RUSSIAN RELIGIOUS ORGANIZATIONS PROHIBITED FROM TURNING INTO DIFFERENT LEGAL ENTITIES
Russian President Vladimir Putin signed a law, which prohibits the transforming of religious organizations into legal entities [persons at law] of a different legal organizational form.
As was clarified on the Kremlin website, the document introduces changes into the federal law "On freedom of conscience and religious associations" and certain legislative acts of the RF. "The reorganization of a religious organization is accomplished on the grounds and in the procedure that are provided by civil legislation. A religious organization cannot be converted into a legal entity of a different legal organizational form," the text of the law says.
In addition, the document clarifies the meaning of the concept "religious organization" and the nature of the property relationships between religious organizations and their founders. In particular, it says that a religious organization may be created by citizens of the RF or other persons who are living permanently and legally on the territory of Russia.
The information for legal state administration says that the federal law clarifies "the procedure for the legislative regulation, by civil legislation and legislation on freedom of conscience, freedom of religious confession, and religious associations, of relations with the participation of religious organizations of the procedures for creation, legal status, and activity of religious organizations."
It also establishes that religious
organizations of Crimea and Sevastopol, which in the spring of
last year became a part of the Russian federation, within the
period up to 1 January 2016 "may submit their founding documents
in accordance with legislation of the Russian federation and apply
for introduction of information about them into the Uniform State
Register of Legal Entities." (tr. by PDS, posted 6 April 2015)
DOCUMENT: ON
INTRODUCTION OF CHANGES INTO
FEDERAL LAW “ON FREEDOM OF CONSCIENCE AND RELIGIOUS
ASSOCIATIONS” AND OTHER
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
Adopted by State Duma 27 March 2015
Approved by
Federation Council 1
April 2015
Article 1
To introduce into the
federal law of 26
September 1997 “On freedom of conscience and religious
associations” the
following changes:
1.
To add to article 1 the words “including specifics of
their legal civil
status:
2.
To article 8
a) point 1 to read as
follows”
1.
A religious organization is defined as a voluntary
association of
citizens of the Russian federation and other persons,
permanently and legally
residing on the territory of the Russian federation, formed
for the purposes of
joint confession and dissemination of faith and registered in
the procedure
established by law as a legal entity [judicial person]
Issues of the
participation of founders and
other judicial and physical persons in the activity of
religious organizations
are decided by the charter and/or internal resolutions of
religious
organizations. The founder (founders) of a religious
organization may fulfill
functions of a body of the religious organization or members
of a collegial
body of the religious organization in a procedure established
by the charter
and internal resolutions of a religious organization”
b)
to add to point 8.1 the following contents:
“8.1.
The procedure for formation of bodies of a religious
organization and
their competence, the procedure for making decisions by these
bodies, and the
relationship between the religious organization and persons
who are members of
its bodies are determined by the charter and internal
resolutions of a
religious organization.”;
c) to add to point 10
the following contents:
“10. The provisions
of point 5 article 50 and
article 53.1 of the Civil Code of the Russian federation do
not apply to
religious organizations.”;
d) to add to article
9, point 5 the following
contents:
“5. The decision on
the establishment of a
religious organization includes information about the
establishment of the
religious organization, confirmation of its charter, and the
election
(appointment) of bodies of the religious organization.”’;
4) to add to article
13.1 the following
contents:
“Article 13.1
Reorganization of a religious
organization is accomplished on the bases and in the procedure
provided by
civil legislation. A religious organization may not be
reorganized into a legal
entity of a different legal organizational form.”
Article 2
To introduce into the
first part of the Civil
Code of the Russian federation the following changes:
1) to remove from
point 4, article 49, the words
“in accordance with”
2) point 2, article
123.26 to read as follows:
“2. The legal civil
status of religious organizations
is determined by the present code and the law on freedom of
conscience and
religious associations. The provisions of the present code
apply to religious
organizations if something different is not provided by the
law on freedom of
conscience and religious associations and by other laws.
Religious
organizations operate in accordance
with their charters and internal resolutions that do not
violate law.
The procedure for the
formation of bodies of a
religious organization and their competence, the procedure for
adopting
decisions by these bodies, and the relations between a
religious organization
and persons who are members of its bodies are determined in
accordance with the
law on freedom of conscience and religious associations and by
the charter and
internal resolutions of the religious organization.”
Article 3
To add to point 1
article 19 of the federal law
of 30 November 1994 “On activation of the first part of the
Civil Code of the
Russian federation” the following paragraph:
“Legal entities that
are religious organizations
indicated in the first paragraph of the present point may
submit their founding
documents in accordance with legislation of the Russian
federation and make
application for including of information about them in the
Uniform State Register
of Legal Entities within the period until 1 January 2016.”
Article 4
Point 2 of article 6
of federal law of 12
January 1996 “On noncommercial organizations” to read as
follows:
“2. Founders,
participants (members) of public
and religious organizations (associations) do not have rights
of ownership of
property transferred by them to these organizations, including
members'
contributions.
Founders and
participants (members) of public
and religious organizations (associations) are not obligated
by requirements of
such organizations (associations), and the indicated
organizations
(associations) are not responsible for obligations of their
founders and
participants (members).”
Article 5
The present federal
law takes effect on the day
of its official publication.
President of the
Russian federation, V. Putin
Moscow, Kremlin
6 April 2015
(tr. by PDS, posted 7
April 2015)
Russian original
posted on website of Russian
president,
6 April 2015
.
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