New Amendments Proposed by the Ministry of Justice to the Law “On Freedom of Conscience and Religious Associations Act 1997”

December 2, 2009

The principal subject of legal regulation is the establishment of legislative measures to counteract religious mission activity.

1. The Ministry of Justice suggests restricting the freedom of religion of minors. It reads: Involving a minor in an activity of religious association without the consent of his parents or other lawful representatives by means of inviting the minor to participate in meetings of religious association, or non-hindrance of the minor participating in meetings of religious association, leads to the imposing of an administrative penalty on legal bodies - from 5000 to 10000 rouble (200-300 dollars).

2. Thus, religious organizations are being made responsible for non-hindrance of a minor participating in meetings of religious association. Just imagine a pastor or security having to stay at the church entrance to check passports of young people who want come in church.

Citizens forming a religious group have to give written notice to the territorial body of the federal body for state registration. There is no definition of the term “religious group” in legislation. So, any two persons who gather together and speak about religious issues fall into the term of a “religious group,” even if they are son and father.

This means that law enforcement bodies will apply the amendments against all non-Orthodox religious organizations, especially those that have foreign members.

3. The Ministry of Justice suggests totally excluding from religious organizations or group persons who have been condemned for kindling interethnic or inter-religious strife or other crimes of an extremist character. We consider this to be an additional penalty for a person who, in this way, is being deprived of his fundamental right to freedom of religion.

4. The Ministry of Justice suggests strictly restricting missionary activity¹ as to who can perform missionary activity, place, conditions, etc. For example, only the head or a member of council of a religious organization has the right to carry out missionary activity on behalf of the organization. Other members of the religious organization have to obtain the power of attorney to do such activity. Foreign citizens have no right to missionary activity on behalf of themselves but only on behalf of the Russian religious organization that invited them. Missionary activity is totally forbidden for foreign citizens temporarily staying in the Russian Federation.

Clause 5 of Article 18 of the draft law forbids religious missionary activity in the neighborhood of the administrative building of local legislative bodies and areas related to them. Considering that most of the Protestant communities rent similar buildings and spaces for their meetings and Sunday services, this particular provision might affect them strongly. The draft law provides quite a strict administrative penalty for violations of the religious mission regulations, with a fine up to 15,000 roubles.

5. Also, missionary activity is totally forbidden if it is accompanied by the offer of material, social and other benefits. So, is a promise of salvation such a benefit? If so, this promise is subject to penalty.

The licensing and permissive nature of such a bureaucratic approach to authorize missions’ activity is an open and unlawful interference of the government with the religious associations; thus, it is contrary to the principles of a legal state.

¹ Distribution of the dogma among persons not being members, participants, followers of the given religious association, with a view of involving of the specified persons in religious association, and carried out by religious associations or the persons authorized by them directly, publicly, by means of mass media or other lawful ways.