Legal regulation of missionary activity in Russia as an imitation of the fight against religious extremism

In July 2016 it was adopted in the Federal Law on 26.09.1997 № 125-FZ "On Freedom of Conscience and Religious Associations" (further - Federal Law) new Chapter III. 1, which regulates the missionary activity in Russia. The main innovation of this law was the art. 24.1, which is now fixed definition of missionary activity, but it has nothing to do with his religious understanding of ministry flock. If we turn to the text currently applicable version of the Federal Law, it is possible to identify the following problematic issues in the legal regulation. Firstly, the possibility of involvement of foreign missionaries. There is a contradiction between para. 3 p. 3 art. 24.2 of the Federal Law and p. 4.2 art. 13 of the Federal Law on 25.07.2002 № 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", since in the latter case, the foreign national not entitled to work outside of the subject of the Russian Federation on the territory of which he is granted a work permit. And according to the norms of the Federal Law the territory of a foreign missionary activity is limited to the territorial scope of the relevant activities of a religious organization, which may include several subjects of the Russian Federation. Secondly, topical was the question on the framework of missionary activity in living areas. Article 24.1 of the Federal law does not allow the implementation of missionary activity in residential locations except as provided in para. 2, art. 16 of the same act, that is, those places where the service can be carried out without hindrance. This provision, in turn, does not prohibit the carrying out of missionary activity in living areas. In its content the norms are the same, so a bunch of blanket norm is not obvious and is not built in series. Third, the question of the manufactured printed products. In fact, p. 3 art. 17 of the Federal Act does not change anything. The only thing is the need for the application of more than one marking on the printed product, if it produces a single organization, but is used on missionary activity within another organization. These shortcomings of legal regulation gave rise to corresponding problems in law enforcement. The first problem - the question of the subject. The law says the two of them - religious associations and their authorized persons. But law-interpreting the relevant rule is very broad and, for example, was brought to responsibility D. Osservaarde for being held in his home Bible study meeting. The second problem is the objective of the bill, which is aimed at impeding the activities of certain religious associations. Often the victims of wrongful prosecution are Baptists, Jehovah's Witnesses, Evangelists, etc. The third problem - is the maximum subjectivity enforcement, judicial practice. Thus, the the norms of missionary activity, which should be used for protection of rights and legitimate interests of man and citizen, not only failed to achieve the goal, but violate the constitutional rights and freedoms of believers.

Keywords

Authors

References