RUSSIA RELIGION NEWS


 

Law on religion prepared for Crimea

ANNEXED CRIMEA PLANS TO ADOPT LAW AGAINST "TOTALITARIAN SECTS" AND "DESTRUCTIVE CULTS"

Religiia v Ukraine, 3 June 2015

 

The draft of a republican law on freedom of conscience and religious associations has been introduced into the state council of Crimea, which was annexed by Russia. It is supposed to expand the authority of the state in this sphere. The text of the document was published on the website of the state council, Religiia v Ukraine reports citing RIA FederalPress.

 

The explanatory note says that in the last years of Ukrainian rule, "the system of state-confessional relations in the republic of Crimea was methodically destroyed." It cites the examples of the liquidation of the Committee on Religious Affairs and the position of psychiatric physician specializing in sectarians. As a result, Crimea was visited by numerous missionaries from abroad, particularly Mormon missionaries. The author of the draft law, the chairman of the state council Committee on Culture, Svetlana Savchenko, thinks that this was "a manifestation of geopolitical interest."

 

As a way out of the situation, Savchenko and her colleagues propose to create within the republican Ministry of Culture a Department for Religious Affairs (there now exists there only a department that simultaneously deals with national cultural associations). In particular, the organizations will be required to inform this body about the arrival of foreign preachers. Other powers of the department are rather vaguely defined ("forecasting the development of the religious situation," "facilitating the strengthening of mutual understanding and toleration," and so forth).

 

The draft of the law contains definitions of traditional religion ("a religion having formative cultural significance for the historical community") and a totalitarian sect, also called a destructive cult ("an organization that uses a complex of special techniques (mind control) with the goal of suppressing the will of an individual and controlling feelings and conduct, causing harm to the individual and society"). However, these terms are not used a single time in the main text of the document. The explanatory note speaks about "radical and esoteric" sects.

 

It is known that the head of Crimea, Sergei Aksenov, back in the fall introduced into the state council a draft of a law "On freedom of conscience, religious associations, and manifestations of religious extremism," but it was quickly withdrawn. Some of the provisions, (for example, a prohibition of national religious organizations) made it into the new draft and some did not. Thus, Aksenov's draft suggested banning the distribution of religious literature without an indication of the organization publishing it and the opening of night clubs near houses of worship, as well as requiring missionaries to have special licenses.

 

Recently the state council adopted on first reading the draft of a law on administrative violations of law. It subjected to a fine, in particular, street preachers and prognosticators. (tr. by PDS, posted 3 June 2015)


DOCUMENT:  Draft introduced by the Committee on Culture and Issues of Preservation of Cultural Heritage of the GSRK [State Council of the republic of Crimea]

 

LAW OF THE REPUBLIC OF CRIMEA

On freedom of conscience and religious associations

 

The State Council of the Republic of Crimea,

confirming the right of each person to freedom of conscience and freedom of religious confession and equality before the law regardless of attitude toward religion and convictions,

recognizing the civilizational and sacral significance of Crimea in the historical fate of Russia, and

considering the facilitating of the achievement of mutual understanding, toleration, and respect in issues of freedom of conscience and freedom of religious confession to be important

adopts the present law.

 

Chapter 1. GENERAL PROVISIONS

 

Article 1. The present law's subject of regulation

 

The present law, in accordance with the constitution of the Russian federation, the federal law of 26 September 1997 "On freedom of conscience and religious associations," the Civil Code of the Russian federation, other normative legal acts of the Russian federation, the constitution of the republic of Crimea, and other normative legal acts of the republic of Crimea, regulates legal relations arising in the area of the rights of individual and citizen to freedom of conscience and freedom of religious confession and the activity of religious associations in the republic of Crimea.

 

Article 2. Basic concepts employed in the present law

 

In the present law the following basic concepts are employed:

freedom of conscience—the right of individual and citizen to choose one's own attitude toward religion: to be a believer or not to confess any religion;

freedom of religious confession—the right of an individual to choose a religious faith;

religion—the aggregate of views on the world, which most often are based on belief in god, creator of the universe and humankind, given to people in the revelation of knowledge; religious beliefs constitute the worldview and intellectual component of religion and the rituals and other forms of practical demonstrations of worship;

traditional religion—a religion having formative cultural significance for historical communities;

totalitarian sect or destructive cult—an organization employing a complex of special techniques (mind control) with the goal of suppressing the will of a person and controlling feelings and conduct, causing harm to the individual and society.

 

Article 3. State agency of the republic of Crimea on religious affairs

 

The state agency of the republic on religious affairs is an informational, analytical, consultative, and organizational institution.

 

The state agency of the republic of Crimea for religious affairs:

analyzes the state and forecasts the development of the religious situation in the republic of Crimea;

coordinates the activity of executive bodies of state authority of the republic of Crimea on matters of implementing state policy with respect to religion and religious associations;

provides help to government agencies in implementing legislation on freedom of conscience, freedom of religious confession, and religious associations;

facilitates the strengthening of mutual understanding and toleration among religious associations of various religious confessions and provides them assistance in accordance with legislation;

develops contacts and coordinates communication with similar government agencies and religious associations outside of the borders of the republic of Crimea; and

considers appeals of citizens within the bounds of its competence.

 

Chapter 2.  RELATIONS BETWEEN AGENCIES OF STATE AUTHORITY OF THE REPUBLIC OF CRIMEA, AGENCIES OF LOCAL ADMINISTRTION, AND MUNICIPALITIES IN THE REPUBLIC OF CRIMEA AND RELIGIOUS ASSOCIATIONS

 

Article 4. Agencies of state authority of the republic of Crimea, agencies of local administration and municipalities in the republic of Crimea and religious associations

 

1. The republic of Crimea is a secular state. In the republic of Crimea no religion can be established in the capacity of a dominant or obligatory religion.

2. Relations between agencies of state authority of the republic of Crimea (hereafter, agencies of state authority), agencies of local administration of municipalities in the republic of Crimea (hereafter agencies of local administration) and religious associations are conducted on the basis of the guarantee of the rights of individual and citizen to freedom of conscience and freedom of religious confession and principles of the separation of religious associations from the state and their equality before the law.

3. Agencies of state power and agencies of local administration cooperate in the achievement of mutual understanding, toleration, and respect in matters of freedom of conscience and freedom of religious confession on the territory of the republic of Crimea; they have the right to form bodies for communication with religious associations.

4.  Agencies of state power and agencies of local administration provide financial, material, and other help to religious organizations for the restoration, maintenance, and preservation of houses of worship and other objects that are monuments of history and culture and they regulate the grant to religious organizations of tax and other privileges in accordance with existing legislation.

5. Officials of agencies of state power, other state agencies, and agencies of local administration do not have the right to use their office for creating one or another relationship with religion.

6.  Agencies of state authority and agencies of local administration provide cooperation with the charitable activity of religious organizations and also with their achievement of socially significant cultural and educational programs and events.

7. Religious organizations that are registered in the established procedure in the republic of Crimea have the right to participate in the consideration by agencies of state power and agencies of local administration of matters that pertain to their activity.

8. Agencies of state power cooperate with agencies of power of the city with federal significance Sevastopol and agencies of local administration and religious associations of the city with federal significance Sevastopol.

9. Interference by political parties in the activity of religious organizations is prohibited on the territory of the republic of Crimea.

10. At the request of religious organizations, agencies of government power have the right to declare religious feasts as nonworking (holiday) days in the republic of Crimea.

 

Chapter 3. RELIGIOUS EDUCATION

 

Article 5. Citizens' right to receive religious education

 

1. Each person has the right to receive religious education in accordance with one's choice individually or in common with others.

2. Training and education of children (up to 18 years of age) is conducted by parents or their surrogates, taking into consideration the rights of the child to freedom of conscience and freedom of religious confession.

3. Religious training and education may be conducted in religious educational organizations. Religious associations also have the right to conduct teaching of religion and religious education immediately within religious associations.

4. The state provides financial, material, and other aid to religious organizations in providing the teaching of general educational disciplines in educational organizations created by religious organizations in accordance with the legislation on education of the Russian federation.

 

Article 6. Relations between religion and the state system of education

 

1. Agencies of state power and agencies of local administration ensure the secular character of education in state and municipal educational organizations.

2. For the goals of the formation and development of the individual in accordance with family and public spiritual and moral and socio-cultural values, basic educational curricula may include, inter alia on the bases of the requirements of corresponding federal state educational standards, academic subjects, courses, and disciplines (modules) aimed at the receipt of educational knowledge of the basic religious and moral culture of peoples of the Russian federation and ethical principles of the historical and cultural traditions of world religions or alternative academic subjects, courses, and disciplines (modules).

 

The choice of academic subjects, courses, disciplines (modules) included in basic general education curricula is made by the parents (legal representatives) of the pupils.

 

Sample basic educational curricula in terms of academic subjects, courses, and disciplines (modules) intended for providing pupils knowledge about the foundations of the religious and moral culture of the peoples of the Russian federation, about moral principles, and historical and cultural traditions of world religion (world religions) go through expert analysis in a centralized religious organization to determine correspondence of their contents to the confession and historical and cultural traditions of that organization, in accordance with its internal regulations by a procedure provided by federal law of the Russian federation of 29 December 2012 "On education in the Russian federation."

 

3. Upon written request from parents or persons in loco parentis, and with the consent of the children enrolled in state or municipal educational organizations of the republic of Crimea, said educational organizations, on the basis of a decision of a collective body of the administration of the educational organization and with the consent of the founders, may offer to a religious organization the opportunity to teach religion to children outside of the framework of the educational curriculum.

 

4. Children have the right to refuse to attend events connected with the study of religion.

 

Chapter 4. RELIGIOUS ASSOCIATIONS

 

Article 7. State registration of a religious organization

 

1. The legal capacity of a religious organization as a legal entity arises in accordance with federal legislation from the moment of its state registration.

 

2. State registration of a local religious organization in the republic of Crimea is performed by a federal agency empowered to make decisions about registration in accordance with the federal law of 8 August 2001 "On state registration of legal entities and individual entrepreneurs", taking into account the special procedure of state registration of religious organizations established by the federal law of 26 September 1997 "On freedom of conscience and religious associations."

 

3. State registration of a centralized religious organization as well as religious organizations formed by centralized religious organizations whose activity extends to the territory of the republic of Crimea is conducted by a federal agency authorized to make decisions about registration.

 

4. The chief administration of the Ministry of Justice of the Russian federation for the republic of Crimea and the city of Sevastopol sends copies of registration materials to the state agency of the republic of Crimea for religious affairs and to bodies of local administration.

 

5. In the republic of Crimea, the creation of a religious organization on the basis of national identity as a part of confessions or religious movements is not permitted.

 

6. On the territory of the republic of Crimea, activity of centralized religious organizations without state registration and activity of unregistered institutions and religious organizations formed by centralized religious organizations is not permitted.

 

Article 8. Liquidation of a religious organization, suspension and prohibition of the activity of a religious association in the event of its violation of legislation

 

1. In the event of the discovery of circumstances that are grounds for the liquidation of a religious organization, or suspension or prohibition of the activity of a religious association, measures established by federal legislation are adopted.

 

2.  Agencies of the prosecutor's office of the republic of Crimea and a federal agency that is authorized to make decisions about the registration of religious organizations and bodies of local administration have the right, in accordance with federal legislation, to file in court a petition for the liquidation of a religious organization and the suspension or prohibition of its activity.

 

3. The activity of a religious association may be suspended, a religious organization may be liquidated, and the activity of a religious association that is not a religious organization may be prohibited by a procedure and on grounds provided by the federal law of 25 July 2002 "On combating extremist activity."

 

Chapter 5. RIGHTS AND GUARANTEES OF THE ACTIVITY OF RELIGIOUS ORGANIZATIONS

 

Article 9. Internal regulation of religious organizations

 

Religious organizations act in accordance with their own internal regulations, if they do not violate the legislation of the Russian federation and the legislation of the republic of Crimea.

 

Article 10. Religious rituals and ceremonies

 

1. Religious organizations have the right to establish and maintain houses of worship, structures and other places and objects especially designated for worship services, prayer and religious meetings, and for religious devotion (pilgrimage). The conduct of public events and the posting of texts and images that offend religious feelings of citizens are prohibited.

 

2. Worship services and other religious rituals and ceremonies are performed without interference in premises indicated in point 2 of article 16 of the federal law of 26 September 1997 "On freedom of conscience and religious associations."

 

3. In other cases, public worship services and other religious rituals and ceremonies (including prayer and religious meetings) that are held in public places, in conditions that require the adoption of measures aimed at ensuring public order and safety both of the participants in religious rituals and ceremonies themselves and of other citizens, are conducted in accordance with the procedure established for conducting rallies, marches, and demonstrations.

 

4. Issues of the conduct of religious ceremonies and rituals outside of houses of worship are resolved in accordance with federal legislation.

 

Article 11. International ties and contacts

 

1. The preparation of the invitation of foreign citizens in order to engage in professional, including preaching and teaching, activity in religious organizations of the republic of Crimea is conducted by the Department of the Federal Migration Service of Russia for the republic of Crimea in accordance with federal legislation, and the procedure for the visit and invitation of foreign citizens is determined by the Council of Ministers of the republic of Crimea.

 

2. A religious organization notifies the state agency of the republic of Crimea for religious affairs about the visit of a foreign citizen in said religious organization.

 

Article 12. Transfer of property to religious organizations for religious purposes that is under state or municipal ownership of the republic of Crimea

 

1. The transfer of houses of worship and structures with attached land and other property for religious purposes, that is under state or municipal ownership, to religious organizations for ownership or use is carried out free of charge.

 

2. The transfer of property for religious purposes that is under the republic of Crimea ownership to religious organizations is carried out in accordance with the federal law of 30 November 2010 "On transfer of property to religious organizations for religious purposes that is under state or municipal ownership" and with the legislation of the republic of Crimea on the basis of application from a religious organization.

 

The Ministry of Property and Land Relations of the republic of Crimea is the agency authorized to make decisions about the transfer of property to religious organizations for religious purposes which is under state ownership of the republic of Crimea, in accordance with legislation of the Russian federation on freedom of conscience, freedom of religious confession, and religious organizations and with normative legal acts of the republic of Crimea.

 

3. In the republic of Crimea, the unauthorized seizure of houses of worship and structures, parcels of land for construction, territories of sacred places, and places of devotion is forbidden.

 

Article 13. Construction of houses of worship

 

The construction of houses of worship and the erection of veneration crosses, religious monuments, and other objects of small architectural forms is carried out in accordance with federal legislation.

 

Chapter 6. OVERSIGHT AND MONITORING OF FULFILLMENT OF LEGISLATION ON FREEDOM OF CONSCIENCE, FREEDOM OF RELIGIOUS CONFESSION, AND RELIGIOUS ASSOCIATIONS

 

Article 14. About the existence of oversight and monitoring

 

1. Oversight of the fulfillment of legislation on freedom of conscience, freedom of religious confession, and religious associations is conducted by agencies of the prosecutor's office of the republic of Crimea.

 

2. The agency that made the decision regarding state registration of a religious organization in the republic of Crimea conducts monitoring of its observance of its charter relative to the goals and procedure of its activity.

 

3. Monitoring of the observance of legislation on freedom of conscience is conducted by bodies of local administration and by ministries and agencies, within the parameters of their competence.

 

Article 15. Responsibility for violation of legislation on freedom of conscience, freedom of religious confession, and religious associations

 

Violation of legislation on freedom of conscience, freedom of religious confession, and religious associations incurs criminal, administrative, and other liability in accordance with legislation of the Russian federation.

 

Chapter 7. CONCLUDING PROVISIONS

 

Article 16. Entry into force of the present law

 

The present law takes effect ten days after its official publication.

 

Article 17. Transitional provisions

 

1. The registration or reregistration of religious organizations in the republic of Crimea, with respect to which there exist grounds for their liquidation or their prohibition, is not performed, in accordance with federal legislation.

 

2. Religious organizations that do not have a document confirming their existence on the territory of the republic of Crimea for at least fifteen years exercise the rights of legal entity provided that they reregister annually until the end of said fifteen-year period.

 

S. Aksenov

Head of the republic of Crimea

City of Simferopol

(tr. by PDS, posted 4 June 2015)


Russian original posted on website of State Council of the republic of Crimea


 

DOCUMENT:  EXPLANATORY NOTE

to the draft of a law of the republic of Crimea

"On freedom of conscience and religious associations"

 

For ensuring efficient operation in the sphere of religious relations in the republic of Crimea it is necessary in the first place to formulate a model of state-confessional relations and the structure of an agency for religious affairs in the republic of Crimea.

 

In the Russian federation, for a population of 150 million persons, 27 thousand religious organizations are functioning. If one takes as a base of such an indicator as the number of religious organizations per 10,000 persons, then in Russia is constitutes 1.8, but in Crimea it is 10.4.

 

For purposes of comparison, one may consider three regions of the Russian federation: the city of St. Petersburg, the republic of Tatarstan, and the republic of Dagastan. And it is necessary to emphasize that in the above indicated component entities of the Russian federation, the structures for religious affairs deal only with relations with religious organizations, while issues of national and cultural communities, the return of property to religious organizations, and other matters are decided by other executive bodies.

 

Saint Petersburg: Board for Relations with Religious Organization (a part of the administration of the governor of St. Petersburg); 446 religious organizations; staff of 5 individuals; 89 religious organizations for one worker;

 

 

Republic of Tatarstan: Board for Relations with Religious Organizations (a part of the administration of the president of the republic of Tatarstan); 1440 religious organizations; staff of 14 individuals; 102 religious organizations per worker;

 

 

Republic of Dagestan: Committee on Freedom of Conscience and Relations with Religious Organizations of the Republic of Dagestan; 2500 religious organizations; staff of 24 individuals; 104 religious organizations per worker;

 

Republic of Crimea: Department for Affairs of Religious and National Cultural Communities of the Ministry of Culture of the Republic of Crimea; 2083 religious organizations; staff of 5 individuals; 416 religious organization per worker.

 

Since 2009 the system of state-confessional relations in the republic of Crimea has been methodically destroyed. The republican committee for religious affairs of the autonomous republic of Crimea was liquidated. Its functions were transferred to the Ministry of Culture. The number of employees upon liquidation was reduced from 8 to 4 individuals.

 

In addition, the Crimean affiliate of the Institute of Strategic Studies and Academic Research Center "Crimea" was liquidated, which conducted research activity in the indicated area. The position of psychiatric physician in the republican health center, who specialized in problems of the study of the effect of radical sects on human health, was liquidated.

 

In the cities and regions of the republic there occurred a constant change of persons responsible for a certain portion of work, which led to a complete loss of information and monitoring of the activity of religious organizations.

 

All work in the province and the center came down to conducting image-building events and thus the development of plans remained undone.

 

The Department for Religious Affairs in this period was effectively deprived of the possibility and resources to conduct profound analytical work.

 

At the present time, problems connected with the activity of national and cultural societies have been added to the functioning of the department.

 

It should be noted that in the Russian federation, a combining of the functions for work with religious and ethnic organizations is typical for component entities with calm circumstances and a small number of these organizations.

 

In the period while Crimea was a part of Ukraine, the autonomous republic of Crimea was second in the number of religious organizations and it regularly led in the number of problems.

 

The termination of analytical work led to the creation of a logical chain: curtailment of resources—absence of objective and complete information—problems do not exist—there is no basis for making administrative decisions for allocation of resources for  the structural subdivision for religious affairs.

 

However in recent years there has appeared a number of movements requiring profound study and presenting a threat for national security. In the first place this pertains to a diverse kind of nontraditional, radical, esoteric organizations (Wahhabis, Hizb ut-Tahrir, Jaamat-Tabligh, Habashites, Nurdzhular, Al-Takfir_wal-Hijra, Falun Gong [Dafa], Maharishi, a number of modernized offshoots from traditional religions, mystical schools of various movements [Star of Transfiguration, School of Tiger and Dragon, and others])

 

It should be noted that because of shortage of information about these movements, these organizations are not accounted for in official Ukrainian statistics of the number of religious organizations.

 

This condition has been the result not only of the reduction of resources and minimizing of monitoring of the religious situation. Interest in Crimea has grown on the geopolitical scale from abroad. Since the mid-2000s, every year from 150 to 600 foreign missionaries have come to Crimea (during the holiday season the republic has been visited by missionaries who were not identified and in the off-season tourist camps have been rented by various religious groups for conducting festivals, seminars, and other events).

 

Dubious situations have arisen under the influence of official Kiev. Thus, Mormons (the Church of Jesus Christ of Latter-Day Saints: center in USA) were granted wide opportunities for inviting missionaries and conducting ideological work, and maximum hindrances for the passage of humanitarian goods were created.

 

Thus there are grounds to assert that processes occurring in religious organizations of Crimea are significantly more complicated than is reflected in reports, and statistical data about the number of religious organizations are understated.

 

Summarizing the aforesaid and with the goal of restoring the functions that previously were performed by the republican committee for religious affairs of the autonomous republic of Crimea, after the adoption of the present draft law it will be appropriate to create within the Ministry of Culture of the republic of Crimea a Department for Cooperation with Religious Organizations and to increase the size of its staff and to cooperate in the solution of the question of material, technical support of the above named department. The work of this governmental agency will permit the formation of an effective mechanism for legal regulation in the sphere of religion.

 

The draft of the law of the republic of Crimea "On freedom of conscience and religious associations" (hereafter, draft law) was developed with the goal of regulating the legal relations arising within the area of the rights of individual and citizen to freedom of conscience and freedom of religious confession and the activity of religious associations in the republic of Crimea.

 

The draft law was developed by a working group formed on the basis of a decision of a session of the standing committee and it includes seven chapters:

 

Chapter 1 "General Provisions" defines the object of regulation of the present law, basic concepts, and the governmental agency of the republic of Crimea for religious affairs, and its tasks are indicated.

 

Chapter 2 "Relations between agencies of state authority of the republic of Crimea, agencies of local administration, and municipalities in the republic of Crimea and religious associations" states the basic powers for the implementation of relations of the indicated agencies with religious organizations in matters of freedom of conscience and freedom of religious confession on the territory of the republic of Crimea.

 

Chapter 3 "Religious Education" defines the right of citizens to receive religious education and regulates the relations of religion and the state system of education.

 

Chapter 4 "Religious Associations" regulates the procedure of state registration and of liquidation of a religious organization, and suspension and prohibition of the activity of a religious association in the event of its violation of legislation.

 

Chapter 5 "Rights and guarantees of the activity of religious organizations" describes the right and strengthens the guarantees of religious organizations to internal regulations, establishes the place for conduct of religious rituals and ceremonies and the procedure for visits by foreign citizens for purposes of engaging in professional, including preaching and teaching, activity in religious organizations of the republic of Crimea in the sphere of international ties and contacts, and it defines the mechanisms of transfer of property to religious organizations for religious purposes that is under state or municipal ownership of the republic of Crimea and the construction of houses of worship.

 

Chapter 6 " Oversight and monitoring of fulfillment of legislation on freedom of conscience, freedom of religious confession, and religious associations" defines and regulates the existence of oversight and monitoring between state agencies of the republic of Crimea and the responsibility for violation of legislation on freedom of conscience, freedom of religious confession, and religious associations.

 

Chapter 7 sets out concluding provisions.

 

The adoption of this draft law seems to be reasonable and appropriate.

 

S. Savchenko

Chairman of the Committee on Culture and Issues of the Preservation of the Cultural Heritage of the State Council of the republic of Crimea

(tr. by PDS, posted 5 June 2015)

 

Russian original posted on website of the State Council of the republic of Crimea


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