A comparative legal analysis of the constitutional rights of religious association

The author analyzed the sources of Russian and foreign law governing the status of religious associations in Russia, identified their types and outlined the classification of organizational and legal forms of worship in Russia. It was established that depending on the chosen form of worship, the scope of their rights changes. The aim of this study is to identify the “common” and “preferential” rights of religious associations in the legislation of foreign countries, as well as to develop specific proposals and recommendations for improving the legal system of Russia. The study is based on theoretical and empirical material. In particular, the works of Russian researchers (N.V. Vitruk, P.N. Dozortsev, E.I. Kozlov, N.I. Matuzov, A.V. Pchelintsev, O.N. Terekhov, and others) and studies of foreign authors (K. Durham, B. Schandu, G. Robbers, J. Petersen, and others) were used. Federal laws and acts of regional public authorities, court decisions and foreign laws were also used. The methodological basis of the study was dialectic, comparative legal and formal legal methods. In particular, the use of the dialectical method contributed to the study of the legislation on religious associations in Russia in its formation and development. The use of comparative legal and formal legal methods helped to identify the classification of collective forms of worship and the scope of rights assigned to each type. As a result, the author came to a conclusion that local religious organizations that are not included in the structure of a centralized religious organization of the same religion can be considered as “basic level” entities of organizational and legal forms of religious associations in Russia for ten years from the date of their state registration. “Upper level” entities are centralized religious organizations; local religious organizations within a centralized structure; local religious organizations that are not part of the structure of a centralized religious organization of the same religion but operating in Russia for more than ten years from the date of their state registration. When the Constitution was adopted, its content laid down democratic principles. However, modern practice has moved far from these ideals in the direction of supporting centralized religious structures and imposing restrictions on new religious cults. At the same time, so that the constitutional norms on a secular state do not remain only declarations, it is necessary to systematically review the norms of the Federal Law “On Freedom of Conscience and Religious Associations” and related acts, to exclude the ranking of religions, propagation and patronage of traditional dogmas. The public sphere must be free of religious interference, and be separated from all cults as stated in Article 14 of the Constitution of the Russian Federation.

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