CONSTITUTIONAL
COURT
WILL ANSWER WHETHER AN OWNER MAY PROVIDE A BUILDING FOR
CONDUCTING WORSHIP
SERVICES
On 14
November, the
Constitutional Court of the RF will announce its decision in a
case regarding
the use by an owner of land designated for the location of an
individual
residence as a place for conducting church services, rituals,
and ceremonies,
RAPSI was told at the press service of the court.
The
complainant, a
resident of Rostov oblast, Olga Glamozdinova, asked for a
verification of the
consistency with the constitution of the RF of a paragraph of
the second
article 42 of the Land Code of the RF and part 1 of article 8.8
of the Code of
Administrative Violations of Law of the RF, which establish the
responsibility
of owners and non-owners for the use of land for other than its
designated
purpose.
According
to
materials of the case, Glamozdinova is a parishioner of the
Church of Christian
Seventh-Day Adventists in the village of Veselyi, and as the
owner of a
residential building and plot of land of a quarter acre, in
January 2017 she
provided to the aforesaid church by an agreement free use of the
property of
her house for conducting worship services, rituals and
ceremonies for 4 hours
per week.
Glamozdinova's
address
was entered into the Uniform State Register of Legal Entities as
the
legal address of the religious organization.
In the
appeal it was
reported that in September 2017 the district department of the
agency of
Rosreestr for Rostov oblast held her administratively
accountable and fined her
10 thousand rubles for use of a parcel of land for other than
its designated
purpose. And courts of two instances confirmed the legality of
Rosreestr's
order.
In the
opinion of the
complainant, the rules being challenged are inconsistent with
articles 28, 35
(part 2) and 55 (part 3) of the constitution of the RF, inasmuch
as they
violate her right freely to own and dispose of her property and
also her right
to freedom of conscience and religious confession. (tr. by PDS,
posted 13
November 2019)
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