TO As you know, the famous Federal Law No. 125 “On Freedom of Conscience and on Religious Associations”, which so drastically changed the “life” of religious associations in our country, was adopted on September 26, 1997. Almost seven years have passed since then, and the Law has been amended five times, three times in the Constitutional Court Russian Federation the constitutionality of a number of articles of the Law was subjected to verification, the Ministry of Justice repeatedly issued letters regulating many of the provisions of the Law.

IN In this article, we will not consider an interesting and informative, but too large-scale, topic of research into the nature of all these changes. We will be interested in a narrower, but the most important problem for each church state registration. It is no secret that the unjustifiably strict and bureaucratic rules for state registration of churches in the first edition of the Law caused a lot of criticism among believers. The requirement to confirm the existence of a religious group of a given denomination in a certain territory for a fifteen-year period practically made it impossible for many “new” religious groups to undergo the state registration procedure and obtain the status of a legal entity. In 1997, it was difficult to document the 15th term, since many churches in the Soviet period, for obvious reasons, did not seek to leave “documentary evidence” of their activities. Through the fault of the legislator, religious groups that existed in Russia until the 1920s and 1930s, and then were liquidated under pressure from the authorities, also faced a similar problem. It is not at all easy for them to restore the “connection of times” and document their succession. Among such groups, which even the most conservative drafters of the Law are unlikely to classify as "non-traditional religious associations," were the Dutch Reformed, some groups of Catholics, and many others. It should be noted that these denominations have existed on the territory of our city since the first months of its existence, their representatives have made a significant contribution to the culture and economy of St. Petersburg. Curiously, one of the religious organizations "proved" its 15-year term with extracts from Soviet-era newspapers, where the followers of this church were criticized by the authorities for antisocial behavior. However, this is a sad sign of our time: the most law-abiding citizens sometimes experience the greatest difficulties with the law, striving to follow every letter of the law.

H Not everyone was able to take advantage of another opportunity: to register under the "umbrella" of a centralized religious organization without waiting for the end of the 15-year period. Only a few dozens of centralized religious associations of various confessions and denominations are registered in Russia. This figure does not seem significant if we consider that it unites ALL the beliefs of the peoples of Russia and foreigners who are on our territory, including all varieties of Orthodoxy, Protestantism, Islam, etc. How insufficient this is can be explained by an example. A few years ago, I represented a foreign Baptist missionary in a government agency. The official, who inquired about the missionary's doctrine, was surprised that the foreigner was a Baptist, but not a member of the Association of Evangelical Christian Baptist Churches on Poklonnaya Hill. It seemed to him that all Baptists should attend only one prayer building. It was amusing to see the reaction of the official, who generally treated us with sympathy, that in the state in which the missionary lives, there are 454 Baptist associations and several hundred other Christian associations.

P A "vicious" circle emerges, which is not easy to break. To register a church, one must be a member of a centralized religious organization, even if the beliefs of the local church do not exactly match those of the association. But once you join an association, you will be forced to indicate its confessional affiliation everywhere. In turn, a centralized religious organization of a given denomination will not be able to “spawn” an organization of another denomination. So it turns out that in Russia there is a situation that there are no charismatic, neo-Pentecostal, Reformed and many other centralized religious organizations, although there are many thousands of believers of these denominations. Maybe this approach brings joy to other "sectarians", but it hardly reflects the interests of the state, since there is no doubt that it is easier for the state to control the activities of registered churches, rather than semi-underground religious groups.

FROM 1997, the list of documents required for state registration of a religious organization has not changed. It is necessary to submit to the registration authority (Article 11 of the Law):

• application for registration;
• a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth;
• charter of a religious organization;
• minutes of the constituent assembly;
• a document confirming the existence of a religious group in a given territory for at least fifteen years, issued by an authority local government, or confirming her entry into a centralized religious organization, issued by her leading center;
• information about the basics of the dogma and the practice corresponding to it, including the history of the emergence of religion and this association, the forms and methods of its activity, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of the followers of this religion, restrictions for members and ministers organizations regarding their civil rights and responsibilities;
• information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out;
• payment document state duty.

T Nevertheless, the clarifications of the Ministry of Justice fill a number of positions in the list with new content. Yes, the main normative act regulating the registration of enterprises and organizations of various organizational and legal forms (including religious organizations) is the Federal Law of August 8, 2001 N 129-ФЗ “On State Registration of Legal Entities and individual entrepreneurs" (as amended on June 23, December 8, 23, 2003). This Law entered into force on July 1, 2002. In pursuance of this Law, the Ministry of Justice of Russia issued Order No. 199 dated July 12, 2002 “On approval of the forms of documents used in the state registration of a chamber of commerce and industry, a public association and a religious organization as a legal entity.” The specified Order, in particular, approved the forms of an application for state registration of a religious organization, information about its applicants and founders. The application (form РР-1) has the form of a table and is signed by the applicants in the presence of a notary who certifies their signatures. The applicants, in accordance with the requirements of the current legislation, are members of the "top ten". They can be both the same ten people who founded the religious organization, and new citizens, if for any reason the membership of the church has changed. Information about applicants and founders contains information about their passport data. It is also useful to submit photocopies of the passports of the members of the "tens" in order to more quickly check by the officials of the registration authority that the information about the members of the religious organization is true. The list of applicants and founders may not match if the number of founders of the church exceeds ten people. There may be twenty or thirty founders, but they are not required to sign an application in the presence of a notary.

FROM knowledge of doctrine and history reference(they can be drawn up in the form of one document or two separate ones), as mentioned above, must necessarily contain the obligations of the church being created about loyalty to the current Russian legislation on family and marriage, health, and military service. Thus, most likely, a religious organization that has proclaimed coercion of its members to polygamy, refusal of medical care, refusal of compulsory military and alternative civilian service will not be registered.

IN An important innovation is that the previously widely used concept of “legal address” is becoming a thing of the past. Lawyers now recognize the concept of "the location of the permanent governing body of the religious organization being created", i.e. fraternal council, church council, board, etc. The location is only non-residential premises. Neither an apartment (even a privatized one) nor a residential building can be used as an office of the Church. It should be noted that the Letter of the Ministry of Justice of Russia No. 08-18-257-97 dated December 24, 1997 does not prohibit the use of residential premises as office space, but the Civil Code (clause 2 of article 671) prescribes that residential premises can only be used for the residence of citizens and the placement of organizations in it is not allowed. Despite some legal conflict (the above Letter of the Ministry of Justice has not been cancelled), applicants who indicated an apartment as the location of a registered religious organization will be refused.

H Finally, the size of the state duty for registering a religious organization has also changed. At present, it is two thousand rubles, and for registration of changes and additions to the charter - four hundred rubles.

IN Currently, the Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68 “On Approval of the Rules for Considering Applications and Making a Decision on State Registration” is in force, which regulates the procedure for submitting documents for registration of religious organizations, the procedure for considering applications for state registration, canceling an act of state registration, issuing duplicates of statutory documents, execution and storage of materials on state registration of religious organizations.

FROM It should be added that in accordance with paragraph 5 of Art. 6 Decree of the President of the Russian Federation of October 13, 2004 No. 1315 "Issues of the Federal Registration Service" created a new registration authority for religious and public organizations- The Federal Registration Service (Rosregistration), which decides on the state registration of religious organizations and representative offices of foreign religious organizations. In matters of registration of religious organizations, the territorial bodies of Rosregistration (Main Departments of the Federal Registration Service of the Russian Federation) act as assignees of the Main Departments of the Ministry of Justice of the Russian Federation (Department of Justice) on the territory of a given subject of the Federation. So, in St. Petersburg - this is the Main Directorate of the Federal Registration Service of the Russian Federation for St. Petersburg and the Leningrad Region, located in house 3 on the street. Smolny.

IN In conclusion, we note that the registration of religious organizations continues to be a complex procedure. Requires significantly large quantity documents than for registration of legal entities of other organizational and legal forms. In fact, registration is carried out by two bodies - tax (in our city - Department Federal Service for taxes and fees in St. Petersburg) and justice - by the territorial body of Rosregistration. Registration takes a significant amount of time associated with the procedures for coordinating documents, preparing two certificates of registration.

1. Religious organizations are subject to state registration in accordance with the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", taking into account the special procedure for state registration of religious organizations established by this Federal Law, (as amended by federal law dated 08.12.2003 No. 169-FZ) The decision on the state registration of a religious organization is made by the federal body executive power authorized in the field of state registration of public associations (hereinafter referred to as the federal body of state registration), or its territorial body. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of religious organizations, as well as other information provided for by federal laws, is carried out by the authorized registering body on the basis of a decision on the appropriate state registration adopted by the federal state registration body or its territorial body. At the same time, the procedure for the interaction of the federal body of state registration and its territorial bodies with the authorized registering body on issues of state registration of religious organizations is determined by the Government of the Russian Federation. (damage of Federal Law No. 58-FZ of 29.06.2004) (Clause 1 of Harm. of Federal Law No. 31-FZ of 21.03.2002) territory of one subject of the Russian Federation, is adopted by the territorial body of the federal body of state registration in the corresponding subject of the Russian Federation, (as amended by Federal Laws No. 31-F3 of March 21, 2002, No. state registration of a centralized religious organization that has local religious organizations in the territories of two or more constituent entities of the Russian Federation formed by centralized religious organizations in accordance with paragraph 6 of Article 8 of this 1st Federal Law is adopted by the body that made the decision on the state registration of the relevant religious organization (as amended by Federal Law No. 31-FZ of March 21, 2002) 5. For state registration of a local religious organization, the founders submit to the appropriate territorial authority federal body of state registration: (as amended by Federal Laws No. 31-FZ of 21.03.2002, No. 58-FZ of 29.06.2004) application for registration; a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth; charter of a religious organization; minutes of the constituent assembly; a document confirming the existence of a religious group in a given territory for at least fifteen years, issued by a local government, or confirming its membership in a centralized religious organization, issued by its governing center; information about the basics of the dogma and the practice corresponding to it, including the history of the emergence of religion and this association, the forms and methods of its activity, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of the followers of this religion, restrictions for members and ministers organizations with regard to their civil rights and obligations; information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out; (as amended by Federal Law No. 31-FZ of 21.03.2002) a document confirming the payment of the state fee, (the paragraph was introduced by Federal Law No. 31-FZ of 21.03.2002) for at least fifteen years, the territorial body of the federal body of state registration independently requests the specified information from the relevant local self-government body. (The paragraph was introduced by Federal Law No. 169-FZ of July 1, 2011) 6. In the event that the higher governing body (center) of the religious organization being formed is located outside the Russian Federation, in addition to the documents specified in paragraph 5 of this article, in the prescribed manner, charter or other fundamental document of a foreign religious organization, which is certified by the state body of the state where this organization is located. 7. The grounds for state registration of centralized religious organizations, as well as religious organizations formed by centralized religious organizations, are: an application for registration; list of founders of a religious organization; the charter of the religious organization being created, approved by its founder (founders); information about the address (location) of the permanent governing body of the religious organization being created, through which communication with the religious organization is carried out; (in ed. Federal Law No. 31-FZ of March 21, 2002) notarized copies of the charter and the document on state registration of the founder (founders); (as amended by the Federal Law of March 21, 2002 No. 31-FZ) the relevant decision of the competent body of the founder (founders); (as amended by Federal Law No. 31-FZ of 21.03.2002) a document confirming the payment of the state fee, (the paragraph was introduced by Federal Law No. 31-FZ of 21.03.2002) religious organizations included in its structure, and information about other religious organizations included in the specified structure. If the founder (founders) does not submit a document on state registration of the founder (founders), the territorial body of the federal state registration body independently requests the specified information from the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) households, (the paragraph was introduced by Federal Law No. 169-FZ of 01.07.2011) the term from the date of submission of all documents provided for by this article. In other cases, the body that makes a decision on the state registration of a religious organization has the right to extend the period for consideration of documents up to six months for the state religious expertise. The procedure for conducting state religious expertise is established by the authorized federal executive body (as amended by Federal Laws No. 31-FZ of 21.03.2002, No. 160-FZ of 23.07.2008) 7 of this article, the body that makes a decision on the state registration of a religious organization has the right to leave the application without consideration with notification of the applicant (applicants). 10. The federal body for state registration or its territorial body, after making a decision on the state registration of a religious organization, sends to the authorized registering body the information and documents necessary for the exercise by this body of the functions of maintaining a unified state register of legal entities. (As amended by Federal Law No. 58-FZ of June 29, 2004) On the basis of a decision taken by the federal body of state registration or its territorial body on the state registration of a religious organization and submitted by them necessary information and documents, the authorized registering body, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making the said entry, informs the body that made the decision on the state registration of a religious organization, (as amended by Federal Law No. 58-FZ of June 29, 2004) The federal body for state registration or its territorial body no later than three working days from the date of receipt from the authorized registering body of information about the entry made in the unified state register of legal entities on a religious organization shall issue to the applicant a document confirming the fact of making an entry on the religious organization in the Unified State Register of Legal Entities. (as amended by Federal Law No. 58-FZ of 29.06.2004) (Clause 10 as amended by Federal Law No. 31-FZ of 21.03.2002) provided for the registration of religious organizations, and come into force for third parties from the date of state registration. 12. For the state registration of a religious organization, changes made to its charter, a state fee is charged in the manner and in the amounts provided for by the legislation of the Russian Federation, (clause 12 as amended by Federal Law No. 31-F3 of 21.03. 1. The commented law establishes a special procedure for state registration of religious organizations. The general procedure for state registration is established by the legislation of the Russian Federation on state registration, consisting of the Civil Code of the Russian Federation, the Law on State Registration of Legal Entities and Individual Entrepreneurs and other regulatory legal acts of the Russian Federation issued in accordance with them. Establishment of a special procedure providing for the specifics of registration certain types legal entities (religious organizations, political parties, public associations, credit organizations, trade unions, etc.), is enshrined in Art. 11 of the Law on State Registration of Legal Entities and Individual Entrepreneurs. Under the state registration of legal entities, which include religious organizations, are understood acts of the authorized federal executive body carried out by entering into state registers information on the creation, reorganization and liquidation of legal entities, other information about legal entities in accordance with the legislation of the Russian Federation on state registration . A special procedure for the state registration of religious organizations provides for the participation of two government agencies, for the designation of which the legislation uses the concepts of "federal body of state registration" and "registering body". 2. In accordance with paragraph I of Art. 11 of the Law on Freedom of Conscience and on Religious Associations, the federal body of state registration is the federal executive body authorized in the field of state registration of public associations. Such a body is currently the Ministry of Justice of Russia, whose main tasks include the organization of activities for the state registration of non-profit organizations, including branches international organizations and foreign non-profit non-governmental organizations, public associations, political parties and religious organizations (clause 5 clause 2 of the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of October 13, 2004 No. 1313). In accordance with paragraph I of the said Regulations, the Ministry of Justice of Russia is a federal executive body that performs the functions of developing and implementing public policy and regulatory and new regulation in the established area of ​​activity, including the area of ​​registration of non-profit organizations, including religious organizations, as well as law enforcement functions and functions of control and supervision in the field of registration of non-profit organizations, including religious organizations. The said Regulations also enshrine the powers vested in the Ministry of Justice of Russia when it registers religious organizations. The Ministry of Justice of Russia: adopts, in accordance with the procedure established by the legislation of the Russian Federation, decisions on the state registration of religious organizations, as well as on the registration of representative offices of foreign religious organizations (clause 30.7, clause 7); establishes the procedure for conducting state religious expertise (clause 30.11 clause 7); carries out organizational and methodological management of the activities of territorial bodies related to the implementation of their functions, established by law of the Russian Federation on non-profit organizations, in particular, with the maintenance of a departmental register of registered non-profit organizations, including religious organizations (clause 30.15 clause 7); maintains a departmental register of registered non-profit organizations, including religious organizations, as well as a register of representative offices of foreign religious organizations opened in the Russian Federation (clause 30.27 clause 7); maintains and publishes a list of religious organizations in respect of which a court has made a valid decision to liquidate or ban activities on the grounds provided for by the legislation of the Russian Federation, as well as a list of religious organizations whose activities have been suspended due to their extremist activities (clause 30.28 of paragraph .I). The form of the certificate of state registration of a non-profit, including religious, organization was approved by Order of the Ministry of Justice of Russia dated August 3, 2009 No. 244 “On approval of the form of a certificate of state registration of a non-profit organization”. The federal executive body authorized in the field of state registration of public associations (Ministry of Justice of Russia), or its territorial body, makes a decision on the state registration of a religious organization. On the basis of such a decision, the authorized registering body enters into the Unified State Register of Legal Entities information on the creation, reorganization and liquidation of religious organizations, as well as other information provided for by federal laws. 3. The authorized registering body is the Federal Tax Service of Russia (Article 2 of the Law on State Registration of Legal Entities and Individual Entrepreneurs, clause I of the Regulations on the Federal Tax Service, approved by Decree of the Government of the Russian Federation of September 30, 2004 No. 506). The Federal Tax Service of Russia and its territorial bodies maintain the Unified State Register of Legal Entities in accordance with the Rules approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 438 “On the Unified state register legal entities". The Unified State Register of Legal Entities contains records of state registration during the creation, reorganization, liquidation of legal entities, including legal entities, the special registration procedure for which is established by federal laws, including religious organizations. With regard to religious organizations, the basis for making an entry in the Unified State Register of Legal Entities is a decision on state registration adopted by the federal executive body authorized in the field of state registration of public associations (the Ministry of Justice of Russia). A special procedure for the state registration of religious organizations and the participation in it of two federal executive bodies - the Ministry of Justice of Russia and the Federal Tax Service of Russia - presuppose the organization of interaction between them. The procedure for such interaction is determined by the Government of the Russian Federation. Paragraphs 2-4 Paragraphs 2, 3 and 4 of the commented article delineate the competence of the central office of the Ministry of Justice of Russia and its territorial bodies when deciding on the state registration of a religious organization. The relevant provisions are reflected in Administrative Regulations No. 455: The Ministry of Justice of the Russian Federation makes a decision on state registration in respect of the following organizations: > centralized religious organizations with local religious organizations on the territory of two or more constituent entities of the Russian Federation; > religious (including institutions) formed by these centralized religious organizations; territorial bodies of the Ministry of Justice of Russia perform the state function in relation to the following organizations: > local religious; > centralized religious organizations with local religious organizations on the territory of one constituent entity of the Russian Federation; > religious (including institutions) formed by these centralized religious organizations. Information about the location, contact numbers, addresses Email The Ministry of Justice of Russia and the territorial bodies that carry out state registration of religious organizations are contained in Appendix No. I to Administrative Regulation No. 455. When state registration of a religious organization, the applicants may be the following persons: the head of the permanent executive body of the registered religious organization or another person entitled without a power of attorney act on her behalf; the founder (founders) of a religious organization upon its creation; the head of the legal entity acting as the founder of the registered religious organization; supervisor liquidation commission upon liquidation of a religious organization; another person acting on the basis of the authority provided for by federal law or an act of a specially authorized state body (an act of a local self-government body). Paragraph 5 Paragraph 5 of the commented article contains a list of documents that the founders of a local religious organization must submit to the appropriate territorial body of the Ministry of Justice of Russia. The receipt by the territorial body of the Ministry of Justice of Russia of the established documents is the basis for the start of execution state function on state registration of a religious organization. An application for registration is submitted in accordance with Form PH 0001, which is contained in Appendix No. I to the Decree of the Government of the Russian Federation “On Measures to Implement Certain Provisions of Federal Laws Regulating the Activities of Non-Commercial Organizations”. The application is submitted in two copies. The applicant's signature on one copy must be notarized. The following documents are attached to the application for registration: a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth; the charter of a religious organization (the requirements for the charter of a religious organization are defined in Article 10 of the commented law); the minutes of the constituent assembly, containing information on the date and place of the meeting, the quantitative and personal composition of the participants and working bodies, the substance of the decisions made [on the establishment of a religious organization, the approval of its charter, the election (appointment) of the governing and control and audit bodies] and the results of voting on those decisions; a document confirming the existence of a religious group in the given territory for at least 15 years, issued by a local self-government body, or confirming its membership in a centralized religious organization, issued by its governing center; a payment order or other document confirming the payment of the state fee for the state registration of a religious organization to the appropriate budget. Documents for state registration shall be submitted in Russian, unless otherwise provided by federal law. Federal Law No. 169-FZ of 01.07.2011 “On Amendments to Certain Acts of the Russian Federation”, paragraph 5 of the commented article was supplemented with an instruction according to which, if the founders do not submit a document confirming the existence of a religious group in a given territory for for at least 15 years, the territorial body of the federal state registration body independently requests the specified information from the relevant local government body. All documents, except for the constituent documents of a religious organization, are submitted in two copies, one of which must be the original. Constituent documents of a religious organization shall be submitted in three original copies. At the same time, two copies of constituent documents submitted for state registration must be stitched and certified by the signature of the applicant or a notary. Along with the listed documents, the following information is also submitted to the relevant territorial body of the Ministry of Justice of Russia in two copies: on the fundamentals of the dogma and the practice corresponding to it, including the history of the emergence of religion and this association; about the forms and methods of its activity, about the attitude to the family and marriage, to education, the peculiarities of the attitude towards the health of the followers of this religion; restrictions for members and employees of the organization regarding their civil rights and obligations. The Methodological Recommendations of the Ministry of Justice of Russia, in response to the question of how information submitted to the registration authority about the fundamentals of the dogma of a religious organization is formalized, contains information that in the case of registration of local religious organizations that are part of a centralized organization with a single dogma (for example, the Russian Orthodox Church) , it is possible to present the corresponding "standard" document; about the address (location) of the permanent body of the religious organization, through which communication with the religious organization is carried out. Information about the address of the permanent governing body of the religious organization being created is indicated in the appropriate column of the application for state registration of the religious organization upon its creation. In accordance with Administrative Regulation No. 455, for the state registration of a religious organization, upon its creation, it is not required to provide information about the address (location) of the permanent body of the religious organization in the form of a letter of guarantee or other documents. When using in the name of a religious organization the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name, the applicant submits documents confirming the right to use them. The applicant has the right to submit documents to the territorial body of the Ministry of Justice of Russia personally or send them by mail with a declared value when it is sent and a description of the attachment. A document confirming the existence of a religious group in a given territory for at least 15 years, issued by a local self-government body, requires special clarification (see commentary to Article 7 of the law). According to paragraph 3 of Art. 27 of the Law on Freedom of Conscience and on Religious Associations, religious organizations that do not have a document confirming their existence in the relevant territory for at least 15 years, enjoy the rights of a legal entity, subject to their annual re-registration before the specified 15-year period. During this period, these religious organizations do not enjoy the rights provided for in paragraph 4 of Art. 3, paragraphs 3 and 4 of Art. 5, paragraph 5 of Art. 13, paragraph 3 of Art. 16, paragraphs I and 2 of Art. 17, paragraph 2 of Art. 18 (in relation to educational institutions and mass media), art. 19 and paragraph 2 of Art. 20 of the commented law). In particular, they do not have the right to apply to the President of the Russian Federation with a request to grant the clergy a deferment from conscription for military service; create educational institutions ; carry a representative office of a foreign religious organization and invite foreign citizens to engage in preaching and religious activities; conduct religious ceremonies in hospitals, orphanages, nursing homes for the elderly and the disabled, in institutions that carry out criminal sentences of imprisonment; produce, acquire, export, import and distribute religious literature, printed, audio and video materials and other religious items, as well as establish media. In the resolution of the Constitutional Court of the Russian Federation of November 23, 1999 No. 16-P, the provisions of paragraph I of Art. 9, paragraph 5 of Art. 11 and par. 3 and 4 paragraph 3 of Art. 27 of the Law on freedom of conscience and on religious associations are inseparable unity and as such form a complex norm. This norm, as noted in the decision of the Constitutional Court of the Russian Federation, determines which religious organizations, in the event of their establishment, registration and, as a result, upon re-registration, do not require confirmation of a 15-year period, and what legal consequences occur in the absence of such confirmation, if needed. From paragraph I, Art. 9, paragraphs 5 and 7 of article 11 of the commented law in conjunction with its art. 6, 7 and 8 it follows that for the establishment and registration of a local religious organization that is part of a centralized religious organization, confirmation of a 15-year period is not required. In order to establish a local religious organization in accordance with the Law on Freedom of Conscience and on Religious Associations, citizens united in a religious group must submit confirmation of a 15-year period (clause 1, article 9). This means that if a religious organization was established before the commented law came into force, then such confirmation is not required, since the religious group has already ceased to exist, being transformed into a religious organization that was registered as a legal entity and, therefore, according to paragraphs I and 3 Art. 49 and paragraph 2 of Art. 51 of the Civil Code of the Russian Federation is considered to be created. From that moment on, she acquired legal capacity, i.e. the opportunity to have civil rights corresponding to the goals of legal activity, and to bear the obligations associated with this activity, and therefore she fully enjoys the rights provided for religious organizations by the Law on Freedom of Conscience and on Religious Associations. Clause 6 The list of documents submitted for state registration is supplemented if the higher governing body (center) of the religious organization being formed is located outside the Russian Federation. The charter or other fundamental document of a foreign religious organization1, which is certified by the state body of the state where this organization is located, is additionally submitted to the justice authority. Documents of foreign organizations are submitted in the state (official) language of the relevant foreign state with a translation into Russian. They must be certified in accordance with clause 46 of Administrative Regulation No. 455. It explains that official documents and acts submitted by organizations and institutions of foreign states that are not parties to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents dated 05.10.1961, unless otherwise stated existing agreements and agreements of the Russian Federation with foreign states are accepted for consideration in the presence of a consul- In accordance with paragraph I of Art. 13 of the Law on Freedom of Conscience and on Religious Associations, a foreign religious organization means an organization established outside the Russian Federation in accordance with the laws of a foreign state. legalization, which is carried out by the consular offices of the Russian Federation abroad and the Consular Department of the Russian Ministry of Foreign Affairs. Official documents and acts submitted by organizations and institutions of foreign states - participants of the Hague Convention, unless otherwise provided by treaties and agreements of the Russian Federation with foreign states, are accepted for consideration when making a decision on state registration without consular legalization of documents, if they have an apostille23 certifying the authenticity of the signature, the position of the person who signed the document, and the authenticity of the seal or stamp that certified this document. Official documents received from the CIS countries are accepted for consideration without any special certification, if such documents are produced and certified by an institution or a specially authorized person within their competence and in the prescribed form and certified by a seal imprint with a reproduction of the state emblem. Clause 7 Documents submitted during the state registration of centralized religious organizations, as well as religious organizations formed by centralized religious organizations, are listed in clause 7 of the commented article. The following documents are attached to the application24 in Form No. PH 0001 contained in Appendix No. I to the Decree of the Government of the Russian Federation “On Measures to Implement Certain Provisions of Federal Laws Regulating the Activities of Non-Commercial Organizations”: a list of founders of a religious organization (legal entities) in two copies; notarized copies of the charter and the document on state registration of the founder (founders) in two copies; the charter of the religious organization being created in three copies, approved by its founder (founders); the relevant decision of the competent body of the founder (founders), drawn up in the form of a protocol general meeting , conferences, congresses, etc., in compliance with the requirements for this type of legal documents (two copies); information about religious organizations that are part of the structure of the religious organization being created, with copies of the charters and certificates of state registration of at least three local religious organizations that are part of its structure (in two copies). The requirement to provide copies of the statutes and certificates of state registration of at least three local religious organizations that are part of the structure of the centralized religious organization being created follows from the very definition of a centralized religious organization, enshrined in paragraph 4 of Art. 8 of the commented law and stipulating that a centralized religious organization must consist of at least three local religious organizations; information about the address (location) of the permanent governing body of the organization being created, through which communication with the religious organization is carried out. If the higher governing body (center) of the religious organization being created is located outside the Russian Federation, the charter or other fundamental document of the foreign religious organization, which is certified by the state body of the state where this organization is located, is additionally submitted (two copies); document confirming the payment of the state fee (original and photocopy). In the Methodological recommendations of the Ministry of Justice of Russia, it is noted that, within the meaning of Art. 9 of the commented law, evidence of a 15-year period of existence should be submitted only by local religious organizations that do not have confirmation of membership in the corresponding centralized religious organization. Centralized religious organizations are not subject to the 15-year duration requirement. The Federal Law “On Amendments to Certain Acts of the Russian Federation”, paragraph 7 of the commented article, is supplemented by an order, according to which, if the founders do not submit a document on state registration of the founder (founders), the territorial body of the federal body of state registration independently requests the specified information in the federal executive body that carries out state registration of legal entities. Clause 8 1. The terms for consideration of an application for state registration of a religious organization provided for by the commented clause are specified in clause 22 of the Administrative Regulation No. 455 and are one month and three days, and in the case of a state religious expertise - six months and three days from the date of submission of all documents provided for in the commented article. 2. In paragraph 8 of Art. 11 of the commented law provides for the possibility of conducting a state religious expertise as part of the procedure for state registration of a religious organization. The procedure for conducting state religious expertise is approved by the order of the Ministry of Justice of Russia "On the state religious expertise". The tasks of the state religious expertise are as follows: to determine the religious nature of an organization on the basis of constituent documents, information about the foundations of its doctrine and the practice corresponding to it; verification and assessment of the reliability of the information contained in the documents submitted by the religious organization, regarding the foundations of its dogma; verification of the compliance of the forms and methods of activity of a religious organization declared during state registration with the forms and methods of its actual activity. During the examination, other issues arising in the course of state registration and control over the activities of religious organizations that require expert assessment may be clarified. In order to achieve the set goals, the experts study the constituent documents of the religious organization; decisions of its governing and executive bodies; information about the fundamentals of the dogma of a religious organization and its corresponding practice; forms and methods of activity of a religious organization; divine services, other religious rites and ceremonies; internal documents religious organization, reflecting its hierarchical and institutional structure; religious literature, printed, audio and video materials produced and (or) distributed by a religious organization. Conducting a state religious expertise is based on the principles of observing the right to freedom of conscience and freedom of religion, other human and civil rights and freedoms, the rights of religious organizations, as well as the independence of an expert, objectivity, comprehensiveness and completeness of research. Religious expertise is complex. The examination of centralized religious organizations that have local religious organizations on the territory of two or more constituent entities of the Russian Federation is carried out by the Expert Council for the State Religious Studies Expertise under the Ministry of Justice of Russia, the regulation of which is contained in Appendix No. 2 to the said order of the Ministry of Justice of Russia. With regard to local religious organizations and centralized religious organizations that have local religious organizations in the territory of one constituent entity of the Russian Federation, the expertise is carried out by the Expert Council for State Religious Expertise under the Office of the Ministry of Justice of Russia in the constituent entity of the Russian Federation25. At the same time, if necessary, the territorial body of the Ministry of Justice of Russia has the right to apply for an opinion to the Expert Council under the Ministry of Justice of Russia. The procedure for conducting state religious expertise establishes cases in which the Ministry of Justice of Russia, its territorial agency has the right to send a request for an expertise: upon receipt by the Ministry of Justice of Russia (its territorial agency) in the prescribed manner of an application for state registration of a religious organization that does not have confirmation issued by a centralized religious by an organization of the same religion, as well as upon receipt of changes made to the charter of a religious organization (including its name), if these changes are associated with the indication or change of information about the religion of the organization; if necessary, an expert assessment of the presence or loss in the activities of a registered religious organization of signs of a religious association (religion; worship services, other religious rites and ceremonies; teaching religion and religious education of its followers); if it is necessary to verify the reliability and compliance of the actual activities of a religious organization with the forms and methods, information about the fundamentals of the dogma, declared during its state registration; upon the entry into force of a court decision on recognizing a citizen who is a member (participant) of a religious organization as a person carrying out extremist activities; upon entry into force of a court decision on recognizing as extremist materials produced or distributed by a religious organization; in other cases, when state registration and (or) control over the observance of the charter by a religious organization regarding the goals and procedure for its activities arises, issues that require special knowledge. It should be noted that the specified order of the Ministry of Justice of Russia significantly expands the subject of religious studies expertise in comparison with how this subject is defined in paragraph 8 of the commented article. The decision to send the documents of a religious organization for examination is formalized by an order of the Ministry of Justice of Russia (its territorial body). A copy of such an order shall be sent within three days to the address of the religious organization in respect of which an expert examination has been scheduled. The examination is carried out within three months from the date of receipt of the request to the Expert Council. If it is necessary to obtain clarifications on the submitted documents of religious organizations, as well as additional information diplomatic missions of the Russian Federation in foreign states, other state bodies of the Russian Federation, the period for conducting an examination may be extended by one month from written notice about this by the Ministry of Justice of Russia (its territorial body). The examination ends with the registration of a prepared expert opinion, which is advisory in nature for the Ministry of Justice of Russia (its territorial body). The expert opinion should reflect: the time and place of the examination; grounds for its implementation; questions put to the experts; information about objects and documents submitted for examination; content and results of research; evaluation of the results of the study, motives and arguments underlying the decision, conclusions on the issues raised and their justification. In addition, the expert opinion may contain information about a representative of a religious organization who was present at the meeting of the Expert Council. If, during the examination, circumstances are established that are important for its results, but not specified in the request, the Expert Council may also include conclusions on these circumstances in the expert opinion. The expert opinion and dissenting opinion of experts are subject to publication on the official website of the Ministry of Justice of Russia (its territorial body). Paragraph 9 One of the possible end results the performance of the state function of making a decision on state registration of religious organizations may be left without consideration of an application for state registration of a religious organization (paragraph 82 of Administrative Regulation No. 455). In this case, the body that decides on the state registration of a religious organization sends a notification to the applicant about leaving his application for state registration without consideration. The reason for this is the applicant's failure to comply with the requirements provided for in paragraphs 5-7 of Art. 11 of the commented law and defining the requirements for the composition of documents required for the state registration of a religious organization, and their execution. The notice of leaving an application for state registration of a religious organization without consideration, along with the grounds for the decision, must contain the following text: “Leaving an application without consideration may be appealed to the court. Leaving an application without consideration is not an obstacle to re-submitting documents for state registration, provided that the grounds that caused the application to be left without consideration are eliminated. If an application for state registration of a religious organization is left without consideration, one copy of the documents submitted for registration may be returned to the applicant personally or to his representative (subject to confirmation of authority by an appropriate power of attorney). Clause 10 Based on the order on state registration of a non-profit organization, an authorized specialist draws up and sends to the registration authority with cover letter , signed by the Deputy Director of the Department for Non-Profit Organizations (Deputy Head of the territorial body, whose competence, in terms of the distribution of duties, includes issues of state registration of non-profit organizations and control over their activities), one copy of the documents provided for in Art. 12, 13.1, 14, 17 and 21 of the Law on State Registration of Legal Entities and Individual Entrepreneurs, for making an entry in the Unified State Register of Legal Entities. Documents are sent to the registering body (the Federal Tax Service of Russia) no later than the working day following the adoption of a decision on the state registration of a religious organization. On the basis of the decision taken by the central office of the Ministry of Justice of Russia and its territorial body on the state registration of a religious organization and the necessary information and documents submitted by them, the Federal Tax Service of Russia, within a period of no more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the Unified State Register of Legal Entities and no later than the working of the day following the day of making the said entry, informs the central office of the Ministry of Justice of Russia or its territorial body about it. According to clause 86 of Administrative Regulation No. 455, when receiving documents from the Federal Tax Service of Russia, a civil servant authorized to prepare documents for state registration does the following: enters information on state registration of a non-profit organization in the departmental register; draws up a certificate of state registration of a non-profit organization and constituent documents intended for delivery to the applicant, certified by the signature of the Deputy Minister of Justice of the Russian Federation, whose competence for the distribution of duties includes issues of state registration of non-profit organizations and control over their activities (head of the territorial body), and an imprint of the seal of the Ministry of Justice Russia (territorial authority) with the reproduction of the State Emblem of the Russian Federation; places one copy of the documents submitted for state registration, copies of the certificate of state registration of a non-profit organization, as well as a certificate of making an entry in the Unified State Register of Legal Entities received from the registering authority, and other documents in the appropriate volume of the nomenclature file. Upon completion of the procedure for state registration of a religious organization during its creation, the applicant is issued a certificate of state registration in the prescribed form (Order of the Ministry of Justice of Russia "On approval of the form of a certificate of state registration of a non-profit organization"). Before issuing documents, the responsible specialist of the Ministry of Justice of Russia (territorial body) checks the availability of documents proving the identity and authority of the applicant to receive documents. Paragraph 11 Established in Art. 11 of the commented law, the procedure for state registration of a religious organization applies to all changes and additions made to its charter. Such changes and additions come into force for third parties only from the moment the state registration is completed. The norm of paragraph 11 of Art. 11 of the commented law corresponds to the norm contained in paragraph 3 of Art. 52 of the Civil Code of the Russian Federation, according to which changes in the constituent documents of a legal entity become effective for third parties from the moment of their state registration. The procedure for state registration of changes made to the constituent documents of a legal entity, and changes to the information about a legal entity contained in the Unified State Register of Legal Entities, is established by the norms contained in Ch. VI Law on State Registration of Legal Entities and Individual Entrepreneurs (Art. 17-19). So, in accordance with Art. 17 of the said law, for the state registration of changes made to the constituent documents of a legal entity, the following is submitted: an application for state registration of changes made to the constituent documents (form No. PH 0003, contained in Appendix No. laws governing the activities of non-profit organizations”); decision to amend the constituent documents; changes to the constituent documents of a legal entity; document confirming the payment of the state fee. According to paragraph 26 of Administrative Regulation No. 455, the provision of a public service in the event that a religious organization makes changes to the constituent documents, changes to the Unified State Register of Legal Entities in information that is not related to the introduction of changes to the constituent documents of a religious organization, is carried out within the time limits established for the provision of public services for the adoption decisions on state registration of religious organizations. As part of the state registration procedure for changes made to the constituent documents of a religious organization, the Ministry of Justice of Russia (its territorial body) has the right to send a request for a state religious expertise, if the changes made to the charter of a religious organization (including its name) are associated with an indication or a change in information about the religion of the organization (p. 7 of the Procedure for Conducting State Religious Expertise, approved by Order of the Ministry of Justice of Russia dated February 18, 2009 No. 53). Clause 12 1. For the state registration of religious organizations, a state fee is charged in the amount and in the manner prescribed by Ch. 25.3 HK RF. In accordance with Art. 333.33 of the HK RF for the state registration of a religious organization upon its creation for the state registration of changes made to the constituent documents, as well as for the state registration of the liquidation of a religious organization, a state duty in the amount of 4 thousand rubles is paid. Amendments to the information in the Unified State Register of Legal Entities that are not related to amendments to the constituent documents of a religious organization are free of charge. 2. In paragraphs. I p. I Art. 333.35 of the Civil Code of the Russian Federation provides that religious associations are exempt from paying the state fee for the right to use the names "Russia", "Russian Federation" and words and phrases formed on their basis in the names of religious organizations (see commentary to Article 8 of the law).

To acquire the rights of a legal entity non-profit organization is subject to state registration in accordance with Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs”, subject to the established special procedure for state registration of religious organizations Federal Law No. 125-FZ of September 26, 1997 “On Freedom of Conscience and about religious associations.

Forms of documents required for state registration of the liquidation of non-profit organizations were approved by Decree of the Government of the Russian Federation dated April 15, 2006 No. 212 “On measures to implement certain provisions of federal laws regulating the activities of non-profit organizations”.

For the state registration of a local religious organization, the founders submit the following documents to the Department of the Ministry of Justice of the Russian Federation for the Republic of Sakha (Yakutia):

application for registration in the form RN 0001 in 2 copies, on one of which the applicant's signature is certified by a notary;

a list of persons creating a religious organization, indicating citizenship, place of residence, date of birth in 2 copies. (original and copy);

charter of a religious organization in 3 copies;

minutes of the constituent assembly in 2 copies. (original and copy);

a document confirming the existence of a religious group in a given territory for at least fifteen years, issued by a local government, or confirming its membership in a centralized religious organization, issued by its governing center in 2 copies. (original and copy);

information about the basics of the dogma and the practice corresponding to it, including the history of the emergence of religion and this association, the forms and methods of its activity, the attitude towards family and marriage, education, the peculiarities of the attitude towards the health of the followers of this religion, restrictions for members and ministers organizations regarding their civil rights and obligations in 2 copies. (original and copy);

information about the address (location) of the permanent body of a religious organization, through which communication with a religious organization is carried out - is presented in the form of a letter of guarantee or other documents confirming its location, with duly certified copies of title documents, in 2 copies. (original and copy);

document confirming the payment of the state fee (receipt) in the amount of 4000 rubles - original and copy.

These documents are submitted for registration within three months from the date of the founding congress (conference) or general meeting. In case of non-compliance by the applicant (applicants) with the requirements for the composition of documents, the Department has the right to leave the application without consideration with notification of the applicant (applicants).

The term for consideration of documents by the Department is 28 (twenty-eight) days from the date of filing an application for state registration of a religious organization. The Department has the right to extend the term for consideration of documents up to six months for the state religious expertise.

Changes and additions made to the statutes of religious organizations are subject to state registration in the manner provided for the registration of religious organizations, and come into force for third parties from the date of state registration.

If a decision is made on the state registration of a religious organization, the Department sends information and documents to the tax authority for inclusion in the Unified State Register of Legal Entities. Within a period of not more than 5 working days from the date of receipt of these information and documents, the tax authority makes an appropriate entry in the Unified State Register of Legal Entities and informs the Office about it. Not later than 3 working days from the date of receipt of information about making an entry about a religious organization in the Unified State Register of Legal Entities, the Department issues to the applicant a certificate of state registration of a religious organization, a certificate of making an entry in the Unified State Register of Legal Entities, an extract from the Unified State Register of Legal Entities, a registered charter.

If the state registration of a religious organization is denied, the applicant (applicants) shall be notified in writing of the decision taken, indicating the reasons for the refusal.

The question of how to create a community arises among people who want to unite along religious or cultural lines. According to the law, communities are not required to register, but if you do, the association will receive additional rights. Whatever decision you make about registration, you must first create a community.

How to create your community

Community is a traditional form of living together. In ancient times, people built their way of life exactly according to this type. Such associations still exist, but they perform completely different functions. In modern cities, the life and activities of people have long been established, but those who consider themselves the bearer of special beliefs want to stand apart: it is for these purposes that such an association is created.

We can say that the community from a legal point of view is a structural unit. They are attributed to non-profit associations, that is, created not for the purpose of making a profit. At the same time, the community, if it is registered as entity may engage in commercial activities. Often they are created to perform religious functions.

Community Goals:

• unite people according to interests and beliefs;
• help find like-minded people;
• preserve cultural and religious traditions, folk crafts;
• joint organization of life special rules;
• assistance to its members;
• carrying out collective rituals and holidays.

Sometimes communities start building their own settlements: isolated villages or villages with their own way of life. The basis for it are other principles than those common in ordinary villages. Communities also help their members solve important issues.

To create your community, you need to recruit at least 10 people with the same interests or beliefs (the so-called "ten"). After that, you should decide on the goals for a particular association, try to follow them. The community needs to be given a name. If the activity of the community has been successful for some time, then it can be considered as created.

Do I need to register a community?

If the goals of the community are achieved even without registration, then in legal registration not necessary. Registration is associated with a number of difficulties, a legal entity needs support, including accounting. Therefore, if the community does not claim serious goals, one should reconsider whether it is so important - to register it. If a decision is made to design, you need to clearly understand why this is being done.

After registration, the community receives a number of rights that a simple group of people do not have:

• protection of interests by the state;
• the rights of a legal entity;
• the opportunity to own property;
• the ability to conduct commercial activities, to have a bank account;
• it is possible to conclude contracts with legal entities;
• you can receive targeted funding from third parties;
• allowed to provide commercial services.

If the source of funding for the community is its commercial activity, for example, handicrafts for the National Society, then registration is required. It also happens that members of the community receive special privileges, for example, the indigenous peoples of the North can engage in activities that are prohibited to the rest.

How to create a national community

Usually, communities are first created, then some time passes, and only after that they are registered. If you hurry with the design of the community, it may well turn out that it will soon fall apart, since there will be no reason for the participants to support its vital activity. And with a legal entity, you still need to do something.

To create a national community, it is necessary to hold a meeting of founders. At the meeting, it is necessary to make a decision on the creation of a community, to choose a governing body, a chairman. If the national community has religious preferences, this also needs to be decided. All decisions must be recorded in the minutes.

After that, a contract for the creation of a community is drawn up. It contains the following information:

• subject of the contract;
• name, location and period of activity of the community;
• purpose of creation;
• types of management;
• membership rules. For example, you need to create a Russian, Armenian or other community;
• features of management and resolution of disputable situations.

You also need to prepare a charter. It describes the main provisions relating to the activities of the organization being created. Although formulaic charters can be found, this document should be carefully considered as it forms the basis for the work of the congregation. Documents to be submitted for registration:

• application P11001, two copies, one of which is certified by a notary;
• charter;
• minutes of the meeting at which the decision to establish the company was made;
• creation agreement;
• confirmation of the legal address.

Documents must be submitted to the Ministry of Justice.

How to register a church (religious) community

The formalization of any community is not easy, but the religious one is the most difficult to formalize. If an organization is created from scratch, and there are no church associations of this kind in the Russian Federation, then the matter becomes more complicated. If there are such organizations, then you should contact them for help, this will significantly save strength and resources. So, it’s easier to first find an Old Believer, Muslim, pagan or Slavic organization, and then publish your own based on it.

Documents for registration of a church or parish community:

• application form R11001. On one of the applications, the signature must be certified by a notary;
• list of founders and their passport data;
• charter of the church organization;
• the minutes of the constituent assembly drawn up according to the form, at which it was decided to create an organization;
• a document that confirms the existence of a church organization in the given territory for at least fifteen years. If the organization is subordinate to a centralized religious organization, then a document is needed that indicates this (it is issued by the governing center of this organization);
• information about the basics of religious doctrine, practices, history of origin, methods and forms of activity. It is also necessary to describe the attitude towards the institution of family and marriage, the health of followers, the restrictions for the ministers of such a church organization (for example, for a monastic one);
• information about the legal address;
• paid receipt of state duty.

The FRS handles such applications. Attention should be paid, since the Ministry of Justice usually deals with NPO issues. Registration may take a long time.

Registration of the Cossack community

The registration of the Cossack communities is handled by the Ministry of Justice. The term for consideration of the application takes 14 days. If everything is in order, then entries are made in the Unified State Register of Legal Entities (it takes 5 working days), documents on registration are issued very quickly (up to 3 working days). If there are complications, the procedure may be delayed.

Documents that you need to wait for registration:

• application in the form P11001, 2 copies, one of which must be certified by a notary;
• charter of the company, 3 copies;
• a decision to establish a company, which is usually the minutes of the meeting of the founders;
• information about the founders: passport data, residence and other information;
• paid receipt of state duty;
• legal address (usually a letter of guarantee is used).

When submitting documents for registration of such a company, its charter is of great importance. It not only determines the way the organization functions, but is also scrutinized by the registration authorities very meticulously. It is important that all formulations do not allow misinterpretations. It is best to write the charter as simply and clearly as possible.

Formation of the regional community

A regional community is people united by living in a certain territory. It usually consists of citizens who are easy to distinguish on the basis of residence. Such associations are created with the aim of influencing the region of residence, preserving traditions and helping each other. This is how the creation of the Russian community of Crimea happened.

Documents for registration:

• application P11001 for registration in two copies, one of which must be certified by a notary;
• minutes of the founding meeting at which it was decided to establish a company;
• information about the founders: copies of passports;
• legal address (confirmed letter of guarantee);
• charter in two copies;
• creation agreement.

The legal service of the Moscow Patriarchate receives numerous appeals from the dioceses on 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 registration of religious organizations, their conclusion of civil law contracts and the inclusion of the name of a 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 the markings of literary works published by religious organizations, printed publications, audiovisual works 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 letterheads with its name. In accordance with the provision 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 fixed by the legislator in order to bring to the participants of 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).

P. 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 legal form and nature of activity."

Therefore, the registering authority is not entitled to demand that a religious organization include in the name additional information not provided for by law. Accordingly, it will also be unlawful to refuse to register a religious organization due to the non-inclusion in the name of 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 its decision dated July 13, 2001, declared unlawful the refusal of the Department 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 does not define her belonging to a centralized religious organization.

However, it should be noted that, according to Art. 23.1 of the Federal Law "On Non-Commercial Organizations", state registration of a non-commercial, including religious, organization may be denied if a non-commercial 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 Civil Code Russian Federation. This exclusive right is protected by law. Therefore, a person who illegally 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 - parties to the Convention "without the obligatory filing of an application or registration." Thus, a legal entity, including a religious organization, has the exclusive right to use its own name without registration of 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. There is no need to amend the articles of association accordingly. For example, when concluding a civil law 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 full name of the religious organization must be indicated in the preamble of the agreement, as well as a 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 February 7, 2011 No. 14-27\38. The letter states that the agreement with credit institution(or its branch) it is allowed to establish the abbreviated name of the religious organization for the purpose of making cashless payments and filling out settlement documents. This letter especially important in connection with numerous appeals from the 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 a request from a local religious organization regarding non-cash payments on the grounds that, according to founding documents, the full name of this organization exceeds 200 characters, while there is no abbreviated name. In accordance with the banking rules for non-cash payments, the name of the payer or recipient in the settlement document should not exceed 160 characters.

Freedom of conscience and religion is not absolute

The ban on the inclusion of 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 counteract the activities of non-traditional religious organizations that are interested in hiding from citizens and organizations their full names containing an indication of their confessional affiliation.

As pointed out by the Supreme Court in ruling No. 41-Г09-29 of 08.12.2009, 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 04.11.1950, Part 3, Art. 18 of the International Covenant of 12/16/1966 on civil and political rights and part 5 of Art. 13, part 2 of Art. 19, part 2 of 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 one or another 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, inciting religious hatred and enmity, promotion of religious supremacy.

The use of the words "Russia", "Russian", etc. in the name of a religious organization

A centralized religious organization whose structures operated on the territory of the Russian Federation on legal grounds for at least 50 years at the time of the said religious organization's application for state registration, have the right to use the words "Russia", "Russian" and derivatives from them in their names, in accordance with 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 No. 46-O dated April 13, 2000, 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 relevant religious organization if it was deprived of the opportunity to exercise its activity for reasons beyond its control, but from unlawful decisions and actions of state 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 the state fee for the right to use the respective names.

Federal Law "On non-profit organizations"

Article 3 Legal status 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 an emblem registered in the prescribed manner.

Article 4. Name and location of a 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 accordance with the established procedure has the exclusive right to use it.

Article 23.1. Denial 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 on legal grounds for at least fifty years at the time of the said religious organization's application for state registration, shall have 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 obliged to indicate its full name when carrying out activities.

Convention for the Protection of Industrial Property

Article 8 [Company Names]

A trade name is protected in all countries of the Union without mandatory filing 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, either alone or in community with others and in public or private, to manifest his religion or belief in worship, teaching, worship and observance.

2. The exercise of these freedoms, which impose 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 disclosure of information received in confidence, or maintain the authority and impartiality of the judiciary.

Constitution of the Russian Federation

Article 19

3. The state guarantees the equality of the rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official position, 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 grounds 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 allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

International Covenant on Civil and Political Rights

Article 18

…3. Freedom to manifest a religion or belief is subject only to such restrictions as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.