Law on Freedom of Conscience and Religious Organizations

Law on Freedom of Conscience and Religious Organizations
Name	Law on Freedom of Conscience and Religious Organizations
Enacted	1990
Jurisdiction	Russia
Status	in force (amended)

Law on Freedom of Conscience and Religious Organizations

The Law on Freedom of Conscience and Religious Organizations is a statutory framework enacted to regulate religion-related rights and the legal status of religious organizations within the jurisdiction of the Russian Federation. It establishes formal definitions, registration procedures, and limits on activities for groups such as the Russian Orthodox Church, Muslim communities, Judaism, Catholic Church, Buddhism, and a wide array of new religious movements. The statute has intersected with decisions by the Constitutional Court of Russia, debates in the State Duma, and international commentary from bodies like the European Court of Human Rights and the United Nations Human Rights Committee.

Background and Legislative History

The law was drafted in the aftermath of the collapse of the Soviet Union and enacted by the Supreme Soviet of Russia to replace Soviet-era provisions such as the 1918 Decree on Separation of Church and State and later norms from the RSFSR. Influences included comparative models from the United States Constitution, the French laïcité tradition, and legislation in the United Kingdom and Germany. Debates in the State Duma and among figures like Boris Yeltsin and leaders of the Russian Orthodox Church shaped amendments adopted during the tenures of presidents Vladimir Putin and Dmitry Medvedev. Scholarly responses invoked jurisprudence from the European Court of Human Rights and rulings by the Constitutional Court of the Russian Federation.

Definitions and Scope

The statute defines terms such as freedom of conscience, religion, religious association, religious organization, and missionary activity. It distinguishes between local and centralized organizations, referencing organizational models found in Orthodox Christianity, Sunni Islam, Judaism, Roman Catholicism, Protestantism, and Buddhism. The law delimits activities protected under the Russian Constitution and clarifies relationships with other instruments like the Criminal Code of the Russian Federation and administrative codes. Interpretations have drawn on comparative law from the European Convention on Human Rights and opinions from the Venice Commission.

Major Provisions and Rights Guaranteed

Key provisions guarantee rights to freedom of conscience, private worship, and the expression of beliefs, and they enshrine protections similar to those found in decisions by the European Court of Human Rights on cases such as Kokkinakis v. Greece and Leyla Şahin v. Turkey. The law secures property rights for religious communities, the ability to establish places of worship, and the right to conduct rites, referencing models in the Charter of Fundamental Rights of the European Union. It sets limits on proselytism, charitable activity, and public expression, invoking standards debated in contexts like the Council of Europe and the Organization for Security and Co-operation in Europe.

Registration and Regulation of Religious Organizations

The statute requires registration with federal and regional authorities for legal recognition and taxation, invoking administrative procedures analogous to those used by the Ministry of Justice (Russia). Distinctions are made between registered parishes, religious associations, and centralized religious bodies such as the Moscow Patriarchate and the Congress of Jewish Religious Organizations and Associations. Registration affects rights to acquire property, hire staff, and operate schools, raising issues also addressed by the Ministry of Education of the Russian Federation and municipal governments in cities like Moscow and Saint Petersburg. The law’s registration regime has been compared to regimes in France, Germany, and China.

State and Religious Institutions: Relations and Responsibilities

The law delineates state interaction with religious institutions, regulating cooperation on social services, culture, and charitable work. It frames relationships with institutions such as the Russian Academy of Sciences, regional administrations, and ministries, and it acknowledges historic ties with bodies like the Russian Orthodox Church and the Islamic Religious Board of Russia. Provisions on chaplaincy affect institutions including the Armed Forces of the Russian Federation, the Federal Penitentiary Service, and hospitals. International relations implicate entities like the Holy See and transnational faith networks such as the World Council of Churches.

Enforcement, Penalties, and Legal Remedies

Enforcement mechanisms include administrative sanctions, deregistration, fines under the Code of Administrative Offenses of the Russian Federation, and criminal liability in coordination with the Criminal Code of the Russian Federation for violations such as incitement to hatred. Avenues for legal remedies involve appeals to regional courts, the Supreme Court of the Russian Federation, and constitutional review by the Constitutional Court of the Russian Federation, while aggrieved parties also petition bodies such as the European Court of Human Rights and United Nations treaty committees. High-profile cases have tested enforcement, involving litigants from groups like Jehovah's Witnesses and Hizb ut-Tahrir.

Controversies, Criticism, and Court Cases

The law has prompted controversy over alleged discrimination against minorities including Jehovah's Witnesses, Protestant denominations, New Age groups, and ethnic religious communities in regions like the North Caucasus. Critics cite rulings by the European Court of Human Rights and reports by NGOs such as Human Rights Watch and Amnesty International concerning freedom of religion issues. Landmark court cases include challenges brought to the Supreme Court of the Russian Federation and applications to the European Court of Human Rights arguing violations of Article 9 of the European Convention on Human Rights. Scholarly debates involve comparative assessments with laws in the United States and France and policy analyses from think tanks like the Carnegie Endowment for International Peace and the Wilson Center.

Category:Law of Russia Category:Religion in Russia Category:Human rights law