The legal service of the Moscow Patriarchate receives numerous appeals from dioceses regarding problems related to the naming of religious organizations. The head of the legal service, nun Ksenia (Chernega), provides clarification on the issues of registration of religious organizations, their conclusion of civil contracts and the inclusion of the name of the religious organization in payment documents.
Full name of religious organizations
The full name of religious organizations must be indicated in the constituent documents, in the seal (stamp), on letterheads, when concluding transactions, in the text of labels of literary works, printed publications, audiovisual works produced by religious organizations, and in other cases. So, according to paragraph 4 of Art. 3 of the Federal Law “On Non-Profit Organizations”, a non-profit organization must have a seal with the full name of this non-profit organization in Russian; in addition, it has the right to have stamps and forms with its name. In accordance with the provisions of paragraph 8 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations” a religious organization is obliged to indicate its full name when carrying out its activities.
The rule on the mandatory use of the full name of a religious organization is enshrined by the legislator in order to convey to participants in civil circulation, primarily citizens, the most complete and reliable information about the religion of the relevant religious organization.
The list of information that must be indicated in the full name of a religious organization is closed. It includes information about
Organizational and legal form (religious organization);
The nature of the activity (for example, parish, farmstead, monastery);
Religion of a religious organization (for example, Orthodox).
Clause 8 art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations” establishes that the name of a religious organization must contain information about its religion. According to paragraph 1 of Art. 4 of the Federal Law “On Non-Profit Organizations”, “a non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.”
Therefore, the registration authority does not have the right to demand that a religious organization include in its name additional information not provided for by law. Accordingly, it will also be unlawful to refuse to register a religious organization due to failure to include in the name information not established by law. The correctness of this approach to the issue of registering a religious organization is confirmed by judicial practice.
For example, the Pervomaisky District Court of the Kirov Region, in a decision dated July 13, 2001, declared unlawful the refusal of the Department of the Ministry of Justice of the Russian Federation for the Kirov Region to state registration of the religious organization "Volga-Vyatka Christian Center", motivated by the fact that the name of this religious organization did not define her affiliation with a centralized religious organization.
However, it should be noted that, according to Art. 23.1 of the Federal Law “On Non-Profit Organizations”, state registration of a non-profit, including religious, organization may be denied if a non-profit organization with the same name was previously registered.
Of significant importance is the fact that a religious organization registered in the prescribed manner has the exclusive right to use its full name in accordance with Art. 54 of the Civil Code of the Russian Federation. This exclusive right is protected by law. Therefore, a person who unlawfully uses the full name of a religious organization is obliged, at its request, to stop using this name and compensate for the losses caused.
In this regard, the provisions of the Paris Convention for the Protection of Industrial Property of March 20, 1883 should also be taken into account. According to Art. 8 of this Convention, the name of a legal entity is protected in all countries party to the Convention “without the requirement of filing an application or registration.” Thus, a legal entity, including a religious organization, has the exclusive right to use its own name without registering the latter by virtue of the very fact of its use.
Abbreviated name of the religious organization
The law does not prohibit religious organizations from using their own abbreviated name in various economic relations. In this case, it is not necessary to make corresponding changes to the charter. For example, when concluding a civil contract, a religious organization has the right to determine an abbreviated name that will be used exclusively within the framework of a specific contract, in particular when filling out documents related to the execution of this contract. To do this, the preamble of the agreement must indicate the full name of the religious organization, and also make reference to the subsequent use of the abbreviated name to designate the religious organization as a party to the agreement.
The validity of this conclusion is confirmed by the letter of the Central Bank of the Russian Federation dated 02/07/2011 No. 14-27\38. The letter states that in an agreement with a credit institution (or its branch) it is permissible to establish the abbreviated name of a religious organization for the purpose of making non-cash payments and filling out payment documents. This letter is especially important in connection with numerous appeals from dioceses to the legal service of the Moscow Patriarchate regarding the inclusion of the full names of religious organizations (dioceses, parishes, monasteries) in payment documents. For example, Bank N refused an appeal from a local religious organization regarding non-cash payments on the grounds that, according to the constituent documents, the full name of this organization exceeds 200 characters, while there is no abbreviated name. In accordance with banking rules for non-cash payments, the name of the payer or recipient in the payment document should not exceed 160 characters.
Freedom of conscience and religion is not absolute
The ban on including abbreviated names in the charters of religious organizations is based on the already mentioned provision of paragraph 8 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations”.
The fact is that the Ministry of Justice of the Russian Federation is obliged to monitor the implementation of this requirement of the law, including in order to counter the activities of non-traditional religious organizations that are interested in hiding from citizens and organizations their full names containing an indication of their religious affiliation.
As the Supreme Court indicated in ruling No. 41-G09-29 of December 8, 2009, freedom of conscience and religion is not absolute. There are certain limitations. They are established in Part 2 of Art. 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, Part 3 of Art. 18 of the International Covenant of December 16, 1966 on Civil and Political Rights and Part 5 of Art. 13, part 2 art. 19, part 2 art. 29 of the Constitution of the Russian Federation. The Supreme Court of the Russian Federation notes that since religion in the overwhelming majority of cases is associated with the activities of a particular religious association, the Constitution of the Russian Federation prohibits the creation of associations whose goals or actions are aimed at inciting religious hatred, propaganda or agitation that incite religious hatred and enmity, propaganda of religious superiority.
Use of the words “Russia”, “Russian”, etc. in the name of the religious organization
A centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least 50 years at the time the said religious organization applies for state registration, has the right to use the words “Russia”, “Russian” and derivatives from them in its names, according to paragraph 5 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations”. As established in the ruling of the Constitutional Court of the Russian Federation dated April 13, 2000 No. 46-O, when calculating the 50-year period for the activities of a religious organization on the territory of the Russian Federation, one should not take into account the suspension of the activities of the corresponding religious organization if it was deprived of the opportunity to carry out its activities. activity for reasons that depend not on it, but on unlawful decisions and actions of government bodies and their officials. In addition, according to paragraph 1 of Art. 333.35 of the Tax Code of the Russian Federation, religious associations are exempt from paying state fees for the right to use the corresponding names.
Federal Law “On Non-Profit Organizations”
Article 3. Legal status of a non-profit organization.
4. A non-profit organization has a seal with the full name of this non-profit organization in Russian.
A non-profit organization has the right to have stamps and forms with its name, as well as a duly registered emblem.
Article 4. Name and location of the non-profit organization.
1. A non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.
A non-profit organization whose name is registered in the prescribed manner has the exclusive right to use it.
Article 23.1. Refusal of state registration of a non-profit organization.
1. State registration of a non-profit organization may be denied on the following grounds:
…2) if a non-profit organization with the same name was previously registered...
Federal Law “On Freedom of Conscience and Religious Associations”
Article 8. Religious organization.
5. A centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least fifty years at the time the said religious organization applies for state registration, has the right to use in its names the words “Russia”, “Russian” and derivatives of them.
…8. The name of a religious organization must contain information about its religion. A religious organization is required to indicate its full name when carrying out activities.
Convention for the Protection of Industrial Property
Article 8. [Brand names]
A brand name is protected in all countries of the Union without the requirement of filing an application or registration and regardless of whether it is part of a trademark.
Convention for the Protection of Human Rights and Fundamental Freedoms
Article 9. Freedom of thought, conscience and religion.
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, either individually or in community with others and in public or private, in worship, teaching, worship and observance.
2. The exercise of these freedoms, which entails duties and responsibilities, may be subject to such formalities, conditions, restrictions or sanctions as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public order, for the prevention of disorder or crime, to protect health or morals, protect the reputation or rights of others, prevent the disclosure of information received in confidence, or ensure the authority and impartiality of justice.
Constitution of the Russian Federation
Article 19
3. The state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.
Article 29
2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity are not permitted. Promotion of social, racial, national, religious or linguistic superiority is prohibited.
International Covenant on Civil and Political Rights
Article 18
…3. Freedom to manifest religion or belief is subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health and morals and the fundamental rights and freedoms of others.
Religion, literally translated from Latin, means piety, conscientiousness, and reverence for God. Its ideas are brought to the masses through major religious organizations. Their concept, essence and types will be discussed within the framework of this article.
The concept of religious organizations
The Federal Law “On Freedom of Conscience...” says that our state is secular and it is completely separated from these economic entities.
A religious organization is an association of various individuals on a voluntary basis who are permanently and legally located on the territory of the Russian Federation, created for joint confession, as well as the dissemination of their faith after registration as a legal entity.
State intervention in the activities of the economic entities in question
It is assumed that the state does not entrust these economic entities with the performance of the functions of executive authorities, cannot interfere in their activities if it does not contradict current legislation, cannot create religious associations in various government institutions and military units, and also cannot introduce religious subjects. orientation in any educational institutions, except private ones.
However, it can provide assistance in restoration, in the transfer of buildings and structures with land plots and property related to them, to religious associations, as well as contribute to the protection of various architectural and historical monuments and their maintenance. In addition, the state can provide them with various benefits.
Thus, a religious organization is a legal entity that may receive some assistance from the state, but it is of a limited nature, and any other assistance other than those listed above is illegal.
Responsibilities of the subjects in question
Religious associations must observe the principle of separation from the state, not assuming the functions of state bodies, and not take part in various election campaigns.
For systematic and gross violations of the law and the purposes for which these organizations are created, a religious organization can be liquidated by a court decision.
When presenting the article, not only the first, but also the last subjects were repeatedly mentioned. And if we have a little understanding of the first one, we still have to get acquainted with the second concept.
So, a religious association is essentially the same religious organization, but the latter is one of the types of the former. That is, the association is the whole, and the organization is the part. The second type may be religious groups.
The latter differ from organizations in that they are not legal entities. Religious groups were introduced with the purpose of limiting the creation in our country of new movements and sects that have never been represented in our state.
Consequently, if we discard the latter, then religious organizations and associations are one and the same.
The Federal Law “On Freedom of Conscience...” chose a territorial criterion for classifying the subjects under consideration. According to him, the latter are divided into centralized and local.
The following of the first type function in our country: the Russian Orthodox Church, the Union of Christians of the Evangelical Faith, the Russian Union of Seventh-day Adventists and others.
A local religious organization is one that has at least 10 adult participants living in geographically nearby areas, which allows them to meet periodically to carry out relevant ceremonies and rituals. This type includes parishes, monasteries, communities of mercy and brotherhoods of the Russian Orthodox Church. Founders of local organizations can only be citizens of Russia, and participants can be any legally and permanently residing persons. They may contain such governing bodies that do not provide for the sole intervention of the founder in his affairs. Foreigners can join these bodies.
A centralized religious organization can be established by three local ones of the same religion. They can be characterized as centers of a particular religion and local religious organizations. They coordinate the activities of the latter.
Some researchers believe that the territorial attribute does not entirely apply to centralized organizations, since they may include local economic entities located both in the same and in different subjects of the federation. They propose to distinguish types of religious organizations by founders, and for this they propose to create religious organizations that can be created centrally. But for this it is necessary to change the legislation in terms of wording. In their opinion, it should look like this: “A religious organization is a non-profit economic entity created by individuals or legal entities...” (then it is proposed to keep the existing text).
Activities of local economic entities in the field of religion
It must exist in a certain territory for at least 15 years. Confirmation of this is issued by local authorities. In addition to the latter, it may be in the nature of confirmation of entry into the structure of a centralized economic entity of the same religion.
Its name must indicate faith. The activities of the religious organization are confirmed every year. Like any legal entity, its activities are based on the Charter, approved by the founders or centralized to which it belongs.
State registration can take from 1 month to six months. A longer period may be determined if a decision is made on the need to conduct a religious examination.
This organization can:
- independently produce or purchase various religious items both in the country and abroad;
- establish charitable organizations to carry out relevant activities;
- create other enterprises;
- conduct business activities.
Its ownership may include various fixed assets, cash, property, including abroad. For those of it that are intended for religious services, recovery for creditor claims cannot be imposed.
This organization can be liquidated, but cannot be reorganized.
Liquidation is carried out by decision of the founders or a body authorized by the Charter, as well as by a court decision in case of violation of the law. However, local government bodies, the prosecutor's office and state registration can make submissions to the court about the implementation of this action in relation to a legal entity. The liquidation procedure generally coincides with that of other legal entities.
The main differences in the activities of a centralized economic entity
The latter, when its structures operate on the territory of our country for at least 50 years before the time of application to the registration authorities with an application for state registration, can use the word Russia, as well as derivatives from it, in its name.
The centralization of an organization does not mean its mandatory location in any administrative center. The main condition for its creation is that the founders be at least three local religious economic entities, and it can be located anywhere.
Russian Orthodox Church
Let us consider the activities of the Russian Orthodox Church as an Orthodox religious organization of a centralized type. It includes all local economic entities of a given religion. Its jurisdiction extends not only to Orthodox Christians in the Russian Federation, but also to those living in the territory of the former USSR, as well as Japan and other countries that voluntarily join it.
The highest governing bodies are the Bishops' and Local Councils, the Holy Synod, headed by the Patriarch of Moscow and All Rus'.
It has its own executive (Supreme Church Council) and judicial body, which hears church cases in closed sessions.
Local churches are dioceses, which are headed by bishops. Several dioceses may constitute metropolises, as well as Metropolitan districts and Exarchates (on a national-regional basis). The Moscow Patriarchate includes autonomous and self-governing churches.
Finally
Thus, a religious organization is the main part of such an association, which has the status of a legal entity. It can be local (when located in a certain nearby territory) or centralized (formed by at least three local ones). Their activities are similar to those of other legal entities. The organizational and managerial structure is in many ways similar to secular institutions, and in such centralized organizations as the Russian Orthodox Church it even resembles the state one. In some cases, the state may provide assistance in the activities of the economic entities in question, but basically its activities in religion and religious organizations are delimited.
The legal service of the Moscow Patriarchate receives numerous appeals from dioceses regarding problems related to the naming of religious organizations. The head of the legal service, nun Ksenia (Chernega), on the pages of the “Journal of the Moscow Patriarchate” (No. 7, July 2011), provides explanations on the issues of registration of religious organizations, the conclusion of civil contracts by them and the inclusion of the name of the religious organization in payment documents.
Full name of religious organizations
The full name of religious organizations must be indicated in the constituent documents, in the seal (stamp), on letterheads, when concluding transactions, in the text of labels of literary works, printed publications, audiovisual works produced by religious organizations, and in other cases. So, according to paragraph 4 of Art. 3 of the Federal Law “On Non-Profit Organizations”, a non-profit organization must have a seal with the full name of this non-profit organization in Russian; in addition, it has the right to have stamps and forms with its name. In accordance with the provisions of paragraph 8 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations” a religious organization is obliged to indicate its full name when carrying out its activities.
The rule on the mandatory use of the full name of a religious organization is enshrined by the legislator in order to convey to participants in civil circulation, primarily citizens, the most complete and reliable information about the religion of the relevant religious organization.
The list of information that must be indicated in the full name of a religious organization is closed. It includes information about
- organizational and legal form (religious organization);
- the nature of the activity (for example, parish, farmstead, monastery);
- religion of a religious organization (for example, Orthodox).
Clause 8 art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations” establishes that the name of a religious organization must contain information about its religion. According to paragraph 1 of Art. 4 of the Federal Law “On Non-Profit Organizations”, “a non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.”
Therefore, the registration authority does not have the right to demand that a religious organization include in its name additional information not provided for by law. Accordingly, it will also be unlawful to refuse to register a religious organization due to failure to include in the name information not established by law. The correctness of this approach to the issue of registering a religious organization is confirmed by judicial practice.
For example, the Pervomaisky District Court of the Kirov Region, in a decision dated July 13, 2001, declared unlawful the refusal of the Department of the Ministry of Justice of the Russian Federation for the Kirov Region to state registration of the religious organization "Volga-Vyatka Christian Center", motivated by the fact that the name of this religious organization did not define her affiliation with a centralized religious organization.
However, it should be noted that, according to Art. 23.1 of the Federal Law “On Non-Profit Organizations”, state registration of a non-profit, including religious, organization may be denied if a non-profit organization with the same name was previously registered.
Of significant importance is the fact that a religious organization registered in the prescribed manner has the exclusive right to use its full name in accordance with Art. 54 of the Civil Code of the Russian Federation. This exclusive right is protected by law. Therefore, a person who unlawfully uses the full name of a religious organization is obliged, at its request, to stop using this name and compensate for the losses caused.
In this regard, the provisions of the Paris Convention for the Protection of Industrial Property of March 20, 1883 should also be taken into account. According to Art. 8 of this Convention, the name of a legal entity is protected in all countries party to the Convention “without the requirement of filing an application or registration.” Thus, a legal entity, including a religious organization, has the exclusive right to use its own name without registering the latter by virtue of the very fact of its use.
Abbreviated name of the religious organization
The law does not prohibit religious organizations from using their own abbreviated name in various economic relations. In this case, it is not necessary to make corresponding changes to the charter. For example, when concluding a civil contract, a religious organization has the right to determine an abbreviated name that will be used exclusively within the framework of a specific contract, in particular when filling out documents related to the execution of this contract. To do this, the preamble of the agreement must indicate the full name of the religious organization, and also make reference to the subsequent use of the abbreviated name to designate the religious organization as a party to the agreement.
The validity of this conclusion is confirmed by the letter of the Central Bank of the Russian Federation dated 02/07/2011 No. 14-27\38. The letter states that in an agreement with a credit institution (or its branch) it is permissible to establish the abbreviated name of a religious organization for the purpose of making non-cash payments and filling out payment documents. This letter is especially important in connection with numerous appeals from dioceses to the legal service of the Moscow Patriarchate regarding the inclusion of the full names of religious organizations (dioceses, parishes, monasteries) in payment documents. For example, Bank N refused an appeal from a local religious organization regarding non-cash payments on the grounds that, according to the constituent documents, the full name of this organization exceeds 200 characters, while there is no abbreviated name. In accordance with banking rules for non-cash payments, the name of the payer or recipient in the payment document should not exceed 160 characters.
Freedom of conscience and religion is not absolute
The ban on including abbreviated names in the charters of religious organizations is based on the already mentioned provision of paragraph 8 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations”.
The fact is that the Ministry of Justice of the Russian Federation is obliged to monitor the implementation of this requirement of the law, including in order to counter the activities of non-traditional religious organizations that are interested in hiding from citizens and organizations their full names containing an indication of their religious affiliation.
As the Supreme Court indicated in ruling No. 41-G09-29 of December 8, 2009, freedom of conscience and religion is not absolute. There are certain limitations. They are established in Part 2 of Art. 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, Part 3 of Art. 18 of the International Covenant of December 16, 1966 on Civil and Political Rights and Part 5 of Art. 13, part 2 art. 19, part 2 art. 29 of the Constitution of the Russian Federation. The Supreme Court of the Russian Federation notes that since religion in the overwhelming majority of cases is associated with the activities of a particular religious association, the Constitution of the Russian Federation prohibits the creation of associations whose goals or actions are aimed at inciting religious hatred, propaganda or agitation that incite religious hatred and enmity, propaganda of religious superiority.
Use of the words “Russia”, “Russian”, etc. in the name of the religious organization
A centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least 50 years at the time the said religious organization applies for state registration, has the right to use the words “Russia”, “Russian” and derivatives from them in its names, according to paragraph 5 of Art. 8 of the Federal Law “On Freedom of Conscience and Religious Associations”. As established in the ruling of the Constitutional Court of the Russian Federation dated April 13, 2000 No. 46-O, when calculating the 50-year period for the activities of a religious organization on the territory of the Russian Federation, one should not take into account the suspension of the activities of the corresponding religious organization if it was deprived of the opportunity to carry out its activities. activity for reasons that depend not on it, but on unlawful decisions and actions of government bodies and their officials. In addition, according to paragraph 1 of Art. 333.35 of the Tax Code of the Russian Federation, religious associations are exempt from paying state fees for the right to use the corresponding names.
Federal Law “On Non-Profit Organizations”
Article 3. Legal status of a non-profit organization.
4. A non-profit organization has a seal with the full name of this non-profit organization in Russian.
A non-profit organization has the right to have stamps and forms with its name, as well as a duly registered emblem.
Article 4. Name and location of the non-profit organization.
1. A non-profit organization has a name containing an indication of its organizational and legal form and the nature of its activities.
A non-profit organization whose name is registered in the prescribed manner has the exclusive right to use it.
Article 23.1. Refusal of state registration of a non-profit organization.
1. State registration of a non-profit organization may be denied on the following grounds:
…2) if a non-profit organization with the same name was previously registered...
Federal Law “On Freedom of Conscience and Religious Associations”
Article 8. Religious organization.
5. A centralized religious organization, the structures of which have operated on the territory of the Russian Federation legally for at least fifty years at the time the said religious organization applies for state registration, has the right to use in its names the words “Russia”, “Russian” and derivatives of them.
…8. The name of a religious organization must contain information about its religion. A religious organization is required to indicate its full name when carrying out activities.
Convention for the Protection of Industrial Property
Article 8. [Brand names]
A brand name is protected in all countries of the Union without the requirement of filing an application or registration and regardless of whether it is part of a trademark.
Convention for the Protection of Human Rights and Fundamental Freedoms
Article 9. Freedom of thought, conscience and religion.
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, either individually or in community with others and in public or private, in worship, teaching, worship and observance.
2. The exercise of these freedoms, which entails duties and responsibilities, may be subject to such formalities, conditions, restrictions or sanctions as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public order, for the prevention of disorder or crime, to protect health or morals, protect the reputation or rights of others, prevent the disclosure of information received in confidence, or ensure the authority and impartiality of justice.
Constitution of the Russian Federation
Article 19
3. The state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.
Article 29
2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity are not permitted. Promotion of social, racial, national, religious or linguistic superiority is prohibited.
International Covenant on Civil and Political Rights
Article 18
…3. Freedom to manifest religion or belief is subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health and morals and the fundamental rights and freedoms of others.
Property rights - a set of real and obligatory rights based on law or contract and expressing the attitude of a religious organization to the property used to achieve its statutory goals. These are the rights of religious organizations related to the ownership, use and disposal of property, as well as those material (property) requirements that arise between participants in civil transactions regarding the distribution of this property and exchange (goods, services, works, securities, money, etc. .).Subjects of property rights
As we have already discussed earlier, a religious association has the right to undergo state registration and acquire the rights of a legal entity as a religious organization or to act freely without registration as a religious group.
Religious group
Current legislation does not grant a religious group the legal personality of a legal entity, which means that it, while not being a full-fledged legal entity, has no legal ability to own property. But religious groups, according to Art. 7, paragraph 1 of the Federal Law “On Freedom of Conscience and Religious Associations”, have the right to use the premises and other property necessary for its activities provided by members of the religious group. Thus, The subjects of rights to this property are individuals - members of a religious group.
Single-subject the method of possessing property rights and obligations means their ownership one person. For example, a member of a religious group may provide premises that he or she owns to the group for use for religious purposes. This method was very common in Tsarist Russia, when Old Believer and sectarian communities were deprived of the possibility of legal existence until 1905. Due to the lack of legal personality of a religious group, it cannot enter into a legally binding agreement with the owner of premises or other property that ensures its right to use this property. A religious group is entirely dependent on the will of the owner, who at any time has the right to confiscate the property he has provided to it. To more reliably protect the interests of a religious group from the arbitrariness of the property owner, an option is possible when citizen A. (the owner of the property) enters into an agreement with citizens B., V., G., etc. (members of the religious group) to provide them with property for compensation or free use as individuals. In this case, the owner of the property can terminate the contract only upon expiration of its validity period, and ahead of schedule - by mutual agreement of the parties in the event of violation of the terms of the contract by users and in other cases provided for by law or the contract, but not in an absolutely arbitrary manner. However, this inevitably raises the problem of taxation of beneficiaries in this transaction.
Multi-subject The method of possessing property rights means that the subjects of the right to property used by a religious group are either the entire group of participants or some of them. In accordance with Part 1 of Art. 244 of the Civil Code of the Russian Federation, property owned by two or more persons belongs to them by right common property. Property may be in common ownership with the determination of the share of each owner in the right of ownership ( shared property) or without defining such shares ( joint own).
Religious organization
Thus, a legal entity is defined by listing its mandatory characteristics. As a result of the actions of the founders, a new subject of law appears, which is not an individual, but a disembodied, “intangible” entity, which the law recognizes as independent participants in civil legal relations. A legal entity is not the building in which it is located, and not the people who are its members, participants, and employees. It acts on its own behalf, and not on behalf of its participants, and the civil rights and obligations acquired by it belong to it, and not to its participants.
Part 3 of the same Article 48 of the Civil Code of the Russian Federation classifies public and religious organizations as legal entities in respect of which their founders (participants) do not have property rights. This means that the property of a religious organization does not belong to its founders or participants, although they have the rights to participate in its management provided for by the organization’s charter. Part 2 of Article 117 and part 4 of Article 213 of the Civil Code of the Russian Federation also establish that participants (members) of public and religious organizations do not retain rights to the property transferred by them to these organizations, including membership fees. Thus, a member (participant) of a religious organization who leaves it for some reason (change of residence, conflict) does not have the right to demand that the property that he previously transferred to the ownership of the religious organization be returned to him. (On the contrary, he may demand the return of property that he provided in free use religious organization, while remaining its owner). If a religious organization is liquidated, its property remaining after satisfying the creditors' claims is used for the purposes specified in the charter (Part 4 of Article 213 of the Civil Code of the Russian Federation). Members (participants) of a liquidated religious organization cannot “receive back” the property they once transferred into the ownership of this religious organization.
Participants (members) of religious organizations are not liable for the obligations of the religious organizations in which they participate as their members, and these organizations are not liable for the obligations of their members (Part 2 of Article 117 of the Civil Code of the Russian Federation). This means, in particular, that in the event of debt collection from a religious organization, it cannot be applied to personal property and funds that are the property of the clergy, employees, and parishioners. Their right (but not obligation!) is to voluntarily allocate donations from personal funds to cover the debts of their religious organization. Likewise, if a participant in a religious organization (including a clergyman, a member of the governing body) has debts as an individual (for example, an unpaid loan repayment fee, etc.), this debt cannot be recovered from the religious organization.
Religious organizations, acting as one of the types of non-profit organizations, have special legal capacity. A legal entity may have civil rights corresponding to the goals of its activities provided for in its constituent documents, and bear responsibilities associated with these activities (Article 49, paragraph 1 of the Civil Code of the Russian Federation). In relation to religious organizations, this means that they can only have those civil rights and bear responsibilities that are related to their purpose, defined in Art. 6 Federal Law “On Freedom of Conscience...”, that is, with the joint confession and spread of faith.
According to Part 4 of Article 213 of the Civil Code of the Russian Federation, religious organizations, being the owners of the property acquired by them, can use it only to achieve the purposes provided for in their constituent documents(statutes). In this regard, property belonging to religious organizations must be used by them exclusively to achieve, firstly, their statutory goals, and secondly, those goals that are, by their nature, related to their statutory goals. The use of property by religious organizations for purposes other than those provided for in the charter is not permitted.
The legal capacity of a legal entity arises at the moment of its creation. Paragraph 2 of Article 51 of the Civil Code of the Russian Federation specifies that a legal entity is considered created from the moment of its state registration. Thus, for religious associations wishing to have the rights of a legal entity, state registration is a necessary condition for access to this status. A religious organization begins to exist not from the moment of its constituent assembly, but from the moment of state registration.
Liquidation of a legal entity entails its termination without the transfer of rights and obligations by way of succession to other persons (Article 61, paragraph 2 of the Civil Code of the Russian Federation). The grounds for liquidation of a religious organization as a legal entity are listed in Art. 14 of the Federal Law “On Freedom of Conscience and Religious Associations” (see Chapter 6 of this book). The liquidation of a legal entity is considered completed, and the legal entity is considered to have ceased to exist after making an entry to this effect in the Unified State Register of Legal Entities (clause 8 of Article 63 of the Civil Code of the Russian Federation).
The provisions of Article 52 of the Civil Code of the Russian Federation, which determined the basic requirements for the constituent documents of a legal entity, in relation to religious organizations are specified in the Federal Law “On Freedom of Conscience and on Religious Associations”. The constituent document of a religious organization is the charter approved by its founders (or founder).
A legal entity acquires civil rights and assumes civil responsibilities through its organs, created and operating in accordance with the law, other legal acts and the charter of a religious organization. Organs may be sole(for example, the rector of the parish) and collegial(for example, Parish Assembly, Parish Council) (Article 53 of the Civil Code of the Russian Federation). The bodies of a local Orthodox religious organization, in accordance with the standard charter, include the Diocesan Bishop, the Rector, the Parish Assembly, the Parish Council, the Chairman of the Parish Council, and the Audit Commission. In local religious organizations of other faiths, bodies may be named differently, in accordance with confessional specifics.
In accordance with Art. 56 of the Civil Code of the Russian Federation, legal entities, except for owner-financed institutions, are liable for their obligations with all their property. However, the legislator retreated from the straightforward application of the principle of equality before the law and took into account that liturgical objects should not be sold for the debts of a religious organization in order to avoid offending religious feelings. According to Art. 21, clause 5 of the Federal Law “On Freedom of Conscience and Religious Associations”, movable and immovable property for religious purposes cannot be foreclosed upon by claims of creditors. The list of types of property for religious purposes, which cannot be foreclosed upon claims of creditors, must be established by the Government of the Russian Federation at the proposals of religious organizations (Article 21 of the Federal Law “On Freedom of Conscience and Religious Associations”). Until now, such a list has not been established, including due to the rarity of the occurrence of relevant situations in law enforcement practice.
In the ruling of the Constitutional Court of the Russian Federation dated October 19, 2010 No. 1406-О-О on the complaint of the applicant challenging the constitutionality of the commented paragraph of the law, it was concluded that
“these provisions establishing judicial immunity from foreclosure on the property of religious organizations that have a religious purpose and thereby ensuring the functional use of this property (religious buildings and structures, other objects of religious purpose), the value of which is determined, first of all, by the nature of such use, do not secure absolute property protection of religious organizations from the claims of creditors and do not deprive the latter of the right to demand foreclosure on other property that does not have a religious purpose.
As follows from the presented judicial acts, in satisfying the demands of a local religious organization to recognize as illegal the actions of the bailiff to foreclose and seize its property as a debtor, the courts proceeded from the evidence of the case materials (the list of operating synagogues of the Federation of Jewish Societies of Russia, the testimony of witnesses, conclusions of experts, etc.) the fact of using the controversial extension to the synagogue building for liturgical purposes, i.e. for worship, other religious rites and ceremonies.
Thus, despite the absence of a list of types of property for liturgical purposes approved by the Government of the Russian Federation, which cannot be foreclosed upon claims of creditors, the conclusions of the courts in the applicant’s case about the use of the specified real estate specifically for liturgical purposes were made on the basis of an assessment of the circumstances of a particular case, including the functional characteristics of this property and its actual use.”
An important feature established in Part 1 of Article 65 of the Civil Code of the Russian Federation is that a religious organization cannot be declared insolvent (bankrupt). This means that, regardless of the size of the debt obligations of a religious organization and the length of time for their non-fulfillment, either voluntary or forced bankruptcy procedures cannot be applied to it. (A religious organization that has debts that it is unable to pay has the right to decide on voluntary liquidation in accordance with Article 14 of the Federal Law “On Freedom of Conscience...” The property of the liquidated religious organization, except for property for religious purposes, will be sold to satisfy the claims of creditors.)
Types of property rights of religious organizations
Ownership
Possession- this is the ability to have this property, the exercise of physical power over a thing. Ownership of a religious building means that the religious organization that owns it controls access to it (possesses keys, manages watchmen, security guards). Possession of objects of worship and religious literature means that they are physically located on premises owned by a religious organization.
Use means the exploitation of a thing, the extraction of its useful properties from the property, for example, reading a book, working on a computer, performing worship in a religious building. In most cases, the use of property is associated with the right of ownership, since in order to use the property, it must be owned.
Order- this is the opportunity to change the legal attitude to the owner’s thing by changing its ownership, condition or purpose.
Art. 209 of the Civil Code of the Russian Federation establishes that
“the owner has the right, at his own discretion, to perform any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner, the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.”
For example, a religious organization can sell property owned by it, rent it out, provide it for free use, donate it, and also destroy things that have become unusable.
Responsible to the owner burden of maintenance his property (Article 210 of the Civil Code of the Russian Federation). The owner of property protected as a historical and cultural monument accepts a protective obligation and cannot destroy or damage it. The export of cultural property from the country is also limited.
As a rule, the property of religious organizations is property independently created or acquired by them, as well as received by them as a donation. After the adoption of the Federal Law of November 30, 2010 No. 327-FZ “On the transfer to religious organizations of property for religious purposes that is in state or municipal ownership,” in the coming years, one can foresee an intensification of the transfer to the ownership of religious organizations of property for religious purposes nationalized by the Soviet government (more details see next chapter).
Right of free use
The Civil Code of the Russian Federation reveals the content of the concept of “gratuitous use” through the definition of a gratuitous use agreement in Article 689. Under a gratuitous use agreement (loan agreement), one party (the lender) undertakes to transfer or transfers the thing for gratuitous temporary use to the other party (the borrower), and the latter undertakes return the same item in the condition in which she received it, taking into account normal wear and tear or in the condition stipulated by the contract.
In Russian, the word “loan” is also used in the sense of “loan”, therefore, in order to avoid ambiguity, legislation on freedom of conscience and on religious associations does not use the terms “loan agreement”, “lender”, “borrower” introduced by the Civil Code of the Russian Federation in relation to legal relations arising when religious organizations are provided for free use of property for religious purposes that is in state or municipal ownership. But in the language of civil law, a religious organization that uses, for example, a religious building for free use is called a “borrower.”
Article 22 of the Federal Law “On Freedom of Conscience and Religious Associations” established that
“religious organizations have the right to use for their needs land plots, buildings and property provided to them by state, municipal, public and other organizations and citizens, in accordance with the legislation of the Russian Federation. The transfer to religious organizations for use according to their functional purpose of religious buildings and structures with associated land plots and other property for religious purposes, which is in state or municipal ownership, is carried out free of charge.”
The vast majority of religious property nationalized by the Soviet state remains state or municipal property to this day, including existing religious buildings. During the Soviet period, legislation did not at all provide for the possibility of transferring this property into the ownership of religious societies. Until 2010, Russian legislation spoke about the possibility of transferring property for religious purposes “for ownership or free use” to religious organizations, leaving the choice of option to the discretion of the law enforcement officer. In addition, until 2002, legislation on the protection of historical and cultural monuments did not allow the alienation of property protected as a monument from state ownership.
A religious organization that has property under the right of free use has the rights to own and use this property. However, unlike the owner, she does not have the right to dispose of this property, that is, she does not have the right to independently sell it, rent it out, or provide it for free use to a third party. The provisions of the Civil Code of the Russian Federation on the right of the tenant, with the consent of the lessor, to dispose of the leased property, including subletting it or transferring it for free use to third parties (Article 615, Part 2 of the Civil Code of the Russian Federation), do not apply to the agreement for gratuitous use (Article 689, Part 2 of the Civil Code of the Russian Federation).
However, judicial practice allows the borrower the right to lease to third parties property received under a free use agreement. The ruling of the Supreme Arbitration Court of the Russian Federation dated January 29, 2009 No. 2128/08 in case No. A48–1314/07–10 states that “Art. 36 of the Civil Code of the Russian Federation does not contain rules prohibiting the borrower, with the consent of the lender, from transferring property received under an agreement for gratuitous use for rent.” The Resolution of the Federal Arbitration Court of the West Siberian District dated 05/07/2010 No. A75–2599/2009 concluded that, taking into account the absence of the aforementioned prohibition in the Civil Code of the Russian Federation, “the transfer by the borrower of property for rent with the consent of the lender cannot be regarded as as a violation of the law, and the condition of the gratuitous use agreement providing for such a right of the borrower is not invalid.”
Religious organizations use state or municipal property for religious purposes with the right of free use on the basis free use agreement.
In accordance with Article 698 of the Civil Code of the Russian Federation, the lender (in this case, the authorized state or municipal body that entered into an agreement on behalf of the owner) has the right to demand early termination of the agreement for gratuitous use in cases where the borrower (religious organization):
- uses the thing not in accordance with the contract or the purpose of the thing;
- fails to fulfill obligations to maintain the thing in good condition or its contents; significantly worsens the condition of the thing;
- transferred the item to a third party without the consent of the lender.
However, as a rule, agreements for free use were concluded with religious organizations in the form of a “gratuitous agreement.” unlimited use." These, in particular, were the security agreements concluded when transferring for free use to religious organizations objects protected as historical and cultural monuments. (Contrary to popular misconception, such a standard agreement contained not only obligations to protect the monument. It is an agreement on the transfer of property for free use.)
Perpetual use, from the point of view of the Civil Code, is not an “eternal”, “permanent” right, but only means that the contract was concluded without specifying a period. This significantly worsens the position of the religious organization. If the contract is concluded for a certain period, the owner can terminate it early only on the grounds listed above. The owner has the right to unilaterally terminate the agreement of gratuitous perpetual use at any time, even though the religious organization conscientiously and carefully uses the property provided to it. This follows from the first part of Art. 699 of the Civil Code of the Russian Federation: “Each of the parties has the right at any time to refuse a contract for gratuitous use concluded without specifying a period, notifying the other party one month in advance, unless the contract provides for a different notice period.”
Thus, the authorities retain a certain amount of discretion when deciding on the use of property for religious purposes. Property already transferred to a religious organization for free use can, if there is a corresponding application, be transferred to its ownership; in the absence of such an application, it can be retained by it under the previous right of free use, or, using the above legal grounds, it can be withdrawn from the religious organization , including for subsequent transfer to another religious organization.
In accordance with Part 2 of Article 4 of the Federal Law “On the transfer to religious organizations of property for religious purposes that is in state or municipal ownership”:
“the transfer of state or municipal property for religious purposes to a religious organization for free use is carried out if:
1) this property is not subject to alienation from state or municipal property in accordance with the legislation of the Russian Federation;
2) the transfer of this property for free use was proposed by the religious organization itself;
3) this property is a premises located in a building, structure, structure that is not related to property for religious purposes in accordance with Article 2 of this Federal Law.”
According to the general rules of Art. 421 of the Civil Code of the Russian Federation “Freedom of Contract”, the transfer of property for free use is carried out on the basis of a voluntary decision of the property owner (lender). However, with regard to property for religious purposes that is in state or municipal ownership, the Federal Law “On the transfer of property for religious purposes to religious organizations...” actually established in Art. 7, that the authorized government body is obliged to satisfy the application of a religious organization for the transfer to its ownership or free use of property for religious purposes in the absence of grounds for refusal specified in Article 8 of the same law.
Lease right
The most typical cases are rental by religious organizations of premises for worship, religious meetings, cultural, educational and educational events, rental of transport, machinery and equipment. In addition, a religious organization itself has the right to lease property owned by it (as well as sublease property owned by it by lease, with the consent of the owner (lessor)). The income received (rent) must be spent on the statutory purposes of the religious organization. Restrictions of a canonical nature are not subject to legal regulation, but are independently observed by religious organizations, for example, the ban on renting out a consecrated religious building or property for religious purposes.
Right of operational management
The right of operational management can be exercised by a religious institution created by a centralized religious organization in accordance with Art. 8 clause 6 of the Federal Law “On Freedom of Conscience and Religious Associations”.
According to the definition given in Art. 120 of the Civil Code of the Russian Federation, an institution is a non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed in whole or in part by this owner. The property of the institution is assigned to it with the right of operational management in accordance with the Civil Code of the Russian Federation.
The institution is responsible for its obligations with the funds at its disposal. If they are insufficient, subsidiary liability for the obligations of the institution is borne by its owner (Article 120 of the Civil Code of the Russian Federation). Therefore, a centralized religious organization is not responsible only for the obligations of the local religious organizations that are part of it, but it is obliged to bear responsibility for the obligations of the religious institutions created by it. For example, a diocese, as a founder, will be responsible for the obligations of a monastery or religious educational institution founded by it.
Acting as the founder of an institution of professional religious education, a monastery or other religious institution, a centralized religious organization provides it with property with the right of operational management, while remaining the owner of this property. The establishment in relation to the property assigned to them is carried out within the limits established by law, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property, the right to own, use and dispose of it (Article 296 of the Civil Code of the Russian Federation).
The content of the right of operational management of property is significantly the same as the content of the right of ownership. An institution does not have the right to alienate or otherwise dispose of the property assigned to it and property acquired from funds allocated to it according to the estimate. If, in accordance with the constituent documents, an institution is granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of the institution and are accounted for on a separate balance sheet (Article 298 of the Civil Code of the Russian Federation). The owner of property - the founder of a religious institution has the right to confiscate from him excess, unused or misused property and dispose of it at his own discretion (Article 296 of the Civil Code of the Russian Federation).
Features of types of rights to land plots
The current Land Code of the Russian Federation establishes that when providing religious organizations with land plots that are in state or municipal ownership, the type of right to the land plot is predetermined by the type of its right to buildings, structures, structures located on this plot.
In accordance with Art. 36 of the Land Code of the Russian Federation, religious organizations that have owned free of charge.
Religious organizations that, in accordance with Federal laws, have on the right of free use buildings, structures, structures for religious and charitable purposes, located on land plots in state or municipal ownership, these land plots are provided on the right of free fixed-term use for the period of free use of these buildings, structures, structures.
For construction buildings, structures, structures for religious and charitable purposes, religious organizations are provided with a land plot for free, fixed-term use for the duration of the construction of these buildings, structures, structures, according to Art. 30 of the Land Code of the Russian Federation. Upon completion of construction and after registration of ownership of the constructed object, a religious organization has the right to receive free into the property this land plot on the basis of Art. 36 of the Land Code of the Russian Federation.
A religious organization also has the opportunity to acquire ownership of a plot of land for a fee or receive as a gift a land plot from individuals or legal entities, as well as use it under a lease or gratuitous use agreement. For transactions of this kind carried out by religious organizations, no special rules have been established; they are carried out in accordance with the general norms of the Civil Code of the Russian Federation and land legislation.
If a building in use or ownership of a religious organization is classified as an object of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), then it should be borne in mind that, in accordance with Art. 99 of the Land Code of the Russian Federation, the land on which the building is located belongs to the lands of historical and cultural significance. Historical and cultural lands must be used strictly in accordance with their intended purpose; activities that do not correspond to their intended purpose are not permitted. (The Land Code, however, does not give an unambiguous answer to the question of whether only the land occupied by the object, the adjacent territory, or the protected zone of the monument belongs to lands of historical and cultural significance (the latter can be significantly larger than the land plot enclosed by a temple or monastery fence .))
The Land Code also establishes that religious organizations have the right to use agricultural lands for agricultural production (Article 78 of the Land Code of the Russian Federation).
Objects of property rights of religious organizations In accordance with Art. 21 Federal Law “On Freedom of Conscience...”, “religious organizations may own buildings, land plots, objects of production, social, charitable, cultural, educational and other purposes, religious items, funds and other property necessary to ensure their activities , including those classified as historical and cultural monuments.
Religious organizations have the right of ownership of property acquired or created by them at their own expense, donated by citizens, legal entities, transferred to religious organizations by the state, or acquired by other means that do not contradict the legislation of the Russian Federation.
The transfer, in accordance with the established procedure, into the ownership of religious organizations of religious buildings and structures with associated land plots and other property for religious purposes that is in state or municipal ownership is carried out free of charge.
Religious organizations may have property rights abroad.”
According to the Constitution, Russia has the status of a secular state, which means that no religion can be recognized as the main or state religion. All citizens are free in their religion and, if desired, can be participants or founders of associations of a religious nature (not to be confused with). Today we will tell you about the situation and administrative and legal status of religious associations and its signs.
Characteristics of religious associations
Concept and regulation
A religious association is an association of citizens and persons permanently residing in Russia, on a voluntary basis, for the purpose of common religion and rituals, dissemination and teaching the faith to its followers. Being a legal entity, a religious organization is part of the group of non-profit unitary organizations (not to be confused with and on).
The legal status of associations based on religion is determined by the Federal Law (federal law) “On Freedom of Conscience and Religious Associations” (from 1997), the Civil Code, partly by the Constitution and No. 129-FZ (on the procedure for registering individuals and creating legal entities).
Read below about public, traditional organizations and religious associations in the Russian Federation (Russian Federation), as well as their other types and forms.
This video will tell you about what a religious association is:
Forms and types
The Federal Law states that associations of a religious nature can take only two forms:
- religious group- free association for the profession of faith without state registration;
- religious organization- free association for voluntary confession, dissemination of faith with the acquisition of legal capacity as a legal entity.
The legislative classification is not limited to this. Depending on the field of activity (territorial), a legal entity is divided into:
- local organizations— all participants live in the same rural or urban settlement (same locality);
- centralized organizations— an association of three local religious organizations.
When compared with other non-profit institutions, it is easy to see that a centralized organization is similar to an association. In most cases, the purpose of its creation is to coordinate the activities of local organizations. They can also be created within just one subject of the Russian Federation, while centralized ones can include associations that operate on the territory of two, three or more subjects of the Russian Federation.
It is interesting that both centralized organizations can be created by local ones, and local ones can be created by centralized ones. For example, three or more local associations may establish a centralized religious organization. Also, an existing centralized association can establish local organizations, for example, on the territory of new subjects of the Russian Federation for a religious association.
Activity
A religious association can carry out almost any activity, which is not prohibited by Russian legislation. Initially, this is a confession of faith, the performance of rituals, various ceremonies and the religious education of the participants. Organizations also have the right:
- maintain and establish religious buildings and objects;
- produce and transmit religious literature, as well as video and audio materials;
- establish organizations producing materials and objects of a religious nature;
- establish educational organizations and media;
- carry out missionary activities;
- carry out direct charitable activities;
- create charitable institutions;
- conduct business activities;
- create commercial and non-profit legal entities.
The activities of not all religious groups are not restricted or welcomed. The legislation of the Russian Federation prohibits the activities of organizations that are recognized as extremist or destructive. According to Federal laws, such organizations are subject to suspension or liquidation.
Also, an organization of a religious nature cannot influence government bodies, take any part in elections or support any political party, assist it financially or in any other way. This prohibition applies to the organization as a whole and does not apply to its participants.
Read below about members of religious associations and their rights under the laws on religious activities.
The video below will tell you about the legal experience of religious associations:
Organization members
An individual with a permanent place of residence on the territory of the Russian Federation on legal grounds has the right to become a participant in a religious association. The only exception is the following circle of persons who can neither belong to nor establish religious organizations:
- individuals, not citizens of Russia, whose stay on the territory of the state is considered undesirable;
- persons included in the list in accordance with No. 114-FZ, No. 35-FZ and No. 115-FZ (extremist activities, financing of terrorism and laundering of proceeds from crime).
All participants have equal rights. That is, all participants can take equal part in the management of the organization, have one vote each in voting and can be elected as an executive body. The presence of a collegial executive body with a head in the form of a sole executive body of the association is mandatory.
Participants also distribute responsibilities evenly: everyone is required to pay equal contributions, participate in the activities of the organization, and not violate its charter and internal rules.
Interestingly, members of a legal entity conducting religious activities do not receive the right to distribute any income. Moreover, even profits from commercial organizations created by a religious association cannot be distributed. According to the law, any business activity can be carried out only to achieve the goals in the charter.
Members of the association are exempt from liability for the obligations of a religious institution. Corporate relations within the organization are organizational with the absence of a property nature.
Establishment of a subject
A religious organization can be opened by an association of individuals (at least 10) who have received full legal capacity and permanently reside within the state. This rule is relevant for a local association. The main constituent document is the charter. In addition, in order to register as a legal entity, participants must present the following documents and information to the state registration authority:
- registration application;
- a list of individual founders with basic information about them;
- minutes of the founding meeting;
- information about the organization’s religion and attitude towards health, education, marriage, as well as existing restrictions on civil responsibilities and the rights of its participants;
- information about the governing body, in particular about its location for communication with the association;
- a document serving as proof of payment of the state fee.
The founders' application is considered for no longer than a month. There are cases when, in order to conduct a special examination (religious studies) by a state body, the period for reviewing documents is extended to six months. The inexpediency of creation as a reason for refusal of registration is unacceptable. But there are other reasons according to which refusal to establish a legal entity is possible:
- if the activities and goals of the organization contradict the Constitution;
- the association is not recognized as religious;
- documents are drawn up incorrectly or contain false information;
- if an organization with this name exists;
- if the founders are incompetent.
The creation and registration of a centralized association is carried out identically to a local organization. The only difference: to establish a centralized association, there must be at least three local corresponding religions.
Foreign religious associations can undergo the state registration process only if there is a petition from a Russian organization of the corresponding religion. According to the law, such institutions receive the status of representative offices without the right to carry out religious or missionary activities.
Property and charter
The main document defining the activities and internal corporate relations is the charter. It states:
- basic information about the religious association;
- tasks, forms and goals of activity;
- the procedure for establishing management bodies, their competence;
- organization structure;
- sources of property, funds;
- distribution of property in the event of liquidation of the association;
- other information relating to the activities of such a legal entity.
Groups that operate without obtaining a legal entity use the property of the members. At the same time, participants do not lose ownership rights to the property used by the group and can withdraw it upon request.
- In religious organizations, the situation is equally opposite: the ownership of any property that participants transfer to the association passes to the organization. Both founders and participants are deprived of property rights to the monetary, tangible or intangible assets of the association, except for the rights of management and use.
- If a participant decides to leave the institution, he cannot demand the return of property transferred by him to the religious association. From state and municipal property, property of a religious nature is transferred into the ownership of such organizations free of charge.
- The only people who have the right to sell, lease or otherwise deal with the property of the association are the management bodies authorized by the charter. During liquidation, the property, in the absence of creditor claims, is sold in accordance with the purposes in the charter. Also, if it is specified in the document, it can be distributed among the participants.
This video will tell you about the forms of religious associations: