RUSSIA RELIGION NEWS


Protestant law center further explains approach to new law

WHERE "MAY" MISSIONARY ACTIVITY BE CONDUCTED?

Alive Faith Media, 14 August 2016

 

Attorney of the Slavic Legal Center Konstantin Andreev continues to share recommendations for believers and religious organization in connection with the adoption of the "Yarovaya Law."

 

Point 2 of article 24.1 of the law being analyzed declares that "missionary activity of a religious association may be conducted without hindrance in worship premises, buildings and structures and also on land on which such buildings and structures are located; in buildings and structures belonging to religious organizations or provided for them, or land on which such buildings and structures are located; in premises belonging to religious organizations or provided for them for conducting their activity, and also on land on which buildings having appropriate premises are located in accordance with agreements with the owners of such buildings; in premises, buildings, structures and on land belonging to or provided for organizations created by religious organizations; on land belonging to religious organizations or provided for them; in places of pilgrimage; in cemeteries and crematoria; and in premises of educational organizations that have historically been used for conducting religious rituals."

 

The aforementioned point essentially completely duplicates point 2 of article 16 of federal law 125 "On freedom of conscience and religious associations," in which is spelled out where religious associations may conduct worship services and other religious rituals and ceremonies without hindrance:

 

-- worship premises, buildings and structures, and also on land on which such buildings and structures are located;

-- in buildings and structures belonging to religious organizations by right of ownership or provided for them on by another right of possession for conducting their charter activity, and also on land on which such buildings and structures are located;

-- in premises belonging to religious organizations by right of ownership or provided for them by another right of possession for conducting their charter activity, and also on land on which buildings having appropriate premises are located, in accordance with an agreement with the owners of such buildings;

--in premises, buildings, and structures and on land belonging to them by right of ownership or provided for them by another right of possession, which are created by religious organizations;

--on land parcels belonging to religious organization by right of ownership or provided for them by another right of possession;

--in places of pilgrimage;

--in cemeteries and in crematoria;

 

except for the last phrase: "in residences."

 

And then there occurs a balancing act that will be difficult for even lawyers to figure out. Point 3 declares an exception specifically with regard to residences in which it is not permitted to conduct missionary activity with the exception of cases provided for by part 2 of article 16 of the present federal law.

 

What does this mean in Russian translation?

 

That in a residence it is possible to conduct missionary activity (and we recall that its purpose is dissemination of faith and recruitment of new members) if this missionary activity is performed in the manner of the conduct of religious rituals and ceremonies, which, as already noted above, are conducted without hindrance.

 

The sphere of religious rituals and ceremonies, in its turn, pertains to the subject of internal rules of religious associations in which the state does not interfere and is required to respect in accordance with article 15 of the federal law "On freedom of conscience and religious associations."

 

A practical recommendation in this regard would be strengthening of the internal rules of the religious association of the practice of performing rituals and ceremonies, a substantial part of which is, for example, "a call to repentance" and "an appeal" of the audience at the service. A juridically literate wording of internal rules in this case will act as a means of proof in defending the rights of religious associations by your attorneys.

 

Point 4 of article 24.1 prohibits activity of a religious association for disseminating information about its beliefs in premises, buildings, and structures that belong to another religious association and also on land on which such buildings and structures are located, without written agreement of the administrative body of the respective religious association.

 

What is positive in this rule?

 

Let's read it the other way around and we will find that activity of a religious association for disseminating information about its beliefs is permitted in premises, buildings, and structures that belong to another religious association, and also on land on which such buildings and structures are located, if there exists a written agreement by the administrative body of the respective religious association.

 

The question of the "ownership" of premises, buildings, and structures, and also parcels of land, is not only a question of ownership but also possession, which may include a rental.

 

Thus, if one religious association, which possesses (by right of rental) premises, a building, or a structure, and also land (on which, for example, an evangelistic tent may be pitched), gives written permission to another association, the second one may conduct missionary activity legally along with the first. In this way questions of joint evangelism and conferences, in which several religious associations participate, may be resolved.

 

Your Christian attorney, Konstantin Andreev

(tr. by PDS, posted 13 August 2016)

 
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Protestant law center explains approach to new law, continued
August 11, 2016


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