PRESIDENTIAL ADMINISTRATION: LAW DOES NOT RESTRICT CONSTITUTIONAL RIGHT TO FREEDOM OF RELIGIOUS CONFESSION
Alive Faith Media, 15 July 2016
After the adoption by the Russian State Duma of a bill known as the "Yarovaya-Ozerov Law," Russian President Vladimir Putin began receiving numerous appeals from believers requesting to remand said law for improvement.
However the president signed the federal law "On introducing changes into the federal law 'On combating terrorism' and individual legislative acts of the Russian federation, with regard to establishing additional measures for combating terrorism and assuring public security" (No. 374-FZ of 6 July 2016). At the same time the head of state promised that he will attentively follow how the law is being implemented.
As regards the letters sent to him, the presidential administration of the RF for work with written appeals of citizens and organizations gave the following explanation.
At the beginning, it called attention to the definition said law gives of missionary activity and it points out that it is specifically an activity of a religious association and it also entails three main criteria. First, it is activity intended to disseminate information about its belief system among people who are not participants (members, adherents) of the particular religious association; second it is conducted for the purpose of involving said persons among the participants (members, adherents) of the religious association; and third, it is conducted publicly with the aid of mass media, the Internet telecommunications network, or other legal means.
After this, the conclusion is drawn that the totality of the aforementioned indicators is characteristic of missionary activity. Activity of religious associations that does not contain them cannot be regarded as missionary, and consequently the restrictions established by the federal law with respect to missionary activity do not extend to it.
In the response from the Russian presidential administration it is also noted that the federal law does not contain a prohibition of dissemination of personal religious experience and conversation on religious topics and it also does not restrict the list of places for performance of religious rituals and ceremonies that is established by the provisions of article 16 of the federal law "On freedom of conscience and religious associations."
In accordance with the changes adopted, missionary activity is 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.
In addition, the letter emphasizes that the whole package of laws permits the implementation of additional measures for the protection of the citizen and society from terrorism and also will facilitate prevention of related crimes.
Finally the conclusion is drawn that no provisions in the federal law are considered to be in contradiction with the constitution of the Russian federation or limitations on freedom of conscience and freedom of religious confession, including the right to profess individually or jointly with others any religion, to conduct worship services and other religious rituals and ceremonies, to conduct religious instruction and religious education, to freely choose, change, have, and disseminate religious and other convictions, and to act in accordance with them.
However, whether officials and representatives
of law
enforcement agencies in the provinces will interpret and apply the
law in such
a way, only time will tell.
(tr.
by PDS, posted 9 August 2016)
DOCUMENT: REPLY
OF PRESIDENTIAL ADMINISTRATION TO
A CITIZEN'S COMPLAINT
Your appeal
to the president of the Russian federation, sent on 4 July
2016, received on 6
July 2016 in the form of an electronic document, and
registered on 6 July 2016
as No. A716366, has been reviewed.
We report that
the federal law of 6 July 2016, No. 374-FZ "On introducing
changes into
the federal law 'On combating terrorism' and individual
legislative acts of the
Russian federation, with regard to establishing additional
measures for
combating terrorism and assuring public security" (hereinafter
Federal
Law) strengthens the definition of missionary activity which
is understood as
activity of a religious association, first, intended to
disseminate information
about its belief system among people who are not participants
(members,
adherents) of the particular religious association; second,
conducted for the
purpose of involving said persons among the participants
(members, adherents)
of the religious association; and third, conducted publicly
with the aid of
mass media, the Internet telecommunications network, or other
legal means.
Thus the
totality of the aforementioned indicators is characteristic of
missionary
activity. Activity of religious associations that does not
contain them cannot
be regarded as missionary, and consequently the restrictions
established by the
federal law with respect to missionary activity do not extend
to it.
We note that the
Federal Law does not contain a prohibition of dissemination of
personal
religious experience and conversation on religious topics and
it also does not
restrict the list of places for performance of religious
rituals and ceremonies
that is established by the provisions of article 16 of the
federal law "On
freedom of conscience and religious associations." At the same
time, in
accordance with the Federal Law, missionary
activity
is 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.
In addition,
we suggest that it is
possible to emphasize that proceeding from the explanatory
note attached to the
draft law at the stage of discussion, the changes being
considered permit the
implementation of additional measures for protection of the
citizen and society
from terrorism and also will facilitate the prevention of
related crimes.
On the basis
of the aforesaid, we
suggest that no provisions
in the federal law are considered to be in contradiction with
the constitution
of the Russian federation or limitations on freedom of
conscience and freedom
of religious confession, including the right to profess
individually or jointly
with others any religion, to conduct worship services and
other religious
rituals and ceremonies, to conduct religious instruction and
religious
education, to freely choose, change, have, and disseminate
religious and other
convictions, and to act in accordance with them. (tr. by PDS, posted 9 August 2016)
Photocopy of Russian
original posted on website of Alive
Faith Media
Editorial disclaimer: RRN does
not intend to certify the accuracy of information
presented in articles. RRN simply intends to certify the
accuracy of the English translation of the contents of the
articles as they appeared in news media of countries of
the former USSR.
If material is quoted, please give credit to the
publication from which it came. It is not necessary to credit
this Web page. If material is transmitted electronically, please
include reference to the URL,
http://www.stetson.edu/~psteeves/relnews/.