization (for example, in the unsatisfactory state of a cult building, protected as a monument of history and culture).

The religious organization, like any Russian legal entity, is obliged to fulfill the duties assigned to it, including the obligation to pay taxes in accordance with the legislation of the Russian Federation on taxes and fees. It should be noted that the provisions of tax legislation take into account the specifics of the activities of religious organizations.

Religious organizations are provided with significant benefits that take into account their non-profit essence, great difficulties that are related to maintaining economic activities in modern conditions, the lowest security of the majority of believers who are not able to fully ensure the content of religious organizations with their donations.

The provision of tax benefits to religious organizations is a widespread practice in the world. Tax benefits are indirect material support for religious organizations at the expense of budget funds (affected tax revenues to the budget), that is, a reasonable derogation from the principle of lack of state funding from the state of religious organizations. The property of religious purposes, including religious buildings and land plots on which they are placed, can have a large nominal value, but they are not objects of commercial turnover, do not bring proportional income. Therefore, the setting of cult buildings and land plots by property tax on organizations and land tax will lead to the fact that very many religious organizations, first of all those who are constrained in the means, will not be able to fulfill the obligations to pay these taxes. Ultimately, such a tax policy, religious organizations will be deprived of the opportunity to freely send religious cult.

The religious associations that do not have legal entities (religious groups) are not taxpayers and do not have the opportunity to take advantage of tax breaks established in the Tax Code of the Russian Federation for religious organizations. Used to carry out the activities of religious groups, property belongs to individuals. Participants in civil legal relations arising from the activities of the religious group are also individuals (participants in the religious group). The benefits for them are not provided for by the Tax Code.

In accordance with Article 8 of the Tax Code of the Russian Federation (hereinafter - NK):

• under tax It is understood by the mandatory, individually gratuitous payment, charged from organizations and individuals in the form of alienation of ownership of them, economic management or operational management of funds in order to financial support for the activities of the state and (or) municipalities;
• under fee It is understood to be a mandatory contribution charged from organizations and individuals, the payment of which is one of the conditions for the fees to fertilizers by government agencies, local governments, other authorized bodies; officials of legally significant actions, including the provision of certain rights or issuing permits (licenses).

Taxes and fees cannot be discriminatory and differently applied on the basis of social, racial, national, religious and other similar criteria (Art. 2, Part 2 of the Tax Code). Therefore, in particular, tax breaks can be established only simultaneously for all religious organizations, regardless of their confessional affiliation.
The B of the Russian Federation establishes the following types of taxes and fees: federal, regional and local (Art. 12 of the Tax Code of the Russian Federation).

• Federal Taxes and fees are recognized taxes and fees that are established by the Tax Code and are mandatory to pay throughout the Russian Federation.
• Regional Taxes are subject to taxes, which are established by the Tax Code and the laws of the subjects of the Russian Federation on taxes and are obligatory to pay in the territories of the relevant constituent entities of the Russian Federation
• Local Taxes are recognized as taxes, which are established by the Tax Code and regulatory legal acts of representative bodies of municipal issues on taxes and are obligatory to pay in the territories of relevant municipalities.

Federal, regional or local taxes and fees not provided for by the Tax Code of the Russian Federation cannot be established.

Value added tax

The total tax rate is 18% of the value of the goods implemented, the work performed, the services rendered. Preferential (reduced) rate of 10% established for a number of socially significant categories of goods - some food products (meat, milk, sugar, salt, bread, flour, etc.), products for children, periodic prints, some medical goods . Selling goods, a religious organization includes VAT in its price and then pays tax. Thus, actually the tax is charged from the buyer of products, the end consumer of the goods. Provided by religious organizations benefits on VAT allow us to either implement goods and services at a lower price, or get big profits.

In accordance with subparagraph 1 of paragraph 3 of Article 149 of Chapter 21 "Value Added Tax" of the Tax Code, the operations are exempt from taxation for value added tax:
by implementation (or transmission for own needs) religious objects and religious literature (in accordance with the list approved by the Government of the Russian Federation on the submission of religious organizations (associations) produced by religious organizations (associations) and organizations, the only founders (participants) of which are religious organizations (associations), and implemented by data or other religious organizations (associations) and organizations, the only founders (participants) of which are religious organizations (associations), in the framework of religious activities, with the exception of excisive goods and mineral raw materials, as well as Organization and holding of religious rites, ceremonies, prayer meetings or other religious actions.
The list of these goods was approved by the Decree of the Government of the Russian Federation of March 31, 2001 No. 251.

In accordance with the above-mentioned norm of the Tax Code, issued from taxation of value added tax Organization and conducting the above organizations of religious rites, ceremonies, prayer meetings or other religious actions. Thus, the practice of refusing to charge for the commission of religious rituals (the rite is made free of charge, but the person who has searched to make it is proposed to make a donation in the recommended amount) is not intended to evade taxation. This practice is connected with the desire of religious organizations not to engage in direct "trade of religious services" and has moral, not economic motivation.

Based on paragraph 15 of Part 2 of Art. 149 of the Tax Code of the Russian Federation is not subject to taxation (exempt from taxation) implementation (as well as transfer, implementation, provision for their own needs) in the territory of the Russian Federation repair and restoration, conservation and restoration work performed in the restoration of monuments of history and culture protected by the state, cult buildings and structures in the use of religious organizations (With the exception of archaeological and earthworks in the location of monuments of history and culture or cult buildings and structures; construction works on the reconciliation of fully lost monuments of history and culture or religious buildings and structures; works on the production of restoration, conservation structures and materials; quality control activities Work held).
Thus, if a religious organization serves as a customer of repair and restoration, conservation and restoration work, then the cost of work paid by it by the repair and restoration organization (contractor) should not include value added tax in the following cases:

• the object is a cult building (construction), which is owned or in the gratuitous use of a religious organization is also a monument of history and culture;
• the object is a cult building (structure) owned by or in the granted use of a religious organization, but does not apply to historical and cultural monuments;
• the object is not a religious building (construction), but is owned or in the granted use of the religious organization and is also a monument of history and culture.

In accordance with subparagraph 27 of paragraph 1 of Article 251 of the Code, in determining the tax base, income in the form of property (including cash) and (or) property rights, which were obtained by a religious organization in connection with the commission of religious rites and ceremonies and from the implementation of religious literature and Religious items. In contrast to the VAT's elevated benefits, in this case there is no separate regulatory document that establishes a list of religious items on the revenues of which this benefit is distributed. In practice, tax authorities are focused on a list of subjects approved by the Decree of the Government of the Russian Federation of March 31, 2001 for the use of VAT benefits.

Accordingly, the costs carried out by religious organizations in connection with the commission of religious rituals and ceremonies, as well as in connection with the implementation of religious literature and religious items, are not taken into account when determining the tax base, according to paragraph 48 of Article 270 of the Code.

The tax base also does not include target receipts from budget budget trails (paragraph 2 of Art. 251 of the Tax Code of the Russian Federation). For religious organizations, this is budget financing of the restoration, content and protection of buildings and objects, which are monuments of history and culture, allocated in accordance with paragraph 3 of Art. 4 ФЗ "On freedom of conscience ...".

In determining the tax base, in accordance with subparagraph 11 of paragraph 2 of Article 251 of the Tax Code, the property (including cash) and (or) property rights, which are obtained by religious organizations for the implementation of statutory activities are not taken into account. Based on this provision, the donations received by the Religious Organization for the implementation of any activities provided for by its Charter.

Religious organizations - recipients of these target revenues are obliged to conduct separate accounting of income and expenses obtained and manufactured under target revenues (paragraph 2 of Art. 251 of the Tax Code of the Russian Federation). This requirement is intended to ensure the possibility of controlling whether target receipts were really used in the purposes of which they were obtained by a religious organization. At the end of the tax period, religious organizations are submitted to the tax authorities at their own accounting report on the targeted use of the funds received.
If target receipts, including donated property and cash, are not used by a religious organization, not on the statutory goals, they will be recognized as non-evalization revenues (paragraph 14 of Art. 250 Tax Code of the Russian Federation). The religious organization will have to include them in the tax base when calculating income tax. (In addition, the donor will have the right to demand the abolition of donations, according to Part 5 of Art. 582 of the Civil Code of the Russian Federation).

In addition, according to subparagraph 39 of paragraph 1 of Article 264 of the Code, are taken into account as the costs associated with the production and implementation, the costs of taxpayers-organizations, the statutory (share) capital of which consists entirely of the contribution of religious organizations, in the form of profits derived from the sale of religious literature and religious items, subject to the transfer of these amounts to the implementation of the statutory activities of these religious organizations.

Other taxpayers who make donations to religious organizations to carry out statutory activities will not be able to attribute these donations to expenses that reduce the tax base (Art. 270 p. 34 of the Tax Code of the Russian Federation). Thus, unlike individuals, which, at least theoretically, are stimulated to make donations to religious organizations by providing tax deductions when paying NDFLs, for donors - legal entities such a tax incentive currently does not exist.

National tax

The state duty is paid by the plaintiff when contacting the court, in addition to the cases provided for by law, when the plaintiff is exempt from the payment of state duty. The state duty can be recovered from the person who acts as a defendant in court if the court decision was not taken in his favor, and the plaintiff was released from the payment of state duty. (If the state duty was paid by the plaintiff when contacting the court, the loser case, the defendant is obliged to compensate for the plaintiff for the payment of state duty).

In accordance with Article 33335 of the Tax Code of the Russian Federation, paragraph 1, religious associations are exempt from the payment of state fees for the right to use the names "Russia", "Russian Federation" and formed on their basis words and phrases in the names of these organizations or associations.

Property tax

In accordance with paragraph 2 of Article 381 of the Code, religious organizations are exempt from taxation against the property used by them for the implementation of religious activities.
In the letter of the Ministry of Finance of the Russian Federation of May 24, 2005 No. 03-06-02-02 / 41 to property exempt from taxation:

• "Cult buildings and structures, other objects specifically designed for committing and ensuring worships, prayerful and religious meetings, other religious rites and ceremonies, religious reverence (pilgrimage), professional religious education, other religious activities,
• religious objects and other property used for religious activities. "

The same article 381 of the Tax Code of the Russian Federation frees any organizations from the payment of property tax in relation to objects recognized by the monuments of the history and culture of federal significance in the procedure established by the legislation of the Russian Federation. However, in practice, all the property that are in religious organizations attributed to the monuments of the history and culture of federal significance has a religious purpose. Thus, tax benefits applies to this property under the two grounds.

Religious organizations should pay property tax only in terms of the cost of that property, which is taken into account on their balance sheet as facilities of fixed assets and are not used to implement religious activities.

In this regard, the question arises: if a religious organization exercises exclusively religious activities in accordance with the Charter, then such property is subject to taxation, such as computers, because they are not used direct and directly in religious activities, but on the other hand The organization does not carry out any other activities except religious.

There is no unequivocal answer to this question, since the current legislation does not define the concept of "religious activity". In controversial cases, it all depends on whether the religious organization will be able to convince the tax authorities that the activity is used to implement this property should be attributed to religious.

In one real case, the local religious organization managed to substantiate that the office equipment (computer, printer, copier) is used by it to compile the schedule of worships, for correspondence with believers and other religious organizations and, thus, is the property used to ensure religious activities. There are cases when disputes with the tax authorities arose about the tax on the property belonging to the religious organization of the vehicle used by the clergy for travel in order to commit religious rites in the homes of the believers.

In the event that residential premises (apartments, houses) belonging to a religious organization are used to accommodate clergy, which, except accommodation, spend religious rites and ceremonies in these residential premises, can be attributed to the exemplated property tax in accordance with art. 381 Tax Code of the Russian Federation.

Thus, the Arbitration Court of the Sverdlovsk Region in decision of 28.05.2007 in case No. A60-5394 / 2007-C8 indicated that the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ in paragraph 2 of Art. 17 allows the use of residential premises to carry out professional activities or individual entrepreneurial activities living in legal grounds by citizens, if it does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. The argument of the tax inspectorate that only objects specifically designed for the property and provision of worships, prayerful and religious assemblies are exempt from taxation on property tax, and, and by virtue of Article 17 of the Housing Code of the Russian Federation, residential premises are intended to accommodate citizens, in connection with which Having believed that residential premises could not be exempt from taxation, the court did not take into account, since it was based on the wrong interpretation of Article 381 of the Tax Code of the Russian Federation, paragraph 2 of Article 17 of the Housing Code of the Russian Federation, Article 16 of the Federal Law No. 125-FZ dated 09.26.1997 G. "On the freedom of conscience and religious associations."

It is necessary to pay attention to the fact that the norms of chapter 30 "property tax of organizations" of the Code must allow for the provision of additional benefits to religious organizations on the payment of property of organizations. Thus, Article 372 of the Code provides that when taxing the laws of the constituent entities of the Russian Federation may also provide for tax breaks and grounds for their use by taxpayers. In accordance with Article 4, paragraph 1, paragraphs. 13 of the Law of Moscow "On Property Tax of Organizations" of 05.11.2003 No. 64, registered in the prescribed manner, religious organizations are exempt from the payment of property tax used by them for the implementation of statutory activities. Thus, in Moscow, the object of taxation with this tax is not any property of religious organizations used by them to keep any activities provided for by their charters, including entrepreneurial.

Land tax

In accordance with Art. 388 Tax Code of the Russian Federation, taxpayers of tax recognize organizations and individuals with land plots on the right of ownership, the right of permanent (perpetual) use or the right of life inherited ownership. Not recognized by taxpayers organizations and individuals in relation to land plots that are on the right of gratuitous urgency or transferred to them under the lease agreement.

Based on paragraph 4 of Article 395 of the Tax Code religious organizations are exempt from land tax regarding land plots belonging to them, on which buildings, buildings and structures of religious and charitable destination are located.

In the letter of the Ministry of Finance of the Russian Federation of May 24, 2005 No. 03-02-02-02 / 41, it explains that the entire land plot belonging to the land tax is exempt from taxation, which is located the building, structure or construction of religious or charitable destination, Regardless of the location of buildings, buildings and structures of other purposes in this land plot. Letter of the Ministry of Finance of the Russian Federation of May 7, 2008 No. 03-05- 04-02 / 31 complements that "If there is no buildings, buildings and structures of religious and charitable destinations on a land plot belonging to a religious and charitable destination, and there are only buildings, buildings or structures where religious literature, printed, audio and video materials and other items of religious purpose are produced, then taxation Such a land plot should be carried out in the general order. "

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"Religious organizations registered in the Russian Federation on January 1, 2011"

"Religious organizations of Russia destructive nature"

1. Destructive religious organizations of the Satan orientation

2. Destructive religious organizations and some religious groups of the matrix "Ecology of the Spirit, Occultism and Paganism"

"A list of non-profit organizations for which the court adopted a decision on the liquidation or prohibition of activities on the grounds provided for by the Federal Law" On Countering Extremist Activities ""

1. "National Bolshevik Party" (the decision of the Moscow City Court of 19.04.2007 on the prohibition of activities).

2. Religious group Krasnodar Orthodox Slavic community of the "Age of RA" (Vedic culture of Russian Ariii) Scythian weights of the resumption (decision of the Krasnodar Regional Court of 05.10.2006 On the prohibition of activities).

3. "Rada of the land of the Kuban spiritually generic power of Russia" (Decision of the Pervomaisky District Court of Krasnodar dated 13.04.2006 on liquidation).

4. Local religious organization Asgard Slavic community of the spiritual management of the Asgard Weighing of the White of the Old Russian Ingliistic Church of Orthodox Starbers-Ingling (decision of the Omsk Regional Court of 30.04.2004 on liquidation).

5. Local religious organization Slavic community of the Kapic Vedas Perun, the Spiritual Directorate of the Asgard Weighing of the White of the Old Russian Ingliament Church of Orthodox Starbers-Ingling (decision of the Omsk Regional Court of 30.04.2004 on liquidation).

6. Religious organization Men's spiritual seminary The spiritual establishment of the professional religious education of the ancient Russian ingliistic church of the Orthodox Starovarov-Ingling (decision of the Omsk Regional Court of 30.04.2004 on liquidation).

7. International Religious Association "Nurdzhular" (decision of the Supreme Court of the Russian Federation of April 10, 2008 on the prohibition of activities).

8. Public Association Akhtubinskaya People's Movement "To Bogriavia" (decision of the Ahtuban City Court of the Astrakhan Region dated July 17, 2008 and the definition of the judicial board on civil cases of the Astrakhan Regional Court of 17.09.2008).

9. International Religious Association "Tables of Jamaat" (decision of the Supreme Court of the Russian Federation of 07.05.2009).

10. Local religious organization of Jehovah's Witnesses "Taganrog" (decision of the Rostov Regional Court of 11.09.2009 and the definition of the judicial board on civil cases of the Supreme Court of the Russian Federation dated December 20, 2009).

11. Ryazan City Public Patriotic Organization "Russian National Unity" (correspondence decision of the Railway District Court of Ryazan dated 12.02.2008 and the definition of the Ryazan Railway Court of 12/24/2009).

12. International Public Association "National Socialist Society" ("NSO", "NS") (decision of the Supreme Court of the Russian Federation of 01.02.2010).

13. The group "Jamaat Mukachid" (decision of the Leninsky District Court of the city of Astrakhan from 10/19/2007).

14. "Joint Vilayat Kabarda, Balkaria and Karacha" (decision of the Supreme Court of the Kabardino-Balkarian Republic dated 09.07.2010).

15. Primorskaya regional human rights society organization "Union of Slavyan" (decision of the Primorsky Regional Court of 28.07.2010).

16. International Religious Association "AT-Taffier Val-Hijra" (decision of the Supreme Court of the Russian Federation of 09/15/2010).

17. The local organization of the city of Krasnodar - Pete Boule ("Pit Bull") (Decision of the October District Court of Krasnodar dated August 24, 2010).

18. Regional Public Association "National Socialist Workers' Party of Russia" ("NSRPR") (decision of the judicial board on civil cases of the Nizhny Novgorod Regional Court of 09/22/2010).

19. Interregional social movement "Slavic Union" (decision of the Moscow City Court of 27.04.2010).

20. Interregional public association "Format-18" (decision of the Moscow City Court of 12/20/2010).

21. Religious group "Noble Order of the Devil" (decision of the Supreme Court of the Republic of Mordovia dated December 27, 2010).

22. Interregional public movement "The Army will of the People" (decision of the Moscow City Court of 10/19/2010).

23. Local public organization "National Socialist Initiative of the city of Cherepovets" (Decision of the Cherepovetsky City Court of the Vologda Region dated 05/16/2011).

24. Interregional public association "Spiritual and generic power of Russia" (decision of the Moscow Regional Court of 05.04.2011 and the definition of the Supreme Court of the Russian Federation of 12.07.2011).

25. Tatarstan Regional Office of the All-Russian Patriotic Movement "Russian National Unity" (decision of the Supreme Court of the Republic of Tatarstan dated 21.05.2003).

26. Religious group Sokolova O.V., Russians V.V. and Petina A.G., confessing, cultivating and distributing the ideas of the doctrine of the "Old Russian Inglistic Church of Orthodox Starbers-Ingling" (decision of the Maykopsky District Court of the Republic of Adygea dated 12.12.2008).

27. Interregional association "Russian Nationwide Union" (decision of the Vladimir Regional Court of 30.05.2011 and the definition of the judicial board on civil cases of the Supreme Court of the Russian Federation of 09/06/2011).

28. Interregional public organization "Movement against illegal immigration" (decision of the Moscow City Court of 18.04.2011 and the definition of the Supreme Court of the Russian Federation of 09.08.2011);

29. International Association "Blood and Honor" ("Blood and Honour / Combat18", "B & H", "Bandh") (decision of the Supreme Court of the Russian Federation of 29.05.2012).

"News"

The RPC stated the need to change Elite in Russia

Elected new mufti of Tatarstan.

RBC 04/17/2013, Kazan
13:05:31 On the VI Extraordinary Congress of Muslims Tatarstan, a new one was elected
Mufti of the Republic. According to RBC-Tatarstan, they have become temporarily
The 28-year-old Imam Mosque "Tynychlyk" Camille
Hazrat Samgullin.
link; http://www.rbc.ru/rbcfreenews/20130417130531.shtml

The Ministry of Justice of the Russian Federation published a list
religious organizations for whom plans to submit claims
liquidation. According to published today on the official website
The Ministry of Justice List, 56 religious organizations fell into it.
link:

Article 6. The Law establishes the definition and signs of the religious association:

"Religious association in the Russian Federation 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 having the corresponding basis by the signs:

religion;

committing worships, other religious rites and ceremonies;

training of religion and religious education of its followers. "

Religious associations are the form of collective realization by the personalities of their right to freedom of conscience and freedom of religion.

The distinctive features of the concept of "voluntary association" are:

1) Voluntary creature Associations originally uniting to achieve joint goals by persons;

2) Voluntaryness entry In the union I. stay in him. However, not in all confessions, the internal structure is created and developed by independent association of ordinary believers. In some religions, it is not enough for the creation of religious societies to be united - it is necessary permission or approval from spiritual authorities.

Also, not on the basis of the voluntary willing of the participants, there is a special type of religious association - a religious institution or an organization created by a centralized religious organization in accordance with paragraph 6 of Art. 8 of the law, in particular agencies of professional religious education. In such religious associations, only one founder, a legal entity - a centralized religious organization, and they, strictly speaking, cannot be considered as a voluntary association of citizens. Citizens voluntarily participate in the activities of a religious institution, but are not its creators.

Unlike other non-commercial, including public associations, the main purpose of the religious association is not determined by its founders, but is established by the commentated norm. Although legislation resolves religious organizations to carry out a wide range of activities, "joint confession and distribution of faith" should be indicated as a goal. For example, a religious organization has the right to carry out charitable activities. But in accordance with Art. 6 FZ "On charitable activities and charitable organizations", charitable organizationit is a non-governmental (non-governmental and non-municipal) non-profit organization established for the implementation of the objectives provided for by this federal law by implementing charitable activities in the interests of society as a whole or individual categories of persons.

The objectives of charitable activities are listed in Art. 2 named law. Thus, the same legal entity cannot simultaneously have the status of a religious association and a charitable organization - they are created for different purposes. This, of course, does not interfere with the religious organization, including charitable activities, and a charitable organization, for example, to accompany their activities with religious rites. But to take advantage of special rights and benefits established only for charitable or only for religious organizations, depending on whether the organization is registered as a religious or as a charity.

Combining the status of a religious association and educational institution is possible for institutions of professional religious education. At the same time, the Law "On Education" does not determine the purpose of the educational institution, fixing in Art. 12 Only that "educational is an institution that carries out the educational process."

For religious associations in the form of religious groups, in the absence of a charter, the purpose of the formation of a religious association can be formally not fixed, but it must have the signs listed in the commentible norm (see further comment on Article 7 of the Federal Law "On Freedom of Conscience ...") .

The Civil Code of the Russian Federation in Article 50 subdivides legal entities for commercial and non-commercial, identifying non-profit organizations as non-profit of profit as a major goal and not distributing the profit between participants. Art. 117 of the Civil Code of the Russian Federation refers religious organizations to non-commercial organizations. To religious associations not possessing the rights of a legal entity (religious groups), the classification provided for by Art. 50 GK, formally not applicable. Religious groups, without subjects of civil legal relations, in principle can not profit (income can receive only participants in the religious group, acting as individuals). However, due to certain in Art. 6 and 7 goals for the formation of a religious association in the form of a religious group other than profit, one can state that all religious associations have a non-commercial purpose.

FZ "On Freedom Conscience ..." suggests that religious association "Admitted"such. The basis for recognition is the compliance of the purpose and signs of the combination of topics that are established by law. Thus, not any union, proclaiming itself with religious, is recognized as such. In addition to self-identification, the objective properties of the religious association should be and the objective properties. Such control of the state is necessary for two main reasons. First, international law provides for a number of special guarantees providing freedom of activity of religious associations Therefore, it is necessary to establish their difference from other units of an ideological nature to determine which associations are subject to these special guarantees.

Secondly, the status of a religious association with the rights of a legal entity provides for the possibility of using tax breaks and special rights, in particular the exclusive right to receive the property or use of the property of religious purposes in state or municipal property. This makes the necessary state control ("recognition") in order to prevent abuses, the formation of pseudoreligious associations in order to access special benefits and rights.

Three signs, mandatory for the religious association, listed in the commentated norm, are formal criteria that allow to distinguish religious associations from any other associations. In practice, the problem of "recognition" or "non-recognition" of unification of religious can arise in the process of adoption by the authorized authority of the documents submitted for the state registration of a religious organization as a legal entity. If the created religious organization has confirmed from the central religious organization of the same religion about entering its structure, the recognition of the religious nature of the organization does not represent. If the application for registration as a legal entity is submitted by the founders who profess the doctrine, previously not presented in the Russian Federation, or the created religious organization belongs to a well-known religion, but is autonomous, not included in the structure of no centralized religious organization, it may be necessary to study Is the professionable teaching of religion (creed). Article 11 of the Federal Law "On Freedom of Conscience ..." provides for the implementation of state religious examination as appropriate.

The listed features make it possible to refuse to recognize as religious those associations that clearly do not possess them: commercial organizations, associations of political, philosophical, trade union, etc. The nature, not having a creed and not committing worship services. At the same time, due to the extreme diversity of religious teachings, an attempt to give an unequivocal answer to the question where the line passes between religion and non-religion is faced with the lack of a single universal definition of religion. On the impossibility in principle, to develop such a definition at one time in the article "Religion" in the "new philosophical encyclopedia" Academician L. N. Mitrochin: "You can even state that an adequate formal-logical definition of religion is not possible at all; Its essence is comprehended only as a result of identifying its specific diverse forms and essential characteristics. " .

The first sign is "religion" or a creed, that is, the presence of a system of sustainability and perceived as absolute truths of the representations about the relationship between man and supernatural. The wording is forced to be very wide, because in a number of religions, such as Confucianism, Taoism, Buddhism, there is no ideas about the personal God, characteristic of Christianity or Islam. As a result of this latitude and uncertainty of the wording, the question arises: what is the difference between the religion from religious and philosophical and philosophical and idealistic teachings about God, the absolute spirit, the Supreme Being, etc.?

The second sign is "the commissioning of worship, other religious rites and ceremonies" - is intended to distinguish between religions from the doctrines of a philosophical-ideological nature, followers of which do not practice rituals and rites (and, as a rule, do not consider their teachings of religion). In centralized religious organizations, committing worships, other religious rites and ceremonies can be carried out both directly and in its structure of local religious organizations.

The third sign - "Training of religion and religious education of its followers" - seems less clear. If the first two signs in the language of logic are called "necessary" (i.e., the presence of each of them is necessary to recognize the merge of religious), then the third sign in the existing formulation cannot be unambiguously perceived as necessary. Some religious associations for various reasons, including due to the lack of convert and youth, for more or less long period are not engaged in any learning and education, but because of this, they do not lose their religious nature. In addition, the concept of "follower" is deprived of legal specificity, so it remains unclear who exactly must train and educate in the union to satisfy the criterion for recognizing him with religious.

Apparently, it would be more correct to mean under the third sign, the presence in the union of religious morality and ethics based on the creed of moral and ethical ideas about the good and evil, due and the unhappy, on which religious education is based. Such a criterion makes it possible to distinguish religion from the teachings and practices of the type of spiritualism and magic. The latter also have the teachings on supernatural, rites and rituals for interaction with the other world, but, as a rule, do not contain special moral and ethical establishments.

To complete the review of the difficulties faced by permission to recognize the association as a religious, we state that Masonry practically ideally meets the criteria for religious association established by the Russian legislator. Only the absence of a desire to be recognized as religious associations to be recognized as religious associations did not put the law enforcement before the need to make an appropriate decision.

Expression " a joint Confession and distribution of faith "suggests unified total Religions in persons who have made a religious association. Worship of various deities in accordance with the teachings of various religions cannot be recognized as "joint" confession of faith. Therefore, interfaith associations, even if their activities are accompanied by ecumenical joint worship services, are not recognized by religious associations. However, in cases of significant proximity to the creeds, the joint confession of faith becomes more possible. For example, the permission of the question of whether the local religious organizations of Sunnis and Shiites can be located as part of a Muslim spiritual department, whether they carry out a joint Confession of faith, in our opinion, lies outside the competence of the state.

In relation to individuals, control over the degree of religious unity of founders and participants (members) of the religious association is difficult or impossible. In relation to centralized religious organizations, the use of a formal approach that takes place in its structure only religious organizations in the charters of which literally identical religion is indicated, it seems to be excessive limitations. This approach turns the secular state in the arbitrator, assessing the measure of the materiality of theological differences, excluding the opinion of the religious organizations themselves on the possibility of uniting in a centralized structure. Apparently, if relating to one religion (Christianity, Islam, Buddhism, etc.), religious organizations consider admissible entry into the structure of a common centralized religious organization, there are no legal obstacles to recognizing this organization as a religious.

A separate problem represents the degree of consistency of the concern to the religious association of the creed and the limits of the competence of state control in this area. It is obvious that union, often and substantially changing the basics of the creed (according to name and / or content) cannot be considered as a religious association. (In this case, there is no possibility to talk about any individual detection, there are no significant signs of religious or other ideological beliefs that the European Court of Human Rights has identified as "views that have reached a certain level of persuasiveness, significance, unity and importance" .) At the same time, the state cannot be drawn into the control of theological provisions. For example, the state should not be judged, as adequately by the Orthodoxy, the creed, a specific religious association, in particular, in the content of the teaching, there are significant changes, but which the participants themselves continue to be considered to be Orthodox. Apparently, the secular state must be limited to a statement presence Religions as the necessary sign of religious association.

In relation to religious associations in the form of religious groups, the confessional identification of their religious accessories in principle lies beyond the competence of the state. (There are no legal grounds subject to state religious examination with a religious group for determining its religion.) In relation to religious organizations, state control is possible for the compliance of the religious accessibility recorded in the charter and actually by the pretended creed. Although in this case the face between the freedom of theological interpretation by the religious organization of its creed and the need to act in accordance with the Charter remains not always a clear.

The law does not establish exceptional Rights of religious associations to carry out activities related to joint confession and spread of faith. Judicial practice knows examples when the commissioning of civil servants by the public association, its work on the spread of religious beliefs was perceived by the regulatory government agencies as a violation of legislation, which gives grounds for the elimination of such a public association in court. It seems that this is an unlawful interpretation of the norms of legislation, detracting with the right to freedom of conscience. From the fact that the religious association aims to joint confession and the spread of faith, it does not logically, it does not exist that the activities of confession and the spread of faith can only be carried out by religious associations. (Similarly, the existence of charitable organizations does not mean that no one besides them is entitled to engage in charitable activities). This issue should be guided by the general principle: "In the field of rights and freedoms, everything is allowed not directly prohibited by law.

FZ "On Freedom of Conscience ..." uses for the designation of persons participating in the activities of the Religious Association, Terms "Member", "Member" and "follower". The concepts of "participant" and "member" are used in law as synonyms. The law leaves for an independent settlement by the charters of religious organizations the nature of their legal relations with individuals involved in their activities. The law also provides religious associations the ability to independently determine whether they are organized on the principle of fixed membership or do not have it.

The legal relationship between religious association and individuals involved in its activities can be reduced to two types. In one embodiment, the participation of an individual is drawn up documented, in accordance with the requirements of the Charter of the Religious Association, and the person is endowed with the rights and obligations provided by the Charter and obligations. In another embodiment, the individual actually participates in the activities of the religious association, but his connection with the religious association is not documented and it does not have the rights and obligations, in particular, does not participate in the management of the activities of the religious association. For example, based on the model charter of the local religious organization, the coming of the Russian Orthodox Church (2009) in the relations of the first type with the arrival consist only by persons included in the parish bodies, the rest of the parishioners are coming in the second species relations.

For comparison: according to the Federal Law "On Public Associations", in Art. 6 gives a clear definition of the concepts of "member" and "participant": "Public Association members are individuals and legal entities - public associations, whose interest in the joint solution of the tasks of this association in accordance with the standards of its charter is issued by the relevant individual statements or documents to consider The number of members of the public association in order to ensure their equality as members of this association "," participants of the Public Association are individuals and legal entities - public associations, expressed support for the purposes of this association and (or) its specific shares participating in its activities without compulsory The conditions of their participation, unless otherwise provided by the Charter.

The Federal Law "On Freedom of Conscience ..." does not introduce terms to designate such significantly qualitatively excellent types of participation of individuals in religious associations, leaving the appropriate regulation at the discretion of religious associations. As a result, there is a lack of terminological unity. In some religious associations, the persons consisting of a fixed basis may be referred to as members, and documented non-participating participants in others - on the contrary. Perhaps the presence in a religious association only persons with documented participation, which may be called participants or members at the discretion of the religious association. In registered as a legal entity, a religious organization, due to the need for legal entities, should be in sufficient individuals, participation, rights and obligations of which in a religious organization are identified documented.

The Federal Law "On Social Associations" directly allows participation (membership) in public associations along with individuals and legal entities (public associations can be founders and members (participants) of other public associations). The commented law leaves the settlement of this issue at the discretion of religious associations. However, a local religious organization may be established only by individuals (citizens of the Russian Federation).

As part of the law-enforced practice accumulated over the years, it is impossible to say that the definition of the concept of "religious association", in which the developers saw one of the main advantages of the law, significantly affected the religious situation. The number of associations, which was denied recognition by religious, turned out to be insignificant, about the associations that were recognized as religious contrary to self-determination, almost unknown. At the same time, refuses to register public associations were made to the registration of public associations, whose charters actually pointed to their religious nature.

In art. 6 Also established restrictions prohibiting the creation of religious associations in government bodies, other state bodies, government agencies and local governments, military units, state and municipal organizations, as well as the creation and activities of associations, the goals and actions of which are contrary to the law. This norm is intended to practically ensure the secular nature of the state, but it does not interfere with civil servants or servicemen to be members of a religious association existing outside the organization or institution, for example, be members of the Parish meeting.

Head of the Legal Service of the Moscow Patriarchate ROC IN. Ksenia (Chernega) also explains that: "The territory, in particular the premises belonging to the relevant authority (organization) can be used to create and the activities of religious associations. For example, on the territory of the Moscow State University. M. V. Lomonosov created and operates the foundation of the Patriarch of Moscow and All Russia - the house temple of the Holy Martyr Tatiana; House temples function in the buildings of Holy Synod and the Senate, enshrined on the right of operational management for the Constitutional Court of the Russian Federation. In such cases, the state authority, local government body, military unit, state (municipal) organization only provide premises (part of the territory) for the creation and activities of the religious association, but the administration and employees of the relevant authority (institution) are not entitled to be part of the founders of such religious Associations, as well as in its control bodies " .

The law introduced two different formsin which religious associations can be created, assigning them the names - religious group and religious organization (Art. 6, p. 2). In the law "On Freedom of Religions" there was one term - "religious associations", which were designated by the associations, both those who had the right of a legal entity and not possessed. In the current law, the main difference between the forms of association is their legal personality, the presence or absence of a legal entity.

Religious group according to article 7, The voluntary association of citizens, educated in order to joint confession and the dissemination of faith, carrying out activities without state registration and the 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.

The religious group is the form of direct implementation of constitutional rights guaranteed by Art. 28 of the Constitution (for the joint confession and dissemination of faith) and Art. 30 of the Constitution (the right to association), - with a fracture order, without mandatory registration, without obtaining permission to create a religious group or notify any authority of its creation.

In the formulation of the first paragraph of Art. 7 speaks only about the association of "citizens", without mentioning persons who do not have Russian citizenship. This generates the possibility of several options for the interpretation of the norm. Either the named persons do not have the right to unite for joint confession and spread of faith (but such an interpretation contradicts Art. 28 of the Constitution and the definition of a religious association given in Art. 6, paragraph 1), or their actual association is not recognized by the commented law by the Religious Group, Either they should form a religious group not otherwise, together with Russian citizens, or a religious group can still be formed by persons who do not have Russian citizenship. Taking into account the establishments of paragraph 3 of Article 2 of the FZ "On Freedom of Conscience ...", it should be concluded that the law does not directly establish the exclusive right of citizens of the Russian Federation to form religious groups, and, therefore, the religious group can be formed and people who do not have Russian citizenship.

The law does not regulate the procedure for the formation of a religious group, as a result, it remains unclear how to clearly state the fact of the occurrence of a religious group can be unambiguously stating. For comparison: the Federal Law "On Public Associations" of May 19, 1995 No. 82-FZ in Article 18 establishes that "Public Association considered created since the adoption at the congress (conference) or the general meeting decisions on the creation of a public association, on the approval of its charter and on the formation of guideline and auditing authorities ". Without these mandatory procedures, the public association cannot "actually" arise, even if there is a group of citizens, together and regularly engaged in any non-profit activity to achieve joint goals.

Unlike the above example, the Federal Law "On Freedom of Conscience ..." does not give an answer to the question: is enough to recognize the fact of formation of a religious group of the existence of an arbitrary basis, that is, the existence of a group of persons engaged in joint confession and distribution of faith and having listed in p. 1 Art. 6 signs (religion; committing worship, other religious rites and ceremonies; training religion and religious education of their followers)? Or, as in creating a public association, the objective signs of the occurrence of the religious group should be accompanied by the subjective intention of its participants to form (create) a religious association, formally expressed in carrying out the constituent assembly?

In the wording of Art. 7 Used expression "Voluntary Association .., educated... "," Citizens, formed ...", And st. 6 uses, applied to all religious associations, as synonymous "education", term "creature". Education (creation) of association cannot happen otherwise, as in the presence of the subjective intention of the participants to form (create) Association. As the comparison with the Federal Law "On Public Associations" shows, only the fact of implementation by several persons of joint actions aimed at achieving a common goal cannot be considered as creating an association. The actual participation of an individual in the joint confession and spread of faith with other persons cannot be identified with the expression of the conscious intention to perform the creator of the association.

Thus, believers have the right to both carry out joint activities for confessing and spreading faith without the formation of a religious group and establish a religious group through conscious willingness in the form of a constituent assembly.

Alternative interpretation, according to which the religious group is recognized in the presence of objective signs defined in Article 6, among other things, without the presence of a formally pronounced willing of participants, to form (create) a religious association, contradicts the norm of Art. 30 of the Constitution of the Russian Federation, according to part 2 of which, "no one can be forced to enter into any union or stay in it." The law enforcement with this approach recognizes the believers by the "participants of the religious group" in addition to their will, forcibly.

In addition, the use of the principle of "recognition of the fact of the emergence of a religious group without a formal institution" entails a number of irresistible practical problems.

The law has not defined the formal quantitative criteria for which the presence of a religious group is recognized - the number of participants, the frequency of the activities carried out, as well as the method of reliably determine who is recognized as a member of the group (in the absence of the Charter and in the absence of voluntary self-identification of the person as a member of the Group). For example, is a believing family recognizing joint prayers, a religious group? Or will it become such an attempt to turn into his faith of an unbeliever family member ("the spread of faith")? Or from the moment of joining the joint committing religious rites of non-family members? In fact, the "recognition of a religious group of a group of persons who do not call themselves such" with this approach is carried out by the discretion of the law enforcement in a very wide framework of the signs of the religious association listed in paragraph 1 of Art. 6. Such recognition of the presence of a religious group only on objective features does not entail any legal consequences, with the exception of special cases considered below.

The creation of religious associations (including in the form of religious groups) is prohibited by paragraph 3 of Art. 6 "In state authorities, other state bodies, government agencies and local governments, military units, state and municipal organizations." Thus, if they recognize the religious group of citizens together by the religious cult, which has objective signs of the religious association listed in Article 6, then all hundreds of prisoners who are going in places of deprivation of liberty for civil servants, studying the law of God, taking the sacrament of baptism ( "The spread of faith"), all groups of believers of military personnel, for whom the Institute of Military clergy is now being created - everyone falls under the ban on the creation of religious associations in relevant government agencies and military units.

The association may be "forcibly" recognized by religious in accordance with objective signs (in addition to the consent of its participants, consider themselves the Religious Association (Group)) in cases provided for by paragraph 2 of Article 14 of the Federal Law "On Freedom of Conscience ...", when the court decides on the prohibition of religious activities Association. (See further comment on Article 14 on the issue of prohibiting the activities of the religious group.)

The absence of certain requirements for the minimum quantitative composition of the religious group with a combination with the principles of the interpretation of the legislation established by paragraph 3 of Art. 2 commented on, it allows us to conclude that in order to create a religious group through the constituent assembly, there are enough two individuals who have reached the age of 18 (by virtue of the provisions of Part 1 of Art. 21 of the Civil Code of the Russian Federation) (on the issue of citizenship of the founders of the religious group, see above ). The law does not establish the obligation of the adoption of the Charter and the formation of the bodies of the religious group, in contrast to the procedure for creating a public association. The established religious group should have the goal and features provided for in paragraph 1 of Art. 6.

The practical importance of the formal institution of the religious group is available in the case provided for in paragraph 2 of the commented article. There are no other legal consequences of the Constituent Assembly.

According to paragraph 2 of Art. 7 FZ "On Freedom of Conscience ...", "Citizens who formed a religious group with the intention to further transform it into a religious organization, notify the establishment and starts of the local government.

In accordance with paragraph 1 of Art. 9 and with paragraph 5 of Art. 11 FZ "On Freedom of Conscience ...", for state registration of a local religious organization, founders are required to submit either confirmation of its existence on this territory for at least fifteen years. (in the form of a religious group) issued by local governments, or confirmation of the entry into the structure of the centralized religious organization of the same religion issued by the specified organization.

If the registered religious organization will be included in the structure of a centralized religious organization, it should not be confirmed by its existence on this territory throughout at least fifteen years issued by local governments. Therefore, the religious group, on the basis of which such a local religious organization is established and registers, is not obliged to notify local government bodies on the creation and start of activity. (The religious group in this case may form and exist indefinitely long term until its participants have decided to establish and register a religious organization. An option is also possible when a religious association did not exist until the constituent meeting of the local religious organization being created. In this case Formally, a religious group temporarily exists between the date of the Constituent Assembly and the date of state registration of the local religious organization. It is also not obliged to notify local governments on creating and starting activities.)

If citizens who formed a religious group with the intention to further transform it into a religious organization, suggest that this local religious organization will not be included in the structure of a centralized religious organization, they must take measures that will provide, after due time, obtaining confirmation of its existence on During at least fifteen years (in the form of a religious group) issued by local governments. To this end, they notify the creation and start of the activities of the religious group of local governments.

The law does not regulate the procedure for registration in local self-government bodies of religious groups, the form of notification. Proof of the creation of a religious group may be the Protocol of the Constituent Assembly. To be able to follow the identification of the religious group before issuing a confirmation of a 15-year period of existence, the notification should also contain information about the name and religious affiliation of the religious group. Although during the constituent assembly of a local religious organization, which is transformed by a religious group, not less than 10 founders (in accordance with the requirements of paragraph 1 of Article 9), the law does not establish the minimum number of the religious group from the moment of education and throughout the 15-year-old The term preceding it to transform into a local religious organization. As shown above, there are enough two founders in the absence of such special requirements for the formation of a religious group.

According to paragraph 3 of Art. 7 FZ "On Freedom of Conscience ...", "Religious groups have the right to commit worship, other religious rites and ceremonies, as well as training religion and religious education of their followers."

Strictly speaking, in this paragraph refers to the right that belongs participantsthe religious group, since the religious group, without being a subject of law, cannot have rights and obligations.

The listed activities are, in accordance with paragraph 1 of Art. 6 ФЗ "On freedom of conscience ...", significant signs of religious association. Religious groups not only have the right to make these actions, but in some kind of "obliged" to perform them, otherwise the group may not be recognized as religious.

The decision of the European Court of Human Rights (ECHR) dated May 12, 2009 in the case of Masayev vs. Moldova, a complaint of Muslim, was fined for participating in a collective prayer along with other Muslims in a private house. The penalty was imposed on the basis of the legislation standards for the "confession of beliefs or rituals" without the prior recognition of a religious denomination by the state. The court stated that the requirement of registration of a religious denomination in itself does not contradict Art. 9 and 11 of the European Convention on the Protection of Human Rights and Fundamental Freedoms. But with the ECHR incompatible "the punishment of individual members of the unregistered confession for the fact that they pray or otherwise show their religious beliefs. The opposite view would mean that the exception from the right to freedom of conscience is made for religious beliefs of minorities, formally not registered by the state " .

Not being subject to laws, religious groups cannot enter into legal relations and carry out activities that require civilian legal personality (for example, to establish media, educational institutions). Without its own property, the religious group cannot carry out charitable activities, only participants in the religious group can speak benefactors. The participants in the religious group are fully guaranteed by Art. 28 of the Constitution to the right to disseminate their religious associations among an indefinitely wide range of persons, and not only among the "followers" of the religious group (the meaning of the concept "follower" is not determined by the commented law).

One of the fundamental differences in the current law from the Law of the RSFSR "On Freedom of Religious" is the complication of the procedure for finding a religious association of the status of a legal entity and the relevant legal personality. The concept of regulating the law of this issue can be expressed approximately as follows. The implementation of the fundamental rights and freedoms of a person and a citizen, requiring the opportunity to unite and act in accordance with their beliefs not to receive any special sanction of the state, can be carried out within the framework of the religious group. But for the acquisition of a religious association of the rights of a legal entity, the ability to enter into legal relations as a whole is necessary for the passage of state registration. Such a requirement is dictated as the general norm of Art. 51 of the Civil Code, according to which state registration is obligatory when creating any legal entities and necessity to make sure religiousthe nature of the organization being created is that the legal capacity to be purchased will not be used to the detriment of the interests of societies. .

In accordance with S. article 8, religious organization 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 accordance with the procedure established by law is registered as a legal entity.

According to paragraph 2 of Article 8 of the Federal Law "On Freedom of Conscience ...", "Religious organizations, depending on the territorial sphere of its activities, are divided into local and centralized».

Despite this wording of the law, the territorial field of activity cannot be considered as main Criterion for differences between the local and centralized religious organization. Of course, as a rule, the territorial sphere of activity of the centralized religious organization is wider, it can extend to the entire Russian Federation. At the same time, the Federal Law "On Freedom of conscience ..." does not establish any limit dimensions of the territorial activity for the local religious organization.

In determining the judicial board on civil cases of the Supreme Court of the Russian Federation of February 6, 2004 No. 60-G04-3 stated that

"Special Federal Law" On Freedom of Conscience and Religious Associations ", in contrast to the Federal Law of May 19, 1995, No. 82-FZ" On public associations "does not establish conditions in accordance with which the activities of a local religious organization is limited to the territory of one municipality (...) The arguments of the cassation appeal that ... Local religious organization has the right to carry out its activities only within the territory of one municipality and has no right to carry out activities within the entire territory of the constituency of the Russian Federation, not necessarily be recognized. "

Article 10 of the Federal Law "On Freedom of Conscience ..." does not require compulsory indication of the territorial sphere of activity of a religious organization. The legislation also does not establish a ban on the activities of a religious organization outside the territorial sphere and does not provide for the application in these cases any sanctions.

During the development of the Federal Law "On Freedom of Conscience ...", the initial version of the draft law provided for the classification of religious organizations into several types depending on the territorial sphere of activity (all-Russian, regional, local). Centralized religious organizations would be related to general or regional, depending on the number of subjects of the Russian Federation, in which local religious organizations are included in their structure. Accordingly, the right to carry out their activities for them would be limited to the corresponding territorial frameworks. However, this option of classification has not entered the final text of the law.

The most significant difference between the local and centralized religious organization is another sign than the territorial scope of activity. Local religious organizations can be created exclusively by individuals (Citizens). Creating centralized religious organizations impossible without the participation of legal entities (local religious organizations), who either be found by the founders of a centralized religious organization, or are included in the composition of the established centralized organization, the founder of which is already an existing (superior) centralized religious organization, the subordination of the authorities of which is provided for by the charters of local religious organizations.

Clause 3 of Article 8 of the Federal Law "On Freedom Conscience ..." found that

"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."

The requirement to constantly accommodate the minimum composition of the participants in the local religious organization in one area or in one city or rural settlement was first introduced in the Federal Law "On Freedom of Conscience ...". The Law of the RSFSR "On Freedom of Religious" did not provide for the requirements for the place of residence of the participants of the religious association. The meaning of the requirement is that a religious organization should have a real opportunity to carry out its activities to joint confession and spread of faith. If the participants in the local religious organization would live at a significant distance from each other, in various regions, they would not have appropriate physical capabilities. At the same time, the absence of the specified restriction would open the opportunity to create fictitious local religious organizations.

However, the law does not establish requirements for the minimum intensity of the commission of worship services, other types of religious activities for the local religious organization. Therefore, its participants, even living at a considerable distance from each other, have a theoretical opportunity to regularly assemble for religious activities. The problem comes down to the size of passage. Thus, the Federal Law "On Freedom of Conscience ..." limits the rights of citizens who do not live in one terrain or in one city or rural settlement, to create a local religious organization.

The law does not directly establish that the decrease in the number of participants in the organization to the amount of less than 10 is the basis for its liquidation. We can assume that the insufficient number of participants is a violation of the norms of paragraph 3 of Art. 8 FZ "On Freedom of Conscience ...", giving reason to eliminate the organization in accordance with paragraph 1 of its art. 14. However, the lack of accurate legal definition of the concept of "participant" makes the outcome of the relevant lawsuit. Charters of local religious organizations using the legislator of discretion provided by the legislator in determining the status of participants, sometimes they do not use this term at all (see, for example, the standard charter of the Orthodox coming of the ROC 2009 at the same time, it is paragraph 7.2 establishes that the number collective Organ members The arrival - the parish meeting - there can be no less than ten people).

In already mentioned above, the definition of the judicial board on civil cases of the Supreme Court of the Russian Federation of February 6, 2004 No. 60-G04-3 was recognized as correct expansion of the concept of "locality" to the subject of the Russian Federation: "The court made the right conclusion that all the founders of the organization live in one The terrain (Kamchatka region), that is, on one part of the territory characterized by the generality of natural, historical, cultural and other signs. "

In determining the Constitutional Court of the Russian Federation of January 25, 2012 No. 115-oh-o complaint of the local religious organization of the Gospel Christian Baptists, Mytishchi, the Biblical Mission, also given the definition of the "locality", which is definitely unambiguously with the borders of any administrative Territorial education:

"In the meaning of paragraph 3 of Article 8 of the Federal Law" On Freedom of Conscience and Religious Associations ", in relationships with its article 6, a part of the territory of the Russian Federation, accommodation within the boundaries of which ensures the possibility of joint confession and spread of faith by committing religious rites and ceremonies " \u003d\u003d\u003d\u003d In practice, disputes often arise about whether the requirements for the place of residence presented by law founders local religious organization spread to all of her participants (members). Registering bodies in a number of regions, including in Moscow and the Moscow region, believe that they all should be accommodated in one area. Deputy. Directors of the Department of Non-Profit Organizations of the Ministry of Justice of the Russian Federation, T. V. Vagina claims that "permanent accommodation in one area either in one city or rural settlement is a prerequisite for membership in a local religious organization in accordance with paragraph 3 of Art. 8 FZ "On Freedom Conscience ..." .

However, the Constitutional Court of the Russian Federation in the above-mentioned definition of January 25, 2012 took a different position: "The contested termination (paragraph 3 of Art. 8 of the Federal Law" On Freedom of Conscience ... ". - M.Sh.) ... does not assume that accommodation in one municipality is a prerequisite for membership in a local religious organization. "

In practice, the dispute regarding the citizen's right to be a member (participant) of a local religious organization may occur only if we are talking about fixedmembership, i.e., provided for by the Charter of the organization's documentary accounting for all its members (participants) or on the inclusion of a citizen in any of the authorities of this organization. For example, problems may arise in the event of a chairman or a member of the Audit Commission of the Local Religious Organization of a citizen living in another subject of the federation. (With respect to the person living in another city within the same subject of the Federation, as applied from the above, there are no obstacles).

If a citizen who lives outside the subject of the Federation, in which the local religious organization is located, is constantly coming to her to participate in worship services, in the commission of religious rites, but not listed in any lists of members (participants) of this organization, then there is no Violations of legislation. Recall that in the Federal Law "On Freedom of Conscience ..." there are no definitions of the concepts of "member", "participant" of a religious organization. If the question of who is a member (participant) of a local religious organization is not allowed in its Charter, if it does not have fixed membership, there are no formal legal criteria to distinguish the "participant" of an organization who comes to pray from another region, From the "visitor" of worship.

Clause 4 of Article 8 of the Federal Law "On Freedom of Conscience ..." found that a religious organization consisting in accordance with its charter of at least three local religious organizations is recognized as a centralized religious organization.

The wording "consisting of ..." suggests that the centralized religious organization correlates with the relevant local religious organizations as an integer and part of which it consists. However, the law provides religious organizations with significant freedom of choosing options for legal relations between centralized and local religious organizations. The latter may be members of a centralized religious organization, which they jointly establish the type of association (union), and jointly participate in the management of it. An option is also possible when local religious organizations are not members of the centralized religious organization, but are included in its composition (structure) with the consolidation of rights and obligations (or only duties only) in their charters regarding a centralized religious organization.

In addition to local religious organizations, individuals are included in the centralized religious organization. Such may be considered indirectly (and if it is provided for by the Charter - and directly) members (participants) of the relevant local religious organizations. Their activities for joint confession and dissemination of faith within the framework of local religious organizations can simultaneously be considered as participating in the activities of the unifying local centralized religious organization. Members (participants) of a centralized religious organization may be individuals holding positions in the bodies of this organization.

The law provides for paragraph 6 of Article 8 another species of religious organizations: it the institution or organization created by the centralized religious organization, including guidelines or coordinating authorities, as well as institutions of professional religious education. They must have signs of the religious association established in Art. 6, paragraph 1 of the Law.

This norm takes into account the diversity of structures created to ensure religious life, actually functioning for many years, but not subject to the definitions of a local and centralized organization. The specified type includes: Moscow Patriarchate - the management body of the ROC (Moscow Patriarchate), its department of external church connections and other synodal departments, spiritual academies, seminaries and colleges and many others. Strictly speaking, all of them, as well as centralized religious organizations, do not fully comply with the basic definition of the religious association given in Art. 6, since they are not "voluntary associations of citizens," being created by legal entities, although by nature they are undoubtedly religious. This illustrates how difficult the task of regulatory regulation of the activities of religious organizations is difficult.

The law regulates the right of centralized religious organizations to use in its title of the word "Russia", "Russian" and derivatives from them, established in paragraph 5 of Article 8, which is possible if the structures of such organizations operated on the territory of the Russian Federation on legal grounds at least 50 years Prior to the appeal of the specified organization with a statement statement. This norm is theoretically able to generate many problems associated with the disclosure of the concept of "structure", with the situation of organizations legally operating in the royal, but not in Soviet Russia, with the relationship between the concepts of "Russia" and "Russian Federation". In practice, religious organizations registered before the entry into force of the law retained the right to refer to the "Russian" regardless of the deadline established now, which explained the Constitutional Court in determining from 13.04.2000. No. 46-o complaint of the religious association "Independent Russian Region of the Jesus Company" (Order of Jesuits).

Important for state-confessional relations The provision is enshrined in paragraph 7 of Article 8. According to him, the state authorities in the consideration of 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. This rule is embodied in life with the active assistance of structures ensuring the interaction of the authorities with religious organizations, through the authorities of consultations with representatives of religious organizations before making decisions. For example, representatives of the largest Russian religious organizations regularly participate in the preparation of draft laws governing the activities of religious associations.

At the same time, this rate establishes a certain hierarchy of contacts, although not expressly pronounced. It can be interpreted so that the federal authorities, considering issues related to the life of the country as a whole, should provide the opportunity to participate in their discussion only to those religious organizations whose activities are distributed to the entire Russian Federation. However, federal regulations may significantly affect the interests and those religious organizations that act in certain subjects of the federation and do not have a all-Russian structure. Therefore, the question of when and what religious organizations have the right to participate in the discussion of issues affecting their activities, is not enough.

The law does not disclose the concept of "Issues affecting the activities of a religious organization", which creates additional difficulties. For example, if, when solving a question about the opening of a Protestant prayer house or about the construction of a mosque, local authorities request the opinion of the Orthodox Bishop, the latter may consider that such a decision will adversely affect the activities of neighboring Orthodox parishes. Should the interests of some denominations be taken into account when making decisions related to the activities of others, and how do the authorities preserve objectivity and impartiality? To date, law enforcement practice did not give an unequivocal answer to these questions.

According to the requirements of Article 8, paragraph 8,

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

However, "the law does not explain how the religion should be marked in the name of a religious organization. For example, if we are talking about the religious organization of the Christian denomination, is there enough mention of Christianity at all or is required to specify a type of creed (Orthodox, Anglican, Baptist, etc.)? Legislation does not contain clarification on this account. " .

In accordance with the provisions of paragraph 9 of Article 8,

"A religious organization is obliged to inform the body that has decided on its state registration on the change in the information specified in paragraph 1 of Article 5 of the Federal Law of 08.08.2001 No. 129-FZ" On State Registration of Legal Entities and Individual Entrepreneurs ", with the exception of information about Received licenses for three days from the moment of such changes. "

A complete list of information included in the Unified State Register of Legal Entities (EGRUL):

"A) Full name. In case, in the constituent documents of a legal entity, its name is indicated in one of the languages \u200b\u200bof the Peoples of the Russian Federation and (or) in a foreign language, the state register indicates the name of a legal entity in these languages;

b) organizational and legal form;

c) the address (location) of the permanent executive body of a legal entity (in the absence of a permanent executive body of a legal entity - another body or persons who have the right to act on behalf of a legal entity without a power of attorney), in which communication with a legal entity is communicated;

d) a way to form a legal entity (creation or reorganization);

e) information about the founders of a legal entity;

e) copies of the constituent documents of a legal entity;

g) information about the succession - for legal entities created as a result of the reorganization of other legal entities, for legal entities, in the constituent documents of which changes are made in connection with reorganization, as well as for legal entities that have ceased operations as a result of reorganization;

h) the date of registration of changes made to the constituent documents of a legal entity, or in cases established by law, the date of receipt by the registering authority of the notification of changes made to the constituent documents;

and) a way to terminate the activities of a legal entity (by reorganization or by liquidation);

k) surname, name, patronymic and position of a person who is entitled without a power of attorney to act on behalf of a legal entity, as well as passport details of such a person or other documents certifying the identity in accordance with the legislation of the Russian Federation and the taxpayer identification number in its presence;

l) information on licenses received by a legal entity. According to the same, paragraph 9 of Art. 8 of the law a religious organization is also obliged to inform the authority annually, which decided on its state registration, to continue its activities.

The Federal Law "On Non-Profit Organizations" establishes in Art. 32, which is non-profit, including religious, organizations "are obliged to submit documents to the authorized body containing a report on their activities, the personal composition of the governing bodies, as well as documents on the expenditure of funds and the use of other property, including those received from international and foreign organizations, foreign citizens and stateless persons. "

Decree of the Government of the Russian Federation dated April 15, 2006 No. 212 found that the reporting period - no later than April 15, the year followed.

In accordance with paragraph 3.1 of Art. 32 of this law, non-profit (including religious) organizations that meet the following three criteria are exempt from the provision of the report:

their founders (participants, members) are not foreign citizens and (or) organizations or a stateless person,

they did not have during the year of property and cash from international or foreign organizations, foreign citizens, stateless persons,

the receipts of property and cash of such non-profit organizations during the year amounted to up to three million rubles.

Such religious organizations are submitted to the Ministry of Justice or its territorial authority statement, confirming their compliance with this item, and information in arbitrary form about the continuation of their activities every year, no later than April 15, the year following the reporting.

The form of the report of religious organizations is approved by the Order of the Ministry of Justice of the Russian Federation of March 29, 2010 No. 72.

Order of the Ministry of Justice of the Russian Federation of 10/07/2010 No. 252 for religious organizations is charged with the obligation to post its reports or information on the continuation of the activities on the Internet. Reports and reports are posted on the information resources of the Ministry of Justice of Russia on the Internet, intended for posting reports and communications, access to which is carried out through the official website of the Ministry of Justice of Russia (www.minjust. RU) and official sites of its territorial bodies on the Internet (hereinafter - information resources Ministry of Justice of Russia on the Internet).

Currently, the question of whether the religious organization must be regulated whether the religious organization submitted report About their activities in accordance with the requirements of Art. 32 FZ "On non-commercial organizations", additionally inform the bodies of the Ministry of Justice about the continuation of their activities In accordance with the requirements of Art. 8 p. 9 of the Federal Law "On Freedom of Conscience ..." (this problem does not arise in relation to those religious organizations, which for the above reasons are exempt from the obligation to provide an annual report and are limited to informing about the continuation of their activities.) From a formal point of view, "Report on activities "And" Information on continuing activities "is two different documents. However, the practice of the Ministry of Justice does not require additional informing about the continuation of the activities from the report of a religious organization.

In case the religious organization ceased to provide the above information due to the actual termination of its activities, the law provides that

"Repeated failure to submit a religious organization within the established period of updated information necessary for making changes to the Unified State Register of Legal Entities, is the basis for the appeal of the body that has decided on the state registration of a religious organization, to the court with the requirement of recognizing this organization who has ceased operations as a legal organization Persons and on the exception of her from the Unified State Register of Legal Entities. "

This is the position of paragraph 9 of Art. 8 corresponds to paragraph 1 of Art. 14 of the law, which indicates the possibility of eliminating a religious organization by a court decision in the case provided for by paragraph 9 of Art. 8. (See further comments on Article 14 of the Federal Law "On Freedom of Conscience ...".) The Federal Law "On Non-Profit Organizations" also established in paragraph 10 of Article 32, which

"Repeated failure to submit a non-profit organization within the established period of information provided for in this article is the basis for the appeal of the authorized body or its territorial body to court with a statement on the liquidation of this non-commercial organization."

However, if a religious organization actually continues its activities and does not commit violations of legislation (except for the timely submission of the above information), liquidation cannot be used as a sanction, that is, as a form of "punishment" of such a religious organization. In the definition of the Constitutional Court of the Russian Federation dated February 7, 2002 No. 7, it is said that the decision of the termination of the activities of a religious organization is possible

"Only in the event that it is properly proved that it has ceased to work or carries out of the obligations of a religious organization arising from the Constitution of the Russian Federation as a legal entity, unlawful activities. Wherein the court deciding on the liquidation of a religious organization As not passed the re-registration within the specified period, including due to the termination of its activities, can not be limited to establishing formal conditions for applying positions p. 4 art. 27 (troubleshooting re-registration for the specified period) and p. 9 tbsp. 8 (failure to submit the necessary information) named federal law "(italics mine. - M.Sh.).

Legislation establishes administrative responsibility For non-fulfillment (improper execution), a religious organization is obligated to submit the above information to the authorized body. Article 19.7 of the Code of Administrative Offenses of the Russian Federation provides for failure to submit or late submission to the state body (official) of information (information), the submission of which is provided for by law and is necessary for the implementation of this body (official) of his legitimate activities, as well as submission to the state authority (official) such information (information) in incomplete or in a distorted form of an administrative fine on citizens in the amount of from a hundred to three hundred rubles; on officials - from three hundred to five hundred rubles; On legal entities - from three to five thousand rubles.

Article 9. Regulates the procedure for creating religious organizations. The founders of the local religious organization should be at least ten citizens of the Russian Federation. Thus, persons who are not Russian citizens cannot act as the founders of the organization. However, such persons, constantly and legal grounds living in Russia, may be members (participants) of the organization and even its leaders.

According to the scheme laid in law, the social adaptation in Russia of the new religious movement should be as follows: Initially, the followers of the new religion form a religious group, notify the establishment of local self-government. Then the 15-year term must pass, during which a clear idea of \u200b\u200bthe nature of the activity of this group is drawn up, confidence appears in the absence of offenses in it, public danger. After that, the group receives state registration and becomes a local religious organization. The same way should take at least two other religious groups. Only after that, three local religious organizations will be able to establish a centralized and further increase in the number of religious organizations of this denomination will occur without restrictions on time.

The European Court of Human Rights in the decision of 10.10.2009 in the case of "Kiml and Other Against Russia" acknowledged the restrictions established by the "Rule of 15 years" who violate Article 9 of the European Convention on the Protection of Human Rights and Fundamental Freedoms. Thus, after the adoption of this decision, the ECHR "Rule of 15 years", in fact, ceased to be applied, although the changes in the legislation have not yet been made.

The ECHR pointed out in the above decree that the state is obliged to take measures aimed at eliminating refusals to register religious organizations on the motive of non-compliance with the requirements for the preliminary existence of a religious association for at least 15 years as a religious group.

Thus, after the entry into force of the specified decision of the ECHR, the Ministry of Justice of Russia and its territorial bodies not entitled In justifying the refusal of the state registration of a religious organization or leaving the relevant statement without considering the absence of (failure to submit) a document confirming the existence of a religious group for at least 15 years.

In this regard, it requires the adjustment of the name of the commented article on the need to provide for state registration of a local religious organization to confirm the existence of a religious group in a given territory for at least 15 years issued by the local governance authority .

A centralized religious organization may be formed in the presence of at least three local organizations. The law it does not directly indicate that local organizations included in the structure of the centralized should belong to one religion, but indirectly it follows from the established in Art. 6 sign of the religious nature of the organization - the presence of religion.

With respect to local religious organizations, at least ten citizens of the founders were established by the Law "On Freedom of Religious" in return for the twenty necessary in Soviet times. This was undertaken as one of the steps to liberalize legislation. This figure (10) was not substantiated by any sociological data, practical or legal considerations.

Sometimes opinions are expressed about the feasibility of increasing the minimum number of founders, although, we note, the number of real participants in the organization may be in practice and more, and less than the number of founders. One hundred and two hundred people entering the religious group can make the founders of a religious organization in full, and they can choose only the necessary ten participants for this. At the same time, an increase in the minimum number of founders is able to push the lack of believers will be filmed by attracting friends and acquaintances who are ready to assist them in registration, but are not practicing participants in the religious association.

It will not be difficult to counteract this practice; Formally, it contradicts the law, but how to check whether all founders participate in worship services, in religious activities and how often? As we see, in this case, restrictive measures are unreasonable and capable of leading the results to the opposite desired.

The problem is also interesting, the founder of how many local organizations can act the same citizen. A. E. Sebentsov believes that only one . In the Soviet legislation, there was even a more rigid norm: "Every citizen can be a member of only one religious and cult association (society or group)" . But for such a restriction in the current law there is no reason. You can not even definitely answer whether one citizen can perform the founder of local organizations of different religions. If his own religious beliefs allow you to identify your beliefs with several confessions, it is difficult to see a violation of legislation. Another thing - as this position of a citizen will be considered by the religious organizations themselves, the founders of which he acts. But this is already under the limits of legal regulation.

Several otherwise is the question regarding centralized religious organizations. The maximum number of local religious organizations that can form a centralized, indirectly contributed to the fact that disintegration processes were noticeably accelerated in a number of denominations, during which a number of centralized religious organizations were formed, challenging each other the right to represent the interests of believers in the region or in the country as a whole. But at the same time, the increase in the value will lead to the fact that the law will actually speak to the instrument of maintaining the "intracerer discipline", the means of struggle of the leadership of large denominations against the "Raskolnikov" and oppositionists. The latter will experience much b aboutlef difficulties in creating an alternative centralized religious organization. The bills providing for an increase in the minimum number of local religious organizations needed to educate the CCM were repeatedly introduced into the State Duma, but did not receive support for legislators.

Article 10. Determines the basic requirements for the content of the charter of a religious organization, which is its constituent document. According to paragraph 2 of Art. 10, the charter of the religious organization indicates:

"Name, location, type of religious organization, religion and, in the case of belonging to an existing centralized religious organization, its name;

goals, objectives and basic activities;

the procedure for creating and terminating activities;

the structure of the organization, its management bodies, the procedure for their formation and competence;

sources of education of cash and other property of the organization;

the procedure for making changes and additions to the charter;

order of disposal of property in the event of termination of activities;

other information related to the peculiarities of the activities of this religious organization. "

Article 11. The law is devoted to the state registration of religious organizations. It defines that decision-making The state registration is carried out by the federal executive authority authorized in the field of state registration of public associations or its territorial body (hereinafter referred to as the state registration authority). Currently, this function is performed by the Ministry of Justice and its territorial administrations on the subjects of the Federation. Administrative regulations for the provision of the Ministry of Justice of the Russian Federation State Service for the Decision on State Registration of non-profit organizations approved by order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455.

(Itself check in All types of legal entities are carried out by an authorized state body in accordance with the Federal Law "On State Registration of Legal Entities" of 08.08.2001 No. 129-FZ. Currently, registration of legal entities and their introduction to the Unified State Register of Legal Entities (EGRUL) produced by the Federal Tax Service).

Thus, the state registration authority is considering a statement of registration of a religious organization and the submitted materials and, in the case of a positive decision, transfers them to the authority, making an introduction to the Unified State Register of Legal Entities of the Creation of a Religious Organization.

In art. 11 clause 5 provides a list of documents submitted to the state registration authorities by the founders of the local religious organization:

"Application for registration;

list of persons who create a religious organization, indicating citizenship, place of residence, date of birth;

charter of a religious organization;

protocol of the Constituent Assembly;

a document confirming the existence of a religious group in a given territory for at least fifteen years issued by the local government authority or confirming its entry into a centralized religious organization issued by its leading center;

information on the fundamentals of the creed and the relevant practice, including the history of religion and this association, on the forms and methods of its activities, about the attitude to the family and marriage, to education, the features of the relationship with the health of this religion, restrictions for members and ministers Organizations regarding their civil rights and responsibilities;

information about the address (location) of the permanent governing body of the created religious organization, which communicates with a religious organization;

document on the payment of state duty.

If the founders are not submitted to the document confirming the existence of a religious group in this area for at least fifteen years, the territorial body of the federal state registration authority independently requests the specified information in the relevant local government authority. "

The last paragraph was introduced into the text of the law in connection with the adoption of the Federal Law "On the organization of the provision of state and municipal services", according to which, from July 1, 2011, bodies providing state and municipal services may not have the right to demand documents and information from the applicant that already exist state bodies and organizations, local governments. The authority providing a state or municipal service in the event of non-submission by the applicant of these documents should request them independently (interdepartmental exchange of information and documents).

At the same time, the legal consequences of the failure of the applicant of the document on a 15-year period, as well as the failure to submit the specified document by the local government body at the request of the territorial body of the Ministry of Justice of Russia, are equivalent: the lack of a document confirming the 15-year term of the existence of a religious group in this area, is not a reason for refusal In state registration of a religious organization or leaving the statement of its state registration without consideration.

After the establishment of a single order of registration of legal entities in 2002, a state duty was to be charged upon registering a religious organization. Previously, as in Soviet times, the registration of religious organizations was free, the duty was not taxed. In accordance with Art. 333 33 of the Tax Code of the Russian Federation, the amount of state duty in state registration of a legal entity, including a religious organization, is 4,000 rubles, when registering changes to the constituent documents (in the charter of a religious organization) - 800 rubles.

Clause 9 of Article 11 establishes the right of the authority that makes a decision on registration, with non-compliance with the applicants of the following requirements, leave a statement without consideration. In contrast to refusal to register, in this case it is not indicated for the possibility of challenge in court order to leaving the application without consideration. In art. 11 also refers to the conduct of state religious examination in the necessary cases (paragraph 8).

The procedure for holding state religious examination and the provision on the expert council for the conduct of state religious examination is approved by the Order of the Ministry of Justice of February 18, 2009 No. 53.

A comprehensive list of grounds for which it can be denied the state registration of a religious organization is contained in article 12:

"The goals and activities of the religious organization are contrary to the Constitution of the Russian Federation and the legislation of the Russian Federation;

the organization being created is not recognized as a religious;

the Charter and other submitted documents do not meet the requirements of the legislation of the Russian Federation or the information contained in them is not reliable;

in the Unified State Register of Legal Entities, an organization with the same name is previously registered;

the founder (founders) is unauthorized. "

From a practical point of view, it is not easy to imagine an attempt to register a religious organization, openly proclaiming illegal objectives, however, in the case of a gap in legislation, it would be impossible to motivate the bodies to the authorities. It is more difficult to interpret the formulation of the provision on the contrary to the legislation of the activities of a still created religious organization. If we are talking about violations of the law by members of a religious group, going to register, it is unclear to what extent these violations may be regarded as an unlawful activity of the religious association as a whole.

If there is no at least one of the signs of the religious nature of the Organization, named in Art. 6, it is not religious and it entails a refusal to register. Contradictions by legislation in the Charter and other documents submitted, founders in principle can eliminate with the help of lawyers. The question of the reliability of information about the founders, about the foundations of the creed and religious practice (it is possible to conceal or distorting any odious provisions). The latter is particularly significant when an organization is registered from among new religious movements, which is not included in the structure of a centralized organization.

Refusal to register a religious organization, as well as evasion from registration can be appealed to the court. In this case, the evasion should be understood when the registering authority does not give the applicants any response in excess of the deadlines established by the law. It is possible that such an evasion should be qualified and repeatedly leaving the application without consideration under contrived pretexts. In accordance with the Resolution of the Supreme Court of the Russian Federation of February 10, 2009 No. 2 of cases of challenging the refusal of state registration, evasion from the state registration of religious organizations jurisdated by the courts of general jurisdiction.

According to paragraph 1 of Art. 256 Code of Civil Procedure of the Russian Federation, a citizen has the right to apply to the court with a statement about challenging decisions, actions (inactions) of state authorities within three months from the day when he became aware of the violation of his rights and freedoms. With such a statement, any of the founders of the religious organization being created, since the refusal affects the rights of each of the founders.

Article 13. Regulates the creation and activities of representative offices of foreign religious organizations. The law gives a definition: "A foreign religious organization is called an organization created outside the Russian Federation in accordance with the legislation of a foreign state." Thus, the Catholic parish created in Russia will be russian Local religious organization, and the Orthodox parish of the Moscow Patriarchate, created in Ukraine or in Belarus, - foreign religious organization.

Foreign religious organizations can open their representative offices in Russia, which, however, do not possess the status of a religious association and cannot engage in religious and other religious activities. Currently, the order of registration, discoveries and closures in the Russian Federation of representative offices of foreign religious organizations is approved by order of the Ministry of Justice of Russia No. 62 of 03.03.2009

Art. 13 clause 5 provides that the Russian religious organization has the right to have a representation of a foreign religious organization with him. This right is granted by law and local and centralized organizations, therefore the above-mentioned "registration procedure ..." unreasonably deprives these law local organizations, speaking of the right to have them only for centralized Russian religious organizations. However, in view of the small number of representative offices of foreign religious organizations, which in the whole of the Russian Federation there are only about ten, this problem is irrelevant.

IN article 14. The procedure for the elimination of a religious organization and the ban on the activities of the religious association in the event of a violation of the legislation is violated. First of all, it should be recalled that in the legal language the term "liquidation" has a different semantic color than in everyday speech - this is a cessation of a legal entity, including quite voluntary.

The law relies on the norm established in Article 61 of the Civil Code of the Russian Federation, pointing out two possible options for the elimination of the religious organization: - 1) by decision of the founders or the authority authorized by the Charter of the Organization, and 2) by the court decision in the event of unlawful actions of the Organization or due to the actual termination its activities (self-waiting).

Article 14, paragraph 1, indicates that religious organizations can be eliminated by the decision of the founders or the authority authorized by the charter of a religious organization.

The right to decide on liquidation religious institution, for example, the institutions of professional religious education, has its founder.

In the standard charter of the local religious organization - the coming of the Russian Orthodox Church was made a provision that "in case of adoption by the Parish meeting of the decision on the exit of the coming from the structure and jurisdiction of the Russian Orthodox Church, the parish is deprived of confirmation of the affiliation of the Diocese of the Russian Orthodox Church, which entails the elimination of the arrival and deprives His right to use in the name of phrases and religious symbolism, pointing to the ownership of the Russian Orthodox Church. "

Thus, an additional basis for the elimination of a religious organization as a legal entity, which must occur "automatically", without the adoption of an appropriate solution to the local religious organization, without the adoption of the appropriate solution to the local religious organization authorities. This provision of the Charter is designed to prevent the "escape" of the local religious organization (with all the property belonging to it) from the centralized religious organization of the Russian Orthodox Church. But the registering authority has no right to independently decide on the liquidation of a religious organization on the basis of the provisions contained in its Charter. In the current situation, he may refuse a local religious organization in registering a new charter reflecting its release from the CRC, in view of the fact that such a change in the charter contradicts the above statutory provision on liquidation as a mandatory subsequent exit from the CCM. But the validity of such a refusal is clarified. We are unknown judicial practice on cases related to the elimination of Orthodox local religious organizations, published from the structure of the ROC.

The most important norm of Russian legislation on religious associations, distinguishing it from Soviet legislation, is the norm on exceptional competence of the judiciary Decisions on the liquidation of a religious organization (except for the above voluntary decision on the liquidation taken by the founders or the authority authorized by the Charter of the religious organization), on the prohibition of the activities of the religious association. In Soviet times the right to terminate activities Religious association belonged to the executive authorities. It was carried out with the withdrawal of religious associations from registration by decision of the Council for Religious Affairs at the Council of Ministers of the USSR. In modern Russia, no executive body is endowed with the authority to decide on the liquidation of a religious organization, about the prohibition of the activities of the religious association. The competitive trial, during which a religious association may provide arguments and evidence to protect their interests, is designed to serve as protection against administrative arbitrariness of the executive.

Clause 1 Art. 14 establishes that religious organizations can be eliminated

"By decision of the court in the case of repeated or gross violations of the norms of the Constitution of the Russian Federation, this Federal Law and other federal laws or in the case of a systematic implementation of a religious organization that contradicts the objectives of its creation (statutory purposes);

by the court decision in the case provided for in paragraph 9 of Article 8 of this Federal Law. "

This does not mean, however, that any Repeated violations of laws can serve as a basis for the elimination of a religious organization. In particular, in judicial practice, it is not affected by a sufficient basis for the elimination of a religious organization such a violation of legislation as repeatedly unpandaring a report on its activities or information on continuing activities.

In the definition of 12/14/2010 No. 49-G10-86 of the Supreme Court of the Russian Federation, it is indicated:

"The Office of the Ministry of Justice of the Russian Federation in the Republic of Bashkortostan (hereinafter referred to as the Office) appealed to the court with a statement of claim to eliminate the local Muslim religious organization Mahalla number 1033 p. The Kudashevo Tatyshlinsky district of the Republic of Bashkortostan (hereinafter referred to as a religious organization) and its exclusion from the Unified State Register of Legal Entities.

In justification of their claims, the plaintiff pointed out that during the audit the failure to fulfill the religious organization ... Responsibilities annually inform the body decided on its state registration, on the continuation of its activities no later than April 15, following the reporting. This information is not represented by a religious organization for 2006-2009.

On August 28, 2009, the Office of the defendant was made to eliminate this violation until September 30, 2009, which was not fulfilled.

The indicated circumstances, according to the plaintiff, testify to a repeated violation by the religious organization of the requirements of federal laws and are the basis for its liquidation. (...)

By virtue of para. 2 p. 2 Art. 61 of the Civil Code of the Russian Federation legal entity may be eliminated by the court decision in the case of its structural violations of the law approved when it is created, if these violations are irreparable, or carrying out activities without appropriate permission (license) or prohibited by law or with a violation of the Constitution of the Russian Federation or with other repeated or rude violations of the law or other legal acts, or with a systematic implementation of a non-profit organization, including a public or religious organization (association), a charitable or other fund, an activity contrary to its statutory goals, as well as in other cases provided for by this Code .

In accordance with paragraph 3 of Art. 117 of the Civil Code of the Russian Federation Features of the legal status of public and religious organizations as participants in relations regulated by the code mentioned are determined by law.

The elimination of a religious organization is one of the types of liability of legal entities for the violations, the procedure and reason for the application of which are provided by Art. 32 of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Profit Organizations", Art. 14 of the Federal Law of September 26, 1997 No. 125-FZ "On Freedom of Conscience and on Religious Associations" and Article 61 of the Civil Code of the Russian Federation.

In accordance with paragraph 1 of Art. eighteen and paragraph 10 of Art. 32 of the Federal Law "On Non-Profit Organizations", a non-profit organization can be eliminated on the basis of and in the manner provided for by the Civil Code of the Russian Federation, this federal law and other federal laws. Repeated failure to submit a non-profit organization within the established period of information provided for in this article is the basis for the appeal of the authorized body or its territorial body to court with a statement on the liquidation of this non-profit organization.

In the decision of the COP of the Russian Federation of July 18, 2003 No. 14-P in the case of the verification of the constitutionality of the provisions of Article 35 of the Federal Law "On Joint-Stock Companies", articles 61 and 99 of the Civil Code of the Russian Federation, it is indicated that the absence of a specific list of provisions in paragraph 2 of Article 61 of the Civil Code of the Russian Federation , whose violation can lead to the liquidation of a legal entity, that is, its termination without the transition of rights and obligations in the order of succession, does not mean that this sanction can be applied one by one by a formal basis - in connection with the repeatedness of violations of mandatory legal entities of legal acts. Based on the general principles of legal liability (including the presence of guilt) and established Art. 55 (part 3) of the Constitution of the Russian Federation criteria for the restriction of rights and freedoms, the observance of which is necessarily not only for the legislator, but also for the law enforcement, the contested norm suggests that repeated violations of the law in aggregate should be so significant to allow the court - taking into account all the circumstances of the case, including the assessment of the nature of violations admitted to the legal entity and the consequences caused by them, to decide on the liquidation of a legal entity as a measure necessary for the protection of rights and legitimate interests. Other persons (italics mine. - M.Sh.).

Thus, based on the constitutional and legal meaning of these norms, a legal entity, including public The religious organization cannot be eliminated only by the formal sign of repeatedness of violations of the laws of the law, even subject to their evidence.

The nature of violations admitted to the legal entity, as well as the consequences caused by them should be so significant and unrelacted so that the restoration of legality is possible only by eliminating (italics mine. - M.Sh.).

The liquidation of a legal entity as a response measure for violations of current legislation should be applied in accordance with the overall principles of legal responsibility and to be a proportionate impaired legal entity and the consequences caused by them.

Refusing to satisfy the statement of the Office, the court proceeds correctly from the fact that the violation of the current legislation that occurred in the activities of the named religious organization, which were revealed during the inspection managed, in their nature and their consequences cannot be a sufficient basis for the elimination of this public Organizations.

At the same time, the court correctly took into account the possibility of eliminating the violations admitted, as well as the explanations of the founders of a religious organization that the failure to submit reports is due to the fact that the imam-khatyb mosque was changed, and the previous Imam-Khatib did not give proper documents and any instructions Regarding reporting, which indicates the absence of intentional actions of a religious organization that caused the assumption of these violations. "

In the case of a self-sustaining religious organization, which actually ceased operations and has not informed the authority for three years to continue its activities (in accordance with Article 8 of paragraph 9 of the Law), the organization has been recognized in court Activities and its exception to the EGRUL. From the point of view of civil law, the liquidation (voluntary or coercive) legal entity is a more or less long process, the main content of which is reduced to identifying and satisfying the requirements of creditors, to the disposal of the property of the organization being liquidated. Recognition of the organization who has ceased operations is a statement of the actual disappearance, the abolition of the organization.

Clause 2 of Article 14 contains a list of grounds for the elimination of a religious organization and introduces another concept - "prohibition of activities", which applies to all religious associations, including those who do not have the status of a legal entity, that is, on religious groups.

Such grounds are:

"Violation of public security and public order;

actions aimed at exercising extremist activities;

coercion to the destruction of the family;

encroachment on the identity, rights and freedom of citizens;

application established in accordance with the law damage to morality, health of citizens, including the use of drugs and psychotropic drugs, hypnosis, the commission of depraved and other unlawful actions;

declining to suicide or refusal to religious reasons from the provision of medical care to persons in life and health;

preventing compulsory education;

forcing members and followers of religious association and other persons to alienate property owned by him in favor of a religious association;

preventing the threat of causing harm to life, health, property, if there is a danger of real execution or the use of violent impact, other unlawful actions to exit a citizen from a religious association;

the prompting of citizens to the failure of the execution of civil duties established by law and the commission of other unlawful actions. "

Due to the fact that the religious group is not a legal entity, it cannot be liquidated, the Court may decide only about the prohibition of the activities of the religious group.

In relation to a religious organization, the Court may make a decision that combines the liquidation of a legal entity and the ban on the activities of the liquidated religious association. Thus, a religious organization eliminated by the court for the implementation of the unlawful group will not be able to continue its activities in the form of a religious group.

We pay special attention to the fact that from the Federal Law "On Freedom of Conscience ..." was eliminated by the norm, which was present in the Law of the RSFSR "On Freedom of Religious", according to which the religious association was not responsible for violations of the law committed by its individual members. This rate made it almost impossible to imputiate an offense in the blame in general. Currently, in the case of an offense, with specific individuals, their fault should be established by the court. If there are sufficient grounds to see the causal relationship between the unlawful actions of these citizens and the instructions or order obtained by them in the religious association, the Civil Procedure is already considered to eliminate the relevant religious organization, prohibit the activities of the religious association.

Paragraph 4 of Art. 14 of the law determines in accordance with the terminology of the Federal Law "On State Registration of Legal Entities" the procedure for the state registration of a religious organization in connection with its liquidation.

Clause 6 Art. On 14 of the Law, it establishes that the above grounds and the procedure for the elimination of a religious organization for the decision of the court also apply to the prohibition of the activities of the religious group. Clause 7 suggests that the activities of the religious association can be suspended, a religious organization may be eliminated, and the activities of a religious association that is not a religious organization may be prohibited in the procedure and on the grounds provided for by the Federal Law "On Countering Extremist Activities".

In accordance with the provisions of Article 10 of the Federal Law of July 25, 2002 No. 114 "On Countering Extremist Activity" in the case of the religious organization of extremist activities, which caused a violation of human rights and freedoms and citizen, causing harm to the person, the health of citizens, the environment , public order, public security, property, the legitimate economic interests of physical and (or) legal entities, society and the state or creating a real threat to the causation of such harm, the bodies of the Prosecutor's Office of the Russian Federation, the Ministry of Justice of the Russian Federation and its territorial authorities from the moment they are converted to court A statement on the elimination of a religious organization and (or) the prohibition of the activities of the religious association is entitled to its decision to suspend the activity of a religious organization before the court consideration of the specified statement.

Prosecutor's Office may suspend the activities of the religious group. Since the trial and making decisions on this kind may continue for a sufficiently long time, the suspension of the religious association allows you to prevent the situation when, being already attracted to the court proceedings, it would continue extremist activities up to the decision of the decision on its liquidation ( prohibit its activities). If the Court does not satisfy the application for the liquidation of a religious organization (about prohibiting the activities of the religious association), then it resumes its activities after the decision of the court decision into legal force.

The application of the provisions of Article 14 for the prohibition of a religious group is hampered by the lack of clear formal criteria, allowing to state the fact of the creation and existence of a religious group in the event that the participants in the alleged religious group do not consider themselves such if they did not provide a formal institution of the religious group (see above the comment to Article 7 of the Law). The court may be concluded that the offenses of the Group of Persons and the presence of a set of objective signs of a religious association in the collective activities of a group of persons who committed an offense. However, in the absence of self-identification of the perpetrators as participants in the religious group, in the absence of a formal decision on the establishment of a religious group and its name, in the absence of a complete list of participants in the group (not necessarily identifying a group of people who committed an offense!) Specific content of the judgment on the ban on religious Groups and mechanism of its execution are difficult if not impossible.

The ban on the activities of the religious group can be practically implemented in the event that a premises (built or equipped with a cult building) and other property, specially intended for the activities of the religious group, were provided to carry out its activities from participants. In this case, the fact of a violation of the ban on the activities of the religious group is possible to reliably establish (for example, when renewing the collective commitment of religious rites in a specially equipped prayer room belonging to one of the participants in the group). In the absence of property of the targeted purpose, qualify the actions of the participants of the prohibited religious group as a continuation of its activity is quite problematic.

The practical consequence of the decision-making decision to prohibit the activities of the religious group is the impossibility of its participants to carry out any activity on behalf of the prohibited group. But to disseminate this ban on any joint activities for confessing faith for participants of the prohibited religious group seems incorrect. For example, any joint prayer of the participants of the prohibited religious group should not automatically be considered a prohibition violation. (See Comment to Art. 7: You cannot consider any collective departure of religious rites as the actual appearance (or renewal) of the religious group.)

However, it should be taken into account that the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 of June 28, 2011 "On judicial practice in criminal cases on crimes of extremist orientation" indicates that

"To recognize the organized group, the extremist community does not require a preliminary judgment on the ban on either the elimination of a public or religious association or another organization in connection with the implementation of extremist activities."

Resolution defines the extremist community as

"A stable group of persons who have been united to prepare or commit one or more crimes of extremist orientation, characterized by the presence in its composition of the organizer (supervisor), the stability of the composition, coherence of the actions of its participants in order to implement common criminal intentions."

Thus, the difficulties with the question of whether a religious group was created and, accordingly, whether it is possible to prohibit its activities, do not prevent the curb of the activities of extremist communities.

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.