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New regulations on foreign religious activity in Russia

By order of the Ministry of Justice of Russia No. 62 of 3 March 2009, the procedure for registration, opening, and closing of representations of foreign religious organizations in the Russian federation was established. The document also established the forms of proof of registration of the representation of a foreign religious organization and the register of representations opened in the Russian federation.

ORDER of the Ministry of Justice of the Russian federation

"CONCERNING ESTABLISHMENT OF THE PROCEDURE OF REGISTRATION, OPENING, AND CLOSING OF REPRESENTATION OF FOREIGN RELIGIOUS ORGANIZATIONS IN THE RUSSIAN FEDERATION"

N 62 of 3 March 2009

In execution of article 48 of the federal law of 23 July 2008 "On introducing changes in separate legislative acts of the Russian federation in connection with improvement of exercise of the powers of the government of the Russian federation", points 3 and 4 of article 13 of the federal law of 26 September 1997 "On freedom of conscience and religious associations, I order:

To confirm the attached procedure of registration, opening, and closing of representations of foreign religious organizations in the Russian federation and to execute it from the date of the announcement that the resolution of the government of the Russian federation of 02 February 1998 "On the procedure of registration, opening, and closing of representations of foreign religious organizations in the Russian federation" is no longer in effect.

Minister A.V. Konovalov

Confirmed by order of the Ministry of Justice of the Russian federation of 3 March 2009

I.  Procedure for opening a representation

1.  In the Procedure for registration, opening, and closing of representations of foreign religious organizations (hereafter, Procedure) a religious organization is called foreign if it has been created outside the boundaries of the Russian federation in accordance with the legislation of a foreign state.

A representation of a foreign religious organization (hereafter, representation) is a specific subdivision of a foreign religious organization that is being opened in the Russian federation and operates in its name and in accordance with its authorization on the basis of powers granted to it. The representation is not a legal entity.

2.  Several foreign religious organizations may, on agreement among themselves, open in the Russian federation a single joint representation.

A centralized Russian religious organization (hereafter, Russian religious organization), registered in accordance with procedures established by legislation of the Russian federation, has the right to include within itself the representation of a foreign religious organization.

3.  The name of the representation must contain the word "representation" and the full name of the foreign religious organization that opened it.

4.  Representations may not engage in worship or any other religious activity, and these do not have the status of a religious association established by legislation of the Russian federation.

5.  Questions of acquisition by a representation of office and living premises, transport, other property and domestic services are resolved by the foreign religious organizations that opened them at their own expense and also on the basis of agreements with Russian religious organizations within which the representation was opened.

6.  Proof of the registration of a representation of a foreign religious organization (hereafter, proof) is the basis for application, at diplomatic representations or consulate institutions of the Russian federation, by the foreign religious organization that has been opened for visas for entry into the Russian federation of foreign citizens for work within the representation, and also at offices of internal affairs of the Russian federation for issuance of registration in the Russian federation of these citizens and members of their families.

7.  Personnel of a representation are designated and employed by a foreign religious organization within the numerical limit of foreign citizens agreed upon with the Ministry of Justice of Russia at the time of registration of the representation, as well as citizens of the Russian federation.

Employment of citizens of the Russian federation for work in the representation is conducted in accordance with legislation of the Russian federation.

8.  The activity of representations is independent of the relationship between them and the foreign religious organization (organizations) that opened them and is conducted in accordance with legislation of the Russian federation.

II.  Procedure for registration of a representation

9.  The representation is considered to be opened from the day of its registration by the Ministry of Justice of Russia.

10.  The person authorized by a foreign religious organization to conclude in its name agreements concerning the opening of a representation presents for its registration to the Ministry of Justice of Russia the following documents:

a.  application for opening and registering a representation, signed by the authorized person (persons) of the foreign religious organization, which provides brief information about this religious organization;

b.  statement concerning the representation which indicates the goal and basic forms of activity of the representation, location (address) and territory of its activity, and the number of foreign employees of the representation;

c.  in the case of the opening of a representation within a Russian religious organization, the corresponding decision of the authorized organ and an application from this organization;

d. decision of the authorized organ of the foreign religious organization (organizations) concerning opening of its representation in the Russian federation and appointment of the director of the representation (representative).

e.  copy of the organizing documents, proof of registration, or other documents establishing the legal existence of the foreign religious organization.

Documents of foreign religious organizations and institutions of foreign states are submitted in the state (official) language with a translation into Russia, certified by the established procedure.

11.  The Ministry of Justice of Russia has the right to request supplemental information and to conduct verification of the information contained in the submitted documents.

12.  Registration of the representation is completed within a three-month period from the day of submission by the applicant of all documents indicated in point 8 of the Procedure.

In the event that the applicant is requested to submit supplementary information, the indicated period may be extended to six months.

13.  Upon making a decision regarding registration of a representation, the Ministry of Justice of Russia issues to the applicant, for a period of three years, proof of the registration of the representation of a foreign religious organization in the established form (appendix no. 1). The period of the validity of the proof may be extended for the subsequent three-year period when there is a corresponding application from the foreign religious organization and, in the case of the opening of a representation within a Russian religious organization, a corresponding application from that organization.

14.  The certificate of proof is signed by a deputy of the Ministry of Justice of the Russian federation who oversees matters of state registration and supervision of the activity of religious organizations and is certified by a seal with the state coat of arms of the Russian federation.

15.  The decision concerning registration (or denial of registration) is enacted by a resolution of the Ministry of Justice of Russia.

16.  The decision concerning registration of a representation is the basis for entry of information about it into the register of representations of foreign religious organizations that have been opened in the Russian federation (hereafter, register), which is maintained by the Ministry of Justice of Russia (appendix no. 2)

17.  Bases for denial of registration of a representation:

a.  the goals and activity of the foreign religious organization applying for opening its representation in the Russian federation violate the constitution of the Russian federation and legislation of the Russian federation;

b.  the documents submitted do not conform to the requirements of the legislation of the Russian federation or the Procedure, or they contain unreliable information;

c.  a representation previously registered on the territory of the Russian federation had been closed in connection with the performance of activity forbidden by law or with other violations of the legislation of the Russian federation.

18.  In the event of denial of registration of a representation, the applicant is informed of this in writing, with a statement of the specific provisions of the constitution of the Russian federation, legislation of the Russian federation, or this Procedure whose violation is the reason for denial of registration of the representation.

Notification of denial of registration must be sent to the application no later than seven days from the date of the adoption of the decision to deny registration.

Denial of registration of a representation may be appealed in court.

19.  In the event of the liquidation of a foreign religious organization that opened a representation, or cessation of the activity of the representation before the end of the term, or replacement of its director (representative), or change of the location (address) of the representation, or the number of foreign employees, the foreign religious organization or the director of the representation must, within one month, inform the Ministry of Justice about this and append documents of confirmation.

20.  On the basis of the documents submitted by the foreign religious organization or director of the representation, the Ministry of Justice of Russia enters the corresponding changes into the register. If there are changes of information contained in the proof, it is subject to change.

III.  Procedure for closing a representation

21.  Bases for closing a representation:

a.  expiration of the term for which proof of registration of a representation was issued;

b.  written decision of a foreign religious organization that opened the representation;

c.  withdrawal of the statement of the Russian religious organization concerning the opening of the representation within it;

d.  liquidation of the foreign religious organization that opened the representation;

e.  conduct by the representation of activity forbidden by law, or violation of the constitution of the Russian federation, or any other violations of legislation of the Russian federation, or systematic performance by the representation of activity that is out of conformity with the goals of its creation.

22.  The decision for closing a representation is expressed by a resolution of the Ministry of Justice of Russia and is the basis for entry of a note regarding closing the representation into the register.

No later than seven days after the adoption of a decision to close a representation, the respective notification concerning this is sent to the address of the representation and to the foreign religious organization that opened the representation and/or to the Russian religious organization within which the representation was opened.

23. The decision concerning closing a representation may be appealed in court.

(tr. by PDS, posted 27 March 2009)

Russian original posted on site of Slavic Legal Center, 27 March 2009

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Protestants restricted in former soviet republics

ARMENIA: NEW LAW ON RELIGIONS REQUIRES 500 ADULT MEMBERS FOR REGISTRATION OF A RELIGIOUSORGANIZATION
Portal-credo.ru, 19 March 2009

The parliament of Armenia, by a majority of votes on first reading, voted for introducing amendments and supplements to the law "On freedom of conscience and religious organizations." Eighty-nine deputies voted for the new law, two abstained, and all deputies of the fraction of the only opposition party in the Armenian National Assembly (Heritage) refused to participate in the voting. The party is represented in parliament by only seven deputies and Heritage's protest could not affect the results of voting, Blagovest-info reports.

Nevertheless, the authors of the introduction of amendments in the law, which had not been reviewed for 8 years and had become inconsistent with the constitution of Armenia and international legislation, took into account suggestions and objections presented both by the Heritage party itself and by a number of churches and religious organizations. However, Heritage maintains that they were informed only a few minutes before the voting and, since they had not been able to acquaint themselves with the final version of the document, they refrained from participating in the voting. One of the authors of the draft law, a deputy from the ruling Republican Party of Armenia, Armen Ashotian, declared from the rostrum of the meeting hall that a change had been made in the number of members of a religious organization required for registration. It had earlier been suggested that the number of members required for gaining the status of a religious organization be increased from 200 to 1,000. Now the deputies established that 500 persons had to be in the organization, not counting minors. The legislators took into consideration also the observation that, speaking of "fishers of souls," which could lead to criminal punishment of up to one year of imprisonment, the law did not give a precise definition of this term. Now the law says that "fishers of souls" are people who forcibly convert persons to a new faith and who, in addition, could acquire the property of the new convert, cause harm to his health, and the like. On the whole, Ashotian affirms, all observations and suggestions that had been submitted in the course of the time that the draft was in parliament, that is, since 6 January of this year, were taken into consideration.

The amendments especially emphasize the role of the Armenian Apostolic church as the state religion of Armenia,  (tr. by PDS, posted 20 March 2009)

LAW OF KYRGYZ REPUBLIC ONE OF THE MOST DISCRIMINATORY IN CIS.
Slavic Legal Center, 16 March 2009

The law of the Kyrgyz republic "On freedom of religious confession and religious organizations" is one of the most discriminatory in the post-soviet space. This was stated by the chief editor of the "Religion and Law" journal, co-chairman of the Slavic Legal Center, attorney Anatoly Pchelintsev, according to the press service of the Slavic Legal Center.

According to Anatoly Pchelintsev, the new Kyrgyz law that took effect on 16 January 2009 violates provisions of the convention of the Commonwealth of Independent States(CIS) regarding basic human rights and freedoms.  The adoption of such a law that affects religious associations proves that Kyrgystan is not fulfilling its international obligations in the sphere of the observation of the principle of freedom of conscience and religious confession. All of this says that this state is suffering from a serious sickness, Anatol Pchelintsev concluded.

In February of 2009 protestant churches of Kyrgyzia sent a protest against the law's taking effect to the Supreme Commissariat of the United Nations for human rights, the representation of the European Union in Kyrgyzia, the State Duma of Russia, the European Union, the Organization for Security and Cooperation in Europe, and the embassies of Russia, Germany, and USA in Kyrgyzia. A copy of that appeal was sent to the president of the Kyrgyz republic, K.S. Bakiev.

The new draft law introduces such concepts as the necessity of observing "spiritual security" and the concept of a "sect" whose activity contradicts the interests of society. Attracting children into religious organizations is not permitted. During the time of the Soviet Union, children of believing parents were forbidden to attend worship services on the basis of just such an article. Also forbidden is "illegal missionary activity" and conversion of representatives of other religions into one's own faith (proselytism). Registration of a religious organization can be achieved only when there are 200 citizens who are its founders. Foreign missionaries have the right to be on the territory of the Kyrgyz republic for no more than three years.

In addition, the law prohibits distribution of literature, printed and audio-video materials of a religious nature in public places (streets, boulevards) and visiting apartments, children's institutions, schools, and higher educational institutions. According to the law, citizens and religious organizations have the right to obtain and use religious literature in any language of their choosing, as well as other objects and materials of a religious nature, only in places for worship services and in specialized stores.

This standard gives believers practically no possibility of having and using literature in their own homes and contradicts article 14 of the constitution of Kyrgyzia:  "Every person has the right freely to obtain, own, and use information and to distribute it orally and in written or any other form." Thus this law contradicts the constitution of the Kyrgyz republic, which permits every citizen and resident of the Kyrgyz republic to profess any religion or to profess none and it creates tensions and conflict situations in the provinces and will lead to the closing of many religious organizations that are already registered and it will prohibit registration of new religious organizations. (tr. by PDS, posted 20 March 2009)

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