home Work and education A local religious organization shall be created no less than. The procedure for the creation and liquidation of religious associations in Russia

A local religious organization shall be created no less than. The procedure for the creation and liquidation of religious associations in Russia

Members of religious organizations want to be allowed to expel their leaders. Such amendments to the legislation were prepared by a State Duma deputy Ivan Sukharev. He notes that the concept of a religious organization as a non-profit association appeared in the Civil Code several years ago, but many aspects of their work were not spelled out, so communities continue to be responsible for former leaders, which, for example, turned towards extremism.

First Deputy Chairman of the State Duma Committee on Affairs of Public Associations and Religious Organizations Ivan Sukharev prepared a bill amending the Civil Code of the Russian Federation and the Federal Law “On Freedom of Conscience...”. The deputy's amendments concern the procedure for changing the composition of the founders of a religious organization. According to Sukharev, its absence is a gap in legislation that forces communities to bear responsibility for former gurus who, for example, turned towards extremism.

The explanatory note states: it happens that the founder or participant of a religious organization changes his views or even his religion. In such situation religious organization unable to exclude this citizen, since there is no procedure for changing the composition of founders (participants). The Ministry of Justice writes Sukharev, refuses to exclude founders and participants, citing the absence of an exclusion procedure in federal laws and codes.

“In general, now the regulation of religious organizations does not correlate with the Civil Code of the Russian Federation in a number of provisions - it needs to be corrected. First of all, to provide the opportunity for members of the organization to collectively, by law, exclude their leadership, which differs in views and principles from the organizations. This can be religious extremism, and much more other things for which the organization is responsible,” explained Sukharev.

Court statistics or data sociological research for such episodes are not publicly available.

Chairman of the Interregional Arbitration Court of Moscow and the Moscow Region Oleg Sukhov noted that the proposed amendment would improve the situation of religious organizations.

“In particular, the amendment will allow them to avoid liability in cases where individual founders take the path of extremism or try to use the ANO solely as a source of profit. But at the same time, the corresponding changes in the law could lead to the outbreak of numerous conflicts within the leadership of religious organizations within struggle for the places of founders,” the judge weighed the pros and cons.

Sukhov also noted that the legislation on religious organizations should be supplemented with other norms: prohibiting certain forms of free labor of members of religious communities (and not prohibiting volunteering), as well as inciting hatred.

“The latter is directly prohibited by current legislation, but in practice this is often avoided. For example, in religious texts or during oral speeches, instead of mentioning specific ethnic groups, social or political groups, various euphemisms are used (for example, “the power of the atheists”),” the judge explained. Or, hatred towards another religion is cultivated in the format of theological disputes, confirming the truth of the promoted creed and the unacceptability of other views on the world. In this situation, even experts find it difficult to detect linguistic or psychological signs of inciting hatred."*

Questions practical application modern legislation on state registration religious organizations fall within the competence, first of all, of the heads of these legal entities (diocesan bishops, rectors of monasteries and churches, rectors of spiritual educational institutions, chairmen of fraternities and sororities), as well as their employees, whose responsibilities include the preparation of relevant documentation and contacts with authorized government bodies. It is important for leaders and responsible employees of Orthodox religious organizations to understand the current legal norms in the field of registration of religious organizations during their creation and the related practice of interaction between the Moscow Diocese and the Office of the Ministry of Justice of the Russian Federation for the Moscow Region.

State registration of religious organizations upon their creation

In accordance with paragraph 1 of Art. 3 of the Federal Law “On Not commercial organizations"(hereinafter referred to as the Law on Non-Profit Organizations), which currently has the largest practical significance in matters of state registration of religious organizations, a non-profit organization is considered created as a legal entity from the moment of its state registration in the manner prescribed by law.

According to paragraph 2 of Art. 51 of the Civil Code of the Russian Federation, a legal entity is considered created from the date of making the corresponding entry in the Unified State Register of Legal Entities (USRLE).

Who in practice makes such an entry? What are the registration procedures? necessary documents?

In accordance with Art. 1 of the Federal Law “On State Registration of Legal Entities and individual entrepreneurs", state registration legal entity is an act of the federal executive body, carried out by entering into the state register information about the creation, reorganization or liquidation of a legal entity, as well as other information about the legal entity in accordance with the Law. This federal executive body is the Federal Tax Service.

The Law on Non-Profit Organizations was amended on January 10, 2006 ( the federal law No. 18-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”) Art. 13.1. This norm provides that a non-profit organization is subject to state registration in accordance with Federal Law No. 129-FZ dated 08.08.2001 “On State Registration of Legal Entities and Individual Entrepreneurs”, taking into account the procedure for state registration of non-profit organizations established by this Federal Law 1 .

According to the specified procedure, the decision on state registration (on refusal of state registration) of a non-profit organization is made by the federal executive body authorized in the field of registration of non-profit organizations (the Ministry of Justice of the Russian Federation), or its territorial body ( regional management Ministry of Justice of the Russian Federation). In the text of the Law, the Ministry of Justice of the Russian Federation is briefly called the authorized body 2.

The entry into the unified state register of legal entities of information on the creation of a non-profit organization is carried out by the authorized person in accordance with Art. 2 of the Federal Law of 08.08.2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs” by the federal executive body (Federal Tax Service) on the basis of a decision on state registration taken by the authorized body or its territorial body. For brevity, in the text of the Law the Federal Tax Service is referred to as the registration authority 3.

In article 13.1. The Law on Non-Profit Organizations defines the list of documents submitted for state registration and the grounds for refusal of state registration 4 .

In accordance with paragraph 5 of Art. 13.1. Law on Non-Profit Organizations, for state registration of a non-profit (including religious) organization upon its creation, they are submitted to the authorized body or its territorial body (i.e. to the bodies of the Ministry of Justice of the Russian Federation) following documents(here is an abbreviated list relevant for a religious organization):

1) an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact telephone numbers;

2) constituent documents of the non-profit organization in three copies;

3) a decision on the creation of a non-profit organization and on the approval of its constituent documents indicating the composition of the elected (appointed) bodies in two copies;

4) information about the founders in two copies;

5) document confirming payment of state duty;

6) information about the address (location) of the permanent body of the non-profit organization at which communication with the non-profit organization is carried out.

Let us consider these documents in the context of the process of creating a religious organization. The forms of documents required for the corresponding state registration are determined by the Government of the Russian Federation 5 .

Decree of the Government of the Russian Federation No. 212 of April 15, 2006 approved the forms of documents required for state registration of a non-profit organization upon its creation (Appendix No. 1 of the Decree). This application has a strictly formalized form and includes forms of documents necessary for state registration of all non-profit organizations, therefore some items are not directly related to registered religious organizations and therefore are not filled out. Samples of filling out forms for the specified application were developed by the Moscow Diocesan Administration and sent to the deans of the Moscow Diocese as an attachment to the circular of the Administrator of the Diocese No. 2107 dated August 4, 2006.

Creation of a local religious organization

The list of documents specified in paragraph 5 of Art. 13.1. The Law on Non-Profit Organizations is specified for a local religious organization in paragraph 5 of Art. 11 of the Federal Law “On Freedom of Conscience and Religious Associations” (hereinafter referred to as the Law on Freedom of Conscience), according to which, for state registration of a local religious organization, the founders submit to the appropriate territorial body of the federal state registration body:

1) application for registration;

2) a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth;

3) the charter of the religious organization;

4) minutes of the constituent meeting;

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

6) information about the basics of religious doctrine and the practice corresponding to it, including the history of the emergence of the religion and this association, the forms and methods of its activities, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of followers of this religion, restrictions for members and servants of the organization in relation to their civil rights and obligations;

7) information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out;

8) document confirming payment of state duty.

Current Russian legislation does not define the concept of “founder,” although it establishes his rights and obligations to create a legal entity. The founders adopt the charter of the legal entity, elect governing bodies, and perform other factual and legal actions necessary for state registration of the legal entity and ensuring its normal functioning (Article 52 of the Civil Code of the Russian Federation).

After state registration of a legal entity, its founders automatically become participants (members) of this organization, acquiring all the rights and obligations arising from this participation (membership). Further changes in the composition of the organization's participants do not mean that new members should be considered as its founders, because by the time of their adoption the legal entity had already been created (registered).

An analysis of the current legislation allows us to conclude that in the strict sense of the word, founders are only entities that were indicated as founders in the documents of a legal entity at the time of its initial state registration in the Unified State Register of Legal Entities 6 .

In connection with the above, it should be noted that information about parishioners who were the founders of a local religious organization of an Orthodox parish forever remains in the information about this religious organization contained in the Unified State Register of Legal Entities, even in cases of termination of their activities as part of the parish. New participants (members) of this organization are accepted as such in accordance with the current charter, but information about them is no longer entered into the Unified State Register of Legal Entities.

According to paragraph 1 of Art. 15 of the Law on Non-Profit Organizations, fully capable citizens can act as founders of a non-profit organization. In accordance with clause 1.2. Art. 15 of the same Law, cannot be the founder of a non-profit organization, in particular:

1) a person included in the list in accordance with paragraph 2 of Art. 6 Federal Law dated

August 7, 2001 No. 115-FZ “On combating legalization (laundering) Money obtained by criminal means and the financing of terrorism” - an individual in relation to whom there is information about involvement in extremist activities or terrorism;

2) a person in respect of whom a court decision that has entered into legal force has established that his actions contain signs of extremist activity;

3) a person who does not meet the requirements of federal laws for the founders (participants, members) of a non-profit organization that determine the legal status, procedure for the creation, activities, reorganization and liquidation of certain types of non-profit organizations.

In accordance with paragraph 3 of Art. 8 of the Law on Freedom of Conscience, a local religious organization is recognized as a religious organization consisting of at least ten participants who have reached the age of eighteen and permanently reside in the same locality or in the same urban or rural settlement. Thus, the circle of possible founders is categorically determined on a territorial basis and an age limit is established for them.

The number of founders of a non-profit organization is not limited, unless otherwise established by federal law 7. In accordance with paragraph 1 of Art. 9 of the Law on Freedom of Conscience, the founders of a local religious organization can be at least ten citizens of the Russian Federation united in a religious group.

The concept of “list of persons creating a religious organization” mentioned in paragraph 5 of Art. 11 of the Law on Freedom of Conscience, implies the presence of this list of founders in the minutes of the constituent meeting of the local religious organization, as well as filling out form No. RN0001 (sheet B) for each founder (according to Appendix No. 1 of Resolution No. 212). Sheet B of this form contains the following information about the founder - an individual: last name, first name and patronymic, date and place of birth, indication of Russian citizenship, passport details, permanent place of residence address, contact telephone number. The address of permanent residence must be confirmed permanent residence in this area, according to paragraph 3 of Art. 8 of the Law on Freedom of Conscience.

A feature of the forms of Appendix No. 1 is the need for each of them to be signed by the applicant - the person who, on behalf of the religious group (founders), enters data into the mentioned forms. In this case, the applicant must, within the meaning of the Law on Freedom of Conscience, be one of the founders. As a rule, when registering a local religious organization, the applicant is the rector of the church, appointed by decree of the diocesan bishop.

It is the applicant who signs in the presence of a notary, in accordance with Art. 80 Fundamentals of the legislation of the Russian Federation on notaries, “Application for state registration of a non-profit organization upon its creation,” which indicates: the organizational and legal form and full name of the local religious organization, religion and affiliation with a centralized religious organization, address (location) of the local religious organization, which is the address of the permanent governing body or a person authorized to act on its behalf without a power of attorney, and a contact telephone number. In addition, the application states: the date of the decision to create the organization, i.e. the date of the minutes of the constituent meeting, the number of founders corresponding to the number indicated in the minutes and the number of sheets B of form No. RN0001 filled out for each founder.

The application also indicates the number of persons who have the right to act on behalf of a non-profit organization without a power of attorney (full information about such a person is placed in sheet E of form No. RN0001). In the practice of that part of the Moscow diocese 8, which is under the canonical jurisdiction of Metropolitan of Krutitsky and Kolomna, as a rule, there is only one such person, this is the rector of the parish (he is also, in accordance with the standard parish charter of October 10, 2009, the chairman of the parish council) , information about which is entered into sheet E.

Paragraph 8 of the application contains information on the number of species economic activity, which the parish deals with (this information, entered in accordance with the Decree of the State Standard of the Russian Federation dated November 6, 2001 No. 454-st “On the adoption and implementation of OKVED”, is devoted to sheet G of form No. RN0001). The practice of the Moscow diocese indicates one type of economic activity that is inherent in all religious organizations - “activities of religious organizations.”

Paragraph 9 of the application is devoted directly to information about the applicant, as a rule, the rector of the parish. In the practice of interaction between the Moscow Diocesan Administration and the Office of the Ministry of Justice of the Russian Federation for the Moscow Region, the circumstance that prevents the rector from acting as an applicant when creating a parish is the lack of permanent registration by the rector with the Federal Migration Service in the Moscow Region. This is due to the impossibility of the abbot in this case being the founder of a local religious organization 9 . The subparagraphs of paragraph 9 of the application indicate the first name, patronymic, last name, TIN, passport data, place of residence and contact telephone number of the applicant.

Let's discuss the specifics of drawing up the charter of a local religious organization. Issues of state registration of legal entities and General requirements to their charters are contained in Art. 51 and 52 of the Civil Code of the Russian Federation. The charter is the founding document. According to paragraph 1 of Art. 10 of the Law on Freedom of Conscience, a religious organization operates on the basis of a charter, which is approved by its founders and must meet the requirements of the civil legislation of the Russian Federation. In accordance with paragraph 2 of this article, the charter of a religious organization indicates:

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

2) goals, objectives and main forms of activity;

3) the procedure for creating and terminating activities;

4) the structure of the organization, its governing bodies, the procedure for their formation and competence;

5) sources of formation of funds and other property of the organization;

6) the procedure for making changes and additions to the charter;

7) the procedure for disposing of property in the event of termination of activity;

8) other information related to the specifics of the activities of this religious organization.

In accordance with paragraph 8 of Art. 8 of the Law on Freedom of Conscience, the name of a religious organization must include information about its affiliation with a particular religion. The location of a religious organization is its actual address (the address of the permanent governing body or a person who has the right to act on its behalf without a power of attorney). The charter must reflect the goals, objectives and main forms of activity of a religious organization, regulated by internal regulations. Their presentation must be detailed enough to make it possible to assess their compliance with the requirements established by the Law. The procedure for creating and terminating the activities of an organization is also specified in the charter. Must be illuminated and internal structure this religious organization. It is necessary to indicate the methods of decision-making in the organization that relate to civil relations. In addition, the charter must include the procedure for making changes and additions to the charter, the procedure for disposing of property in the event of termination of activity 10 .

The current standard charter of a local religious organization of an Orthodox parish was adopted by the Holy Synod of the Russian Federation. Orthodox Church October 10, 2009 In practice, it is only necessary to include in the text of the charter of the registered parish its full name and location, as well as the year of formation of the parish and its re-establishment if the temple was closed during the atheistic era of persecution. Title page The charter provides for an indication of the date of the founding meeting of the parish, coinciding with the date of the minutes of this meeting, as well as certification by the signature of the head of the centralized religious organization - the diocese, i.e. the diocesan bishop.

In accordance with clause 41 Administrative regulations provision by the Ministry of Justice of the Russian Federation public services to make a decision on state registration of non-profit organizations, approved by Order of the Ministry of Justice of the Russian Federation dated December 30, 2011 No. 455 (hereinafter referred to as the Administrative Regulations), the charter of a religious organization is submitted in three original copies (one is kept in the department of the Ministry of Justice of Russia, one in the department of the Federal tax service and one at the arrival). According to clause 41 of the Administrative Regulations, the pages of the charter must be numbered and bound.

According to clause 45 of the Administrative Regulations, information about the address (location) of the permanent body of a non-profit organization, through which communication with the non-profit organization is carried out, is indicated in an application signed by an authorized person. Confirmation by the applicant of the specified information with other documents is not required.

In accordance with paragraph 42 of the Administrative Regulations, the minutes of the constituent meeting of a local religious organization, containing the decision on its creation, must contain:

1) date and place of the meeting;

2) list of founders - participants of the meeting;

3) information about the quantitative and personal composition (last name, first name, patronymic) of the working bodies (presidium, secretariat and others);

4) the substance of the decisions taken and the results of voting on them;

5) information (last name, first name, patronymic) about the elected (appointed) members of the governing and control and audit bodies;

6) surname, initials and personal signature of the chairman and secretary of the meeting responsible for drawing up the minutes.

The Moscow Diocesan Administration developed approximate sample minutes of the founding meeting of the parish, reflecting the specific requirements of the standard parish charter.

Paragraph 4 of Art. is important. 13.1. The Law on Non-Profit Organizations, which states that the documents required for state registration of a non-profit organization are submitted to the authorized body or its territorial body no later than three months from the date of the decision to create such an organization. This means that from the day of the constituent meeting (the date of the minutes of the constituent meeting) of the parish and until the day all documents are submitted for registration to the department of the Ministry of Justice, no more than three months should pass.

In the list of required documents, located in paragraph 5 of Art. 13.1. The Law on Non-Profit Organizations also contains “a document... confirming its (the religious group’s) entry into a centralized religious organization, issued by its leadership center.” In the practice of the Moscow Diocesan Administration, this document is official letter Administrator of the Moscow Diocese, Metropolitan Juvenaly of Krutitsy and Kolomna, issued on letterhead and certified by a seal.

“Information about the basics of religious doctrine and the practice corresponding to it, including the history of the emergence of the religion and this association, the forms and methods of its activities, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of followers of this religion, restrictions for members and ministers of the organization in relation to their civil rights and obligations" 11 are presented when creating a local religious organization in the form of an annex to the charters of Orthodox religious organizations of the Russian Orthodox Church during their state registration and re-registration as legal entities under the title "Fundamentals of the doctrine and practice of Orthodox religious organizations of the Russian Orthodox Church" Churches (Moscow Patriarchate)".

According to paragraphs. 1 clause 1 art. 333.33. Part 2 of the Tax Code of the Russian Federation, state duty for state registration of a legal entity, with the exception of state registration of liquidation of legal entities, state registration of political parties and regional branches of political parties, state registration of all-Russian public organizations disabled people and departments that are their structural divisions, is paid in the amount of 4000 rubles.

According to clause 44 of the Administrative Regulations, payment order or another document confirming payment to the relevant budget of the state fee for state registration of a religious organization is presented in the original.

The administrative regulations in paragraph 39 provide that all documents for state registration are submitted in Russian, unless otherwise provided by federal law.

According to clause 41 of the Administrative Regulations, all documents, except for documents submitted to electronic form, and constituent documents of the organization, are submitted for state registration in two copies, one of which must be the original.

Interesting is paragraph 38 of the Administrative Regulations, which states: “When providing public services, it is not allowed:

- requesting documents from the applicant, the provision of which is not provided regulations regulating relations arising in connection with the provision of public services;

— requesting from the applicant documents that are at the disposal of the Ministry of Justice of Russia and its territorial bodies, as well as at the disposal of other state bodies, local governments and organizations.”

In accordance with paragraph 10 of Art. 11 of the Law on Freedom of Conscience, the territorial body of the federal state registration body (Ministry of Justice of the Russian Federation), after making a decision on state registration of a local religious organization, sends to the authorized registration body (territorial department of the Federal Tax Service) the information and documents necessary for this body to carry out the functions of maintaining single state register legal entities.

Based on the decision adopted by the territorial body of the Ministry of Justice of the Russian Federation on the state registration of a religious organization and the necessary information and documents submitted by it, the territorial department of the Federal Tax Service, within a period of no more than five working days from the date of receipt of the necessary information and documents, makes a corresponding entry in the unified state register of legal entities and no later than the working day following the day of making the specified entry, reports this to the body that made the decision on state registration of the religious organization 12.

The territorial body of the Ministry of Justice of the Russian Federation, no later than three working days from the date of receipt from the territorial department of the Federal Tax Service of information about the entry on the religious organization included in the unified state register of legal entities, issues to the applicant a document confirming the fact of making an entry about the religious organization in the unified state register of legal entities 13 .

On the other hand, Law No. 18-FZ of January 10, 2006, which amended the Law on Non-Profit Organizations, provides for an increase in the period for reviewing documents submitted for registration of a non-profit organization. If previously the procedure for registering non-profit organizations took five working days from the date of submission of documents, then after Law No. 18-FZ came into force maximum term review of documents may take 23 working days 14 .

In particular, according to paragraph 8 of Art. 13.1. of the Law on Non-Profit Organizations, the territorial body of the Ministry of Justice of the Russian Federation, in the absence of grounds for refusing state registration of a non-profit organization, no later than fourteen working days from the date of receipt of the necessary documents, makes a decision on state registration of the non-profit organization and sends to the registration authority the information and documents necessary for implementation by the registering authority of the functions of maintaining the legal entity. Based on this decision and information and documents submitted by the authorized body (territorial department of the Ministry of Justice of the Russian Federation) the registering authority (territorial department of the Federal Tax Service) makes a corresponding entry in the Unified State Register of Legal Entities within no more than five working days from the date of receipt of this information and documents and no later than of the working day following the day of making such an entry, reports this to the body that made the decision on state registration of the non-profit organization. The body that made the decision on state registration of a non-profit organization (territorial department of the Ministry of Justice of the Russian Federation), no later than three working days from the date of receipt from the registering authority of information about the inclusion of a non-profit organization in the Unified State Register of Legal Entities, issues the applicant a certificate of state registration 15.

Thus, we are faced with a conflict between special law in the field of activity of religious organizations - the Law on Freedom of Conscience and the Law on Non-Profit Organizations. Clause 10 Art. 11 of the Law on Freedom of Conscience, as set out in the wording of Federal Law No. 58-FZ of June 29, 2004, is not brought into conformity with the later Law of January 10, 2006 No. 18-FZ.

The certificate of state registration, issued to the applicant by the territorial department of the Ministry of Justice of the Russian Federation, is issued in accordance with Order of the Ministry of Justice of Russia dated August 3, 2009 No. 244 “On approval of the form of the certificate of state registration of a non-profit organization.”

In accordance with paragraph 9 of Art. 11 of the Law on Freedom of Conscience, if the applicant fails to comply with the requirements specified in this article and related to the provision of the necessary documents, the body making the decision on state registration of a religious organization has the right to leave the application without consideration with notification of this to the applicant.

Art. 12 of the Law on Freedom of Conscience is devoted to cases of refusal of state registration of a religious organization. According to paragraph 1 of this article, a religious organization may be denied state registration in cases where:

1) the goals and activities of a religious organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation - with reference to specific articles of laws;

2) the organization being created is not recognized as a religious one;

3) the charter and other documents submitted do not comply with the requirements of the legislation of the Russian Federation or the information contained in them is not reliable;

4) an organization with the same name was previously registered in the unified state register of legal entities;

5) the founder (founders) is unauthorized.

In accordance with paragraph 2 of Art. 12 of the Law on Freedom of Conscience, in case of refusal of state registration of a religious organization on the decision made in writing is communicated to the applicant indicating the grounds for refusal. According to this clause, the registration authority’s refusal to state register a religious organization, as well as its evasion from such registration, can be appealed in court.

Creation of a religious organization,
formed by a centralized religious organization

In accordance with paragraph 4 of Art. 11 of the Law on Freedom of Conscience, decisions on state registration of religious organizations formed by a centralized religious organization are made by the body that made the decision on state registration of the corresponding centralized religious organization. If an organization (for example, any church-wide institution) is created centrally, registered with the Ministry of Justice of the Russian Federation (Russian Orthodox Church), it will also be registered with the Ministry of Justice of the Russian Federation.

According to paragraph 2 of Art. 18 of the Law on Freedom of Conscience, in order to implement their statutory goals and objectives, religious organizations, in the manner established by the legislation of the Russian Federation, have the right to create cultural and educational organizations, educational and other institutions, as well as establish mass media.

In accordance with Art. 19 of this Law, religious organizations have the exclusive right to create institutions of professional religious education (spiritual educational institutions) for the training of ministers and religious personnel. Institutions of professional religious education are subject to registration as religious organizations and receive a state license to carry out educational activities.

Religious organizations have the right to carry out, for example, charitable activities by establishing charitable organizations. Federal Law “On Charitable Activities and charitable organizations» provides a list of types of activities recognized as charitable (Article 2).

However, the most common and relevant is the registration of stauropegial and diocesan monasteries, patriarchal, bishops' and monastic metochions.

Let us note the documentary features of state registration of religious organizations formed by centralized religious organizations (Russian Orthodox Church, dioceses).

In accordance with paragraph 7 of Art. 11 of the Law on Freedom of Conscience, the grounds for state registration of organizations formed by centralized religious organizations are:

1) application for registration;

2) list of founders of the religious organization;

3) the charter of the religious organization being created, approved by its founder(s);

4) information about the address (location) of the permanent governing body of the religious organization being created, at which communication with the religious organization is carried out;

5) notarized copies of the charter and the document on state registration of the founder (founders);

6) the corresponding decision of the authorized body of the founder (founders);

7) document confirming payment of state duty.

The requirements for registration and submission of documents for state registration of religious organizations formed by a centralized religious organization are similar to the requirements established for the registration of local religious organizations.

The founder of diocesan monasteries and monastic farmsteads in that part of the Moscow diocese, which is under the canonical jurisdiction of Metropolitan of Krutitsky and Kolomna, is the Orthodox religious organization Moscow Diocese of the Russian Orthodox Church. A notarized application for registration of a diocesan monastery or monastic compound upon creation is signed by the Administrator of the Moscow Diocese, Metropolitan Juvenaly of Krutitsky and Kolomna. The decision to create a diocesan monastery is a corresponding decree of the Holy Synod of the Russian Orthodox Church, and a monastic metochion is a decree of the diocesan bishop.

According to paragraph 8 of Art. 11 of the Law on Freedom of Conscience, an application for state registration of a religious organization created by a centralized religious organization is considered within a month from the date of submission of all required documents.

The procedures for interaction between the authorized and registering state bodies when registering a religious organization created by a centralized religious organization are similar to the process of work of these bodies when registering a local religious organization. The decision to refuse state registration of such religious organizations is made for the same reasons as in cases with local religious organizations.

Hieromonk Lazar (Belomoin),
Referent of the Moscow Diocesan Administration

Commentary on Article 123.26

The commented article is in development of what is contained in paragraph 3 of Art. 50 of the Civil Code of the Russian Federation, a list of types of non-profit organizations, which includes religious organizations, defines the main features for this organizational and legal form of legal entities. According to this article, religious organizations are classified as non-profit unitary organizations.

In accordance with the commented article, a religious organization is a voluntary association of citizens of the Russian Federation or other persons permanently and legally residing on the territory of the Russian Federation, formed by them for the purpose of jointly professing and spreading the faith and registered in the manner prescribed by law as a legal entity. In this case, essentially a religious organization refers to three organizationally and structurally interconnected associations, as well as grouped according to established criteria, positioned as a local religious organization, a centralized religious organization, and a governing (coordinating) body of a religious organization. Moreover, each component of the presented structure can be registered as a legal entity. Federal Law of September 26, 1997 N 125-FZ “On freedom of conscience and religious associations”<1>(hereinafter referred to as the Law on Freedom of Conscience), religious organizations also include an institution or organization created by a centralized religious organization that has the corresponding characteristics inherent only to religious associations, including a governing or coordinating body or institution, as well as a spiritual educational organization(Clause 1, Article 6 of the Law).

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<1>Collection of legislation of the Russian Federation. 1997. N 39. Art. 4465.

Until September 1, 2014, in the legislation, religious organizations had general definition with public organizations and were often considered as a variety of the latter. This, in particular, was emphasized in clause 7.1.3 of the Concept for the Development of Civil Legislation of the Russian Federation: “Various public organizations and associations, political parties, trade unions, religious organizations and associations act in civil legal relations as legal entities solely for the purpose of material support their main activity, which is not the subject of civil law regulation, and therefore acquire strictly targeted legal capacity. As legal entities carrying out certain economic activity, they act in an essentially unified organizational and legal form (public organizations), for which their main activities, which go beyond the scope of civil law and are not affected by their civil legal status as a legal entity, are not essential.”<1>. The need to consider religious organizations as a type of public associations was also noted in the literature<2>.

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<1>Concept of development of civil legislation of the Russian Federation / Entry. Art. A.L. Makovsky. P. 68.

Note.

Textbook “Russian civil law: In 2 volumes. General part. Property right. Inheritance law. Intellectual rights. Personal non-property rights” (volume 1) (edited by E.A. Sukhanov) is included in information bank according to the publication - Statute, 2011 (2nd edition, stereotypical).

<2>See: Russian civil law: Textbook: 2 volumes / Rep. ed. E.A. Sukhanov. M.: Statute, 2010. T. 1: General part. Property right. Inheritance law. Intellectual rights. Personal non-property rights. pp. 272, 273.

It should be noted that a religious organization possesses additional essential features that distinguish it from public associations, which allow such organizations to be considered as an independent form of legal entity. As I.V. rightly noted. Eliseev, “if the features of the organizational structure of a legal entity, the methods of separating its property, its responsibility, the ways of speaking in civil circulation (at least one of these aspects) distinguish it from among the others, then we are dealing with an independent organizational and legal form of a legal entity. Otherwise we're talking about about certain types of organizations within the same organizational and legal form”<1>.

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<1>Civil law: Textbook / Ed. A.P. Sergeeva, Yu.K. Tolstoy. 5th ed. M.: PBOYUL L.V. Rozhnikov, 2000. T. 1. P. 173, 174.

Religious organizations differ from public organizations in many ways. This is also its own, different from public associations, organizational structure, features of separation of property and responsibility to creditors. For example, according to paragraph 5 of Art. 21 of the Law on Freedom of Conscience, movable and immovable property for religious purposes cannot be foreclosed upon by claims of creditors. At the same time, attention should be paid to the fact that the list of such property is established by the Government of the Russian Federation based on proposals from religious organizations. Others have been installed distinctive features, inherent only to religious organizations, for example, on the use of property that is the property of the state, citizens and their associations.

It should also be noted that the Law on Non-Profit Organizations specifically emphasizes the status of religious organizations. Thus, the blanket norms, which provide for the determination by federal law of the specific legal status for public and religious organizations, differ significantly in wording. With regard to religious organizations, it is established that the specifics of the legal status, creation, reorganization and liquidation of religious organizations, management of religious organizations are determined by the Federal Law on Religious Associations (clause 4 of Article 6 of the Law on Non-Profit Organizations). At the same time, the Law on Non-Profit Organizations excludes the application to religious organizations general provisions of this Law on the creation, state registration, reorganization, transformation, liquidation of non-profit organizations, as well as those relating to many other issues of the activities of non-profit organizations (requirements for founders, constituent documents and amendments to them, management bodies, etc.). This clarification applied by the legislator can be explained by an attempt to emphasize the specific regime inherent only to a religious organization as an independent organizational and legal form of a legal entity. The literature also contains a point of view that is polar to the above, according to which a religious organization is an independent organizational and legal form of a legal entity<1>. As a result, in the Civil Code of the Russian Federation, public and religious organizations received independent definitions, as well as a distinction according to their organizational and legal form: the former are classified as corporate non-profit organizations, the second - to unitary non-profit organizations.

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<1>See: Civil Law: Textbook / Ed. A.P. Sergeeva, Yu.K. Tolstoy. 5th ed. M.: PBOYUL L.V. Rozhnikov, 2000. T. 1. P. 179.

In relation to religious organizations, it was not possible to avoid the roughness of the formulations used: “religious organization” and “religious association”. It should be noted that, taking into account the provisions of the Law on Freedom of Conscience, the concept of “religious associations” is used to designate not only religious organizations as legal entities, but also religious groups operating without state registration. In particular, religious associations can be created in the form of religious groups and religious organizations: the first is recognized as a voluntary association of citizens formed for the purpose of jointly professing and spreading the faith, carrying out activities without state registration and acquiring the legal capacity of a legal entity (clause 2 of Article 6 and Clause 1, Article 7 of the said Law). At the same time, the concepts of “religious organization” and “religious association” are completely identical in content.

The Civil Code of the Russian Federation determines the civil legal status of religious organizations, general requirements for the charter and its content, the competence of the governing bodies of a religious organization, as well as the legal regime of its property. Other issues affecting the legal status of religious organizations and the specifics of their activities are determined by the Law on Freedom of Conscience and internal regulations (internal documents) of the religious organization.

Taking into account the specifics of the activities of religious organizations, and, above all, the exceptional importance of its main goal of professing and free dissemination of faith implemented by a religious organization among an unlimited circle of people, an imperative ban has been established for religious organizations on transforming into a legal entity of any other organizational and legal form.

Article 123.27. Founders and charter of a religious organization

Commentary on Article 123.27

Clause 1 of the commented article defines quantitative requirements for the number of founders when creating religious organizations: a local religious organization and a centralized religious organization. At the same time, it was established that the creation of a religious organization must comply with the requirements of the Law on Freedom of Conscience. If a local organization is created individuals in the amount of at least 10 founding citizens, then the centralized religious organization - by local religious organizations already registered as legal entities in the number of at least three or by another already existing centralized religious organization.

In addition to those established in paragraph 1 of Art. 123.26 of the Civil Code of the Russian Federation, the criteria characterizing local and centralized religious organizations, the Law on Freedom of Conscience determines that the division of religious organizations into local and centralized is directly dependent on the scope of their territorial activities (clause 2 of Article 8). At the same time, this Law, in addition to the requirements established by the Civil Code of the Russian Federation for the minimum number of members in a local religious organization, imposes requirements on the identity of the founders of this organization. Firstly, the founder must be 18 years old at the time of creation of such an organization, and secondly, all founders must reside in the same locality or urban or rural district. In addition, it has been established that the following cannot be a founder (participant, member) of a religious organization:

– a foreign citizen or stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision was made that their stay (residence) in the Russian Federation is undesirable;

– a person included in the list in accordance with clause 2 of Art. 6 of the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”;

– a religious organization whose activities have been suspended in accordance with Art. 10 Federal Law of July 25, 2002 N 114-FZ “On Combating Extremist Activities”;

- a person in respect of whom a court decision that has entered into legal force has established that his actions contain signs of extremist activity.

Unlike a local religious organization, the Law on Freedom of Conscience does not establish additional requirements for a centralized religious organization, in comparison with those provided for by the Civil Code of the Russian Federation. The only exception is the special right for a centralized religious organization to use the words “Russia”, “Russian” and derivatives from them in its names. According to the Law on Freedom of Conscience, such a right is granted to a centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least 50 years at the time the said religious organization applied for state registration.
The only constituent document of a religious organization is the charter. The charter of a religious organization is approved by its founders or a centralized religious organization. Taking into account the requirements of the article in question, the charter must, in mandatory the following information will be reflected:

– type of religious organization;

– name of the organization (local or centralized);

- location;

– subject and goals of the activity;

– composition, competence of the bodies of a religious organization and the procedure for their decision-making;

– sources of formation of property of a religious organization and directions of its use;

– the procedure for the distribution of property remaining after the liquidation of a religious organization.

The Law on Freedom of Conscience provides additional requirements for the composition of information about a religious organization. In particular, the Charter of a religious organization also indicates religion and, in the case of belonging to an existing centralized religious organization, the name of such a centralized organization; the procedure for creating and terminating activities and the procedure for making changes and additions to the charter are determined; information related to the specifics of the activities of the relevant religious organization is reflected. In addition, taking into account paragraph 8 of Art. 8 of the Law on Freedom of Conscience, the name of a religious organization must contain information about the religion of such organization. At the same time, when carrying out activities, a religious organization is obliged to indicate its full name.

The procedure for the implementation by the founders of a religious organization of the functions of the organization’s governing body or member collegial body management of the relevant religious organization is determined by the charter of the religious organization and internal regulations in accordance with the Law on Freedom of Conscience. Considering that the Law does not impose significant requirements on the structure of a religious organization and its governing bodies, including collegial ones, religious organizations have significant “freedom” in resolving these issues of competence with their internal documents.

A legal entity in the Russian Federation can only be such a form of religious association as a religious organization. Religious association Art. 6 of the Law “On Freedom of Conscience and Religious Associations” recognizes a voluntary association of citizens of the Russian Federation and other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of jointly professing and spreading the faith and having the following characteristics corresponding to this purpose:

religion;

performance of divine services, other religious rites and ceremonies;

teaching religion and religious education of its followers.

Art. 8 of the Law accordingly defines a religious organization as a religious association registered as a legal entity. A religious organization is also recognized as an institution or organization created by a centralized religious organization in accordance with its charter, having the purpose and characteristics that are provided for in paragraph 1 of Article 6 of this Federal Law, including a governing or coordinating body or institution, as well as an institution of professional religious education ( Part 6 Article 8).

If citizens who have formed a religious group intend to subsequently transform it into a religious organization (and obtain the status of a legal entity), then they must notify local government bodies about its creation and the beginning of its activities (Part 2 of Article 7 of the Law “On Freedom of Conscience and religious associations").

It should be noted that the creation of religious associations in the bodies of state power, other government bodies, government institutions and local governments, military units, state and municipal organizations. The creation and activities of religious associations whose goals and actions are contrary to the law are also prohibited.

Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. A local religious organization is a religious organization consisting of at least ten participants who have reached the age of eighteen and permanently reside in the same locality or in the same urban or rural settlement (Part 3 of Article 8 of the Law). A centralized religious organization is a religious organization that, in accordance with its charter, consists of at least three local religious organizations (Part 4 of Article 8).

A centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least fifty years at the time the said religious organization applies to the registration authority with an application for state registration, has the right to use the words “Russia”, “Russian” and derivatives in its names from them.

The name of a religious organization must contain information about its religion. A religious organization is required to indicate its full name when carrying out activities. In addition, according to Art. 54 of the Civil Code of Russia, the name must contain an indication of its organizational and legal form (religious organization) and the nature of the activities of the legal entity. This name is indicated in the constituent documents of the religious organization.

The founders of a local religious organization can be at least ten citizens of the Russian Federation, united in a religious group that has confirmation of its existence in a given territory for at least fifteen years, issued by local authorities, or confirmation of inclusion in the structure of a centralized religious organization of the same religion issued by the specified organization (Article 9 of the Law “On Freedom of Conscience and Religious Associations”). Religious organizations that do not have a document confirming their existence in the relevant territory for at least fifteen years enjoy the rights of a legal entity, subject to their annual re-registration before the specified fifteen-year period (Article 27 of the Law).

Centralized religious organizations are formed if there are at least three local religious organizations of the same religion in accordance with the religious organizations’ own regulations, unless such regulations contradict the law. Thus, the main element is local religious organizations. The centralization of a religious organization should not be understood as its location in Moscow or any other administrative center. A centralized religious organization can be located, for example, in Kemi; it is simply formed by three local religious organizations located, say, in Sokol, Rabocheostrovsk and Kemi proper.

The religious organization being created operates on the basis of a charter, which is approved by its founders or a centralized religious organization and which must meet the requirements of the civil legislation of the Russian Federation.

The charter of a religious organization indicates (Part 2, Article 10):

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

goals, objectives and main forms of activity;

procedure for creating and terminating activities;

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

sources of funds and other property of the organization;

the procedure for making changes and additions to the charter;

procedure for disposing of property in the event of termination of activity;

other information related to the specifics of the activities of this religious organization.

The decision on state registration of a religious organization is made by the justice authorities.

State registration of a local, as well as a centralized religious organization consisting of local religious organizations located within one subject of the Russian Federation, is carried out by the justice authority of the corresponding subject of the Russian Federation. That is, the centralized religious organization in Kemi from our example must be registered by the Ministry of Justice of the Republic of Karelia.

The federal justice body registers centralized religious organizations that have local religious organizations in the territories of two or more constituent entities of the Russian Federation (if we continue our example, this would happen if this religious organization had another local religious organization in the Murmansk region).

State registration of religious organizations formed by centralized religious organizations in accordance with paragraph 6 of Article 8 of the Law (an institution or organization created by a centralized religious organization in accordance with its charter, having the purpose and characteristics provided for in paragraph 1 of Article 6 of the Law, including a leading or coordinating body or institution, as well as an institution of professional religious education) is carried out by the justice body that registered the relevant religious organization.

For state registration of a local religious organization, the founders must submit to the relevant justice authority:

Application for state registration in the form approved by the Government of the Russian Federation, signed by the applicant, whose signature is notarized

List of persons (founders) creating a religious organization in the established form.

Charter of a religious organization in triplicate.

Copies of the charter must be typewritten, identical, numbered, bound and certified by the governing body (leader) of the religious organization.

Minutes of the founding meeting, containing information about the date and place of the meeting, the quantitative and personal composition of participants and working bodies, the substance of the decisions made (on the creation of a religious organization, the adoption of its charter, the election of governing bodies) and the results of voting on them.

A document confirming the existence of a religious group in a given territory for at least fifteen years, issued by a local government body, or confirming its inclusion in a centralized religious organization, issued by its governing center.

Information about the basics of religious doctrine and the practice corresponding to it, including the history of the emergence of religion and this association; about the forms and methods of its activities; about attitudes towards family and marriage, towards education; characteristics of the attitude towards health of followers of a given religion; restrictions for members and employees of the organization regarding their civil rights and obligations.

Information about the address (location) of the permanent governing body of the religious organization being created, at which communication with the religious organization is carried out.

If the higher governing body (center) of the religious organization being created is located outside the Russian Federation, the charter or other fundamental document of the foreign religious organization, which is certified, must be additionally submitted government agency the state of location of this organization.

If the higher governing body (center) of the religious organization being formed is located outside the Russian Federation, in addition to the documents specified in paragraph 5 of this article, in in the prescribed manner a charter or other fundamental document of a foreign religious organization is submitted, which is certified by the state body of the state where this organization is located (Part 6 of Article 11 of the Law “On Freedom of Conscience and Religious Associations”).

The grounds for state registration of centralized religious organizations, as well as religious organizations formed by centralized religious organizations, are:

Inventory of documents and information submitted for state registration.

Application for state registration in the prescribed form.

List of founders of a religious organization (legal entities).

copies of the charter and the document on state registration of the founder (founders) are notarized.

The charter of the religious organization being created in triplicate, approved by its founder(s).

The corresponding decision of the authorized body of the founder (founders), drawn up in the form of a protocol general meeting, conference, congress, etc. in compliance with the requirements for this type of legal documents.

Information about religious organizations included in the structure of the religious organization being created, with copies of charters and certificates of state registration of at least three local religious organizations included in its structure.

Information about the address (location) of the permanent governing body of the organization being created, at which communication with the religious organization is carried out.

If the higher governing body (center) of the religious organization being created is located outside the Russian Federation, the charter and registration document certified by the relevant body of another country are submitted.

Document confirming payment of state duty.

When creating a centralized religious organization, the founder (founders) also submit the charters of at least three local religious organizations included in its structure, and information about other religious organizations included in the specified structure.

An application for state registration of a religious organization created by a centralized religious organization or on the basis of a confirmation issued by a centralized religious organization is considered within a month from the date of submission of all required documents. In other cases, the registration authority has the right to extend the period for reviewing documents to six months to conduct a state religious studies examination. The procedure for conducting state religious studies examination is established by the Government of the Russian Federation. Please note that such an examination (or any examination at all) is not required for other legal entities.

2. The procedure for the creation and liquidation of religious associations in Russia

Starting this chapter, I consider it necessary to recall the fact that religious associations can exist in two forms, namely:

Religious group

Religious organization.

A religious group is “a voluntary association of citizens formed for the purpose of jointly professing and spreading faith, carrying out activities without state registration and acquiring the legal capacity of a legal entity.”

A religious organization has the same meaning, except for the fact that its formation requires a certain number of followers and state registration. All this is due to the fact that a religious organization, unlike a religious group, is a legal entity, with all the ensuing consequences.

To create a religious group, all that is required is the desire of the group members themselves. A religious group is usually the first step towards creating a religious organization.

To create a religious organization there are a number of requirements established by law:

1) The founders of a local religious organization may be at least ten citizens of the Russian Federation united in a religious group.

2) Availability of confirmation of its existence in a given territory for at least fifteen years, issued by local authorities, or confirmation of entry into the structure of a centralized religious organization of the same religion, issued by the specified organization.

Considering that the law does not regulate the procedure for registering religious groups with local government bodies, issuing confirmation and its form, provide evidence of the existence of a religious group on the territory of the Russian Federation within certain period it can be difficult. There are several ways to solve this problem. As a rule, evidence of the duration of the existence of a religious group must be presented to the local government body by the group itself in the form of state registration data and local records of the former Council for Religious Affairs under the Council of Ministers of the USSR, archival materials, court decisions, testimony and other forms of evidence.

3) Centralized religious organizations are formed if there are at least three local religious organizations of the same religion in accordance with the religious organizations’ own regulations, if such regulations do not contradict the law.

Registration of religious organizations is carried out in accordance with the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

The decision on state registration of a religious organization is made by the federal executive body authorized in the field of state registration of public associations (federal registration service), or its territorial body. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of religious organizations, as well as other information provided for by federal laws, is carried out by the authorized registration body on the basis of a decision on the relevant state registration adopted by the federal state registration body or its territorial body.

A religious organization may be denied registration only in five cases:

The goals and activities of a religious organization contradict the laws of the Russian Federation

The organization being created is not recognized as a religious one

The charter and other documents submitted do not comply with the requirements of the laws of the Russian Federation

An organization with the same name was previously registered in the Unified State Register of Legal Entities

The founder(s) are not authorized.

Religious organizations can be liquidated:

§ by decision of their founders or a body authorized to do so by the charter of a religious organization;

§ by court decision in case of repeated or gross violations norms of the Constitution of the Russian Federation, this Federal Law and other federal laws

§ in the case of a religious organization systematically carrying out activities that contradict the goals of its creation (statutory goals).

§ If a religious organization repeatedly fails to provide, within the prescribed period, updated information necessary to make changes to the unified state register of legal entities, the religious organization may be liquidated by court decision.

The grounds for liquidation and ban on the activities of a religious organization or religious group are:

Violation of public safety and public order;

Actions aimed at carrying out extremist activities;

Forced destruction of the family;

Encroachment on the personality, rights and freedoms of citizens;

Causing damage to the morality and health of citizens established in accordance with the law, including the use of narcotic and psychotropic drugs, hypnosis, committing depraved and other illegal acts;

Inclination to suicide or refusal for religious reasons to provide services medical care persons in a condition dangerous to life and health;

Obstruction of compulsory education;

Forcing members and followers of a religious association and other persons to alienate their property in favor of the religious association;

Preventing a citizen from leaving a religious association with the threat of harm to life, health, property, if there is a danger of its actual execution, or the use of force, or other illegal actions;

Encouraging citizens to refuse to fulfill their civil duties established by law and to commit other illegal actions.

State registration of a religious organization in connection with its liquidation is carried out within no more than ten working days from the date of submission of all documents drawn up in the prescribed manner.

The legal capacity of a liquidated religious organization as a legal entity is terminated, and the property of the said religious organization is distributed in accordance with its charter and the civil legislation of the Russian Federation.

3. Rights and obligations of religious associations under the legislation of the Russian Federation

The legislation of the Russian Federation provides for religious associations great opportunities. Article 28 of the Constitution of the Russian Federation proclaims freedom of conscience and religion, including the right to profess, individually or together with others, any religion or not to profess any, the freedom to choose, have and disseminate religious and other beliefs and act in accordance with them.

The rights of a religious group, on the basis of the Federal Law “On Freedom of Conscience and Religious Associations,” include the performance of divine services, other religious rites and ceremonies, as well as the implementation of religious teaching and religious education of their followers.

Religious organizations have a wider range of rights. Among others, the following rights belong to religious organizations:

1) Religious organizations have the right to establish and maintain religious buildings and structures, other places and objects specifically intended for worship, prayer and religious meetings, religious veneration (pilgrimage).

2) To freely perform divine services, other religious rites and ceremonies in religious buildings and structures and on the territories related to them, in other places provided to religious organizations for these purposes, in places of pilgrimage, in institutions and enterprises of religious organizations, in cemeteries and in crematoria, as well as in residential premises.

3) Conduct religious ceremonies in medical and preventive and hospital institutions, orphanages, boarding homes for the elderly and disabled, in institutions executing criminal penalties in the form of imprisonment, at the request of the citizens in them in premises specially allocated by the administration for these purposes .

4) Produce, acquire, export, import and distribute religious literature, printed, audio and video materials and other religious items.

5) Carry out charitable activities both directly and through the establishment of charitable organizations.

6) Create cultural and educational organizations, educational and other institutions, as well as establish mass media. Create institutions of professional religious education (spiritual educational institutions) for the training of ministers and religious personnel.

7) Establish and maintain international relations and contacts, invite foreign citizens for the purpose of engaging in professional, including preaching, religious activities in these organizations in accordance with federal legislation.

8) Have the right of ownership of property acquired or created by them at their own expense, donated by citizens, organizations or transferred to religious organizations into the ownership of the state or acquired in other ways that do not contradict the law, have ownership of property abroad, as well as use it for your needs land, buildings and property provided to them by state, municipal, public and other organizations and citizens, in accordance with the legislation of the Russian Federation.

9) Implement entrepreneurial activity and create their own enterprises in the manner established by the legislation of the Russian Federation.

10) Religious organizations, in accordance with their charters, have the right to conclude employment contracts(contracts) with employees.

Religious organizations also have other rights provided for by the Federal Law “on freedom of conscience and religious associations” and the Federal Law “on non-profit organizations”.

The responsibilities of religious organizations include:

v A religious organization is required to indicate its full name when carrying out activities.

v A religious organization is obliged to inform the body that made the decision on its state registration about changes in the information specified in paragraph 1 of Article 5 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”. Repeated failure by a religious organization to submit, within the prescribed period, updated information necessary to make changes to the unified state register of legal entities is the basis for the body that made the decision on state registration of the religious organization to apply to the court with a request to recognize this organization as having ceased its activities as a legal entity. and on its exclusion from the unified state register of legal entities.

v Annually inform the body that made the decision on its state registration about the continuation of its activities.

v A religious organization operates on the basis of its charter, which states:

name, location, type of religious organization, religion and, in the case of belonging to an existing centralized religious organization, its name; goals, objectives and main forms of activity; procedure for creating and terminating activities; the structure of the organization, its governing bodies, the procedure for their formation and competence; sources of funds and other property of the organization; the procedure for making changes and additions to the charter; procedure for disposing of property in the event of termination of activity; other information related to the specifics of the activities of this religious organization.

The responsibilities of a religious organization lie only with the organization as a whole as a legal entity and do not extend to its followers.

A religious group has no responsibilities to the state, with the exception that it should not act contrary to the constitution and legislation of the Russian Federation, and acts as a community of like-minded people united by a common goal - the profession and spread of faith.

4. Guarantees of the constitutional and legal status of religious associations in the Russian Federation

After years of anti-religious policies Soviet Union, since the adoption of the RSFSR Law of October 25, 1990 No. 267-1 “On Freedom of Religion,” a new era began in the development of state-confessional relations in our country. The above-mentioned law for the first time in many years determined the basis of the legal status of religious associations. The adoption of the Constitution of the Russian Federation secured the recognition of a number of international treaties in the field of law and, in particular, the foundations of religious status. And in 1997, the Federal Law “On Freedom of Conscience and Religious Associations” was adopted. Thus, in the nineties of the last century, it was formed legal basis activities of religious associations in Russia. At the same time, for the first time in the history of Russia, generally accepted principles and norms of international law and international treaties became part of the legal system of the Russian Federation.

The most important normative legal act regulating the legal status of religious associations is the Constitution of the Russian Federation of 1993, which proclaimed freedom of conscience, freedom of religion, including the right to profess, individually or together with others, any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and act in accordance with them (Article 28), religious associations are separated from the state and are equal before the law (Article 14).

Then, in second place in importance, international legal acts should be highlighted, including:

> Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948. Here, in particular, it says:

“Everyone has the right to freedom of thought, conscience and religion; this includes freedom to change his religion or belief and freedom to manifest his religion or belief, either alone or in community with others and in public or private, in teaching, worship and observances. orders."

> International Covenant on Civil and Political Rights, from which it follows:

“No one shall be subjected to any compulsion which impairs his freedom to have or adopt a religion or belief of his choice. Freedom to manifest a religion or belief is subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health and morals and fundamental rights and freedoms of others."

> European Convention for the Protection of Human Rights and Fundamental Freedoms:

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, either individually or in community with others and in public or private, in worship, teaching, worship or worship.” rituals".

> The “Final Document of the 1989 Vienna Meeting” stipulates that the parties to the treaty “will respect human rights and fundamental freedoms, including freedom of thought, conscience, religion and belief, for everyone, without distinction as to race, sex, language or religion. They also confirm the universal importance of human rights and fundamental freedoms, respect for which is an essential factor in the peace, justice and security necessary to ensure the development of friendly relations and cooperation between them, as among all states."

Despite the fact that the above acts do not mention religious associations as such, the rules dictated by the provisions of the above documents regulate the rights of religious associations and indicate their responsibilities.

Next, we should highlight the races not mentioned in this course work Federal Law "On Freedom of Conscience and Religious Associations". The above law most fully sets out the legal status of religious associations in the Russian Federation. Since its adoption, disputes have not subsided that this legal act contradicts the Constitution of the Russian Federation, which establishes the equality of all religious associations before the law. The following lines are included in the preamble of the law: “...recognizing the special role of Orthodoxy in the history of Russia, in the formation and development of its spirituality and culture, respecting Christianity, Islam, Buddhism, Judaism and other religions that form an integral part of the historical heritage of the peoples of Russia...”. Some researchers point to the fact that by such an indication of the “special role of Orthodoxy” and the list of recognized state religions, the law infringes on the legal status of other religious associations not included in this list.

Here again the question arises of recognizing the existence of the concept of “traditional religion” in Russia. Director of the Institute of State-Confessional Relations and Law I.V. Ponkin, being a defender of this approach, says that differentiation of the entire array of existing religious associations by time of creation, number of adherents and distribution throughout the country is a fair step and is inherent in the legislation of many countries (including a large number of European ones).

Also, the legal status of religious associations is revealed by the Federal Law “On Non-Commercial Organizations”, which sets out the following provisions:

“Public and religious organizations (associations) are recognized as voluntary associations of citizens who, in accordance with the procedure established by law, have united on the basis of their common interests to satisfy spiritual or other non-material needs.

Public and religious organizations (associations) have the right to carry out business activities consistent with the goals for which they were created.

Participants (members) of public and religious organizations (associations) do not retain rights to the property transferred by them to these organizations, including membership fees. Participants (members) of public and religious organizations (associations) are not liable for the obligations of these organizations (associations), and specified organizations(associations) are not responsible for the obligations of their members."

The peculiarities of the legal status of religious associations are also enshrined in other legal acts, such as the Civil Code of the Russian Federation, the Administrative Code of the Russian Federation and others, but all of them essentially only duplicate the above acts.

In conclusion, we can conclude that religious associations have a rather “vague” constitutional and legal status; the rules governing issues relating to their status are not always consistent and sometimes contradictory. Russia is on the verge of a transition to the recognition of traditional religion, when all religious associations are equal before the law, but still one of them has a legally enshrined status of traditional. Time will tell how these problems will be reflected in Russian legislation.

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3.1 Procedure for creating a Limited Liability Company limited liability property Availability of a memorandum of association...

The right of citizens of the Russian Federation to associate

The general procedure for the creation, reorganization and liquidation of public associations is established by Chapter 2 of the Federal Law “On Public Associations”. According to Art...

Legal regulation joint stock company as an organizational and legal form of a legal entity

A company can be created by establishing again and by reorganizing an existing legal entity (merger, accession, division, spin-off, transformation)...

Legal status religious associations

Development prospects social partnership state and religious associations - one of the most pressing problems state-confessional relations. Especially due to the fact...

Religious organizations

The fundamentals of the activities of religious organizations are enshrined in the Constitution of the Russian Federation, in Article 14, according to which Russian Federation- secular state. No religion can be established as a state or compulsory...

The role of religion and religious organizations in social development(or in legal system Ukraine)

The state officially recognizes and formalizes the legal status of religious organizations. Official recognition is achieved by their registration or by notification of the establishment...

A local religious organization shall be created no less than. The procedure for the creation and liquidation of religious associations in Russia

State registration of religious organizations upon their creation

Creation of a local religious organization

Creation of a religious organization, formed by a centralized religious organization

Article 123.27. Founders and charter of a religious organization

2. The procedure for the creation and liquidation of religious associations in Russia

Creation of a religious organization,
formed by a centralized religious organization