Carrying out missionary activity
In July 2016 the Federal law N 125-ФЗ of 26 September 1997 “On freedom of conscience and religious associations” got a new chapter III.1, regulating matters of missionary activity in Russia. These and some other related changings among others were added by the Act with non-official name Yarovaya-Ozerov Package.
- 1. What is missionary activity
- 2. Prohibitions in carrying out missionary activity
- 3. Order of carrying out missionary activity
- 4. Foreign citizens right to carry out missionary activity
1. What is missionary activity
Carrying out missionary activity in the Russian Federation is regulated by the Federal Law N 125-FL of 26.09.1997 “On freedom of conscience and religious associations” (henceforth, Law on freedom of conscience).
According to article 24.1 of the Law on freedom of conscience, missionary activity is activity of religious association directed to promote information on its confession among persons, who are not participants (members, followers) of this religious association, with the purpose of engagement of these persons as participants (members, followers) of religious association, publicly carried out directly by religious associations or designated citizens and (or) legal entities with the help of mass media, information and telecommunication network “Internet” or by other legal means.
While making an interpretation to the afore mentioned regulation in Decision N 579-О of 13.03.2018, the Constitutional Court of the Russian Federation stated:
Therefore, missionary activity of religious association related to relationships regulated by the Federal law “On freedom of conscience and religious associations" is understood to be activity, which first of all, is carried out by a special scope of persons (religious association, its members, other persons and legal entities, as appropriate), secondly, is directed to information promotion of its confession (its religious doctrines) among persons who are not participants (members, followers) of this religious association, thirdly, has a purpose of engaging the aforementioned persons as participants (members, followers) of religious association by appellation to their conscience, will, feelings, including the means of sharing one’s own religious views and beliefs by the person, carrying out missionary activity. Therewith, systemic feature of missionary activity is citizens and their associations’ promotion of information on specific religious confession among persons who, being not its followers, are engaged into their number, also as participants of specific religious associations.
In other words, religious association, its participants, or other persons’ outward promotion of information on this religious association’s activity, held events, including sermons, other religious rites and ceremonies, falls within the definition of missionary activity as such only if it contains the aforementioned systemic feature: in its presence, the fact of carrying out legal missionary activity by religious association, its participants or other persons requires, among settling of other issues, identifying of all missionary activity features, stated in clause 1 article 24.1 and clause 2 article 24.2 of the Federal law “On freedom of conscience and religious associations”; and in its absence in activity carried out in the sphere of confessional relations attests to the fact that such activity cannot be qualified as missionary, in the terms of the Federal law “On freedom of conscience and religious associations”, therefore it has no elements of an offence, mentioned in part 4 article 5.26 of the Administrative Offences Code of the Russian Federation, even if it is carried out with violation of requirements of the legislation on freedom of conscience, confession and religious associations.
Missionary activity of religious association can be carried out without encumbrance:
- In cult facilities, buildings and constructions, and also on land property where such buildings and constructions are located;
- In buildings and facilities belonging to religious organizations by the right of ownership, or provided to them based on other property right to carry out their statutory activity; and also, on land property, on which such building and facilities are located;
- In rooms, belonging to religious organizations by the right of ownership or provided to them based on other property right to carry out their statutory activity, and also on land property, on which such building, having corresponding rooms, as agreed with owners of such buildings;
- In rooms, buildings, constructions and land property, belonging to them by the right of ownership or provided to them based on other property right by organizations, created by religious organizations;
- On land property, belonging to religious organizations by the right of ownership, or provided for them based on other property right;
- In places of pilgrimage;
- In cemeteries and crematoria;
- In rooms of educational organizations, historically used for carrying out religious ceremonies.
Missionary activity is banned in living facilities, excluding cases provided for by part 2 article16 of the Law on freedom of conscience. This article states that sermons, religious rites and ceremonies can be carried out in living facilities without encumbrance. Therefore, if missionary activity is carried out in terms of these events, it is permissible.
Legitimacy of holding sermons, religious rites and ceremonies in living facilities was pointed out by the Constitutional Court of the Russian Federation in Decree N 35-П of 14.11.2019:
Together with it, according to clause 2 article 16 of the Federal law “On freedom of conscience and religious associations”, sermons and other religious rites and ceremonies can be carried out without encumbrance not only in cult facilities, buildings and constructions, but in other places, particularly in facilities, belonging to religious organizations by the right of ownership, or provided to them based on other property right to carry out their statutory activity, and also in the living facilities. Reinforcement of such opportunity corresponds to living facilities’ purpose not only to satisfy material needs of citizens but their spiritual interests as well, as an integral part of personal development and perfection, including spiritual needs of believers, realized based on their freedom of faith, provided that the living facility is used with reference to maintaining the rights and lawful interests of persons living there, neighbors, following fire safety requirements, sanitary and hygienic, ecological and other requirements, and also considering the rules of facility use, approved by the federal executive body authorized by the Government of the Russian Federation (part 4 article 17 of the Housing Code of the Russian Federation).
2. Prohibitions in carrying out missionary activity
The Law on freedom of conscience also contains a number of prohibitions in carrying out missionary activity.
Religious association activity on promotion of its confessional information is prohibited in facilities, buildings and constructions, belonging to another religious association, and also on the land property, where such buildings and constructions are located, without written consent of the corresponding religious association’s governing body.
Missionary activity carried out on behalf of religious association is prohibited if its purposes and actions contradict the law, including the case when organization is liquidated by decision of the court or if its activity is put on hold or forbidden in order and according to the reasons provided for in the present Federal law, Federal law N 114-FL of 25 July 2002 "On counteraction of extremist activity” or by Federal law N 35-FL of 6 March 2006 "On counteraction of terrorism", and also if it is carried out by physical persons, listed in clauses 3 and 4 of article 9 of the Law on freedom of conscience.
It is prohibited to carry out missionary activity it its purposes and actions are directed at:
- Disturbance of social security and social order;
- Exercising extremist activity;
- Forcing to fragmentation of a family;
- Trespassing to the person, rights and freedoms of citizens;
- Causing damage to morality, health of citizens, confirmed in accordance to the law, including using addictive and psychotropic substances, hypnosis or lewd or other unlawful acts in religious activity;
- Inducement to suicide or rejection of medical help based on religious reasons of persons in a state dangerous to their life and health;
- Hindering to getting compulsory education;
- Forcing members and followers of religious association and other persons to alienation of their property on behalf of religious association;
- Preventing a citizen from quitting religious association by threats of harm to their life, health or property, if there is a danger of its real carrying out, or by using forcible or other unlawful actions;
- Agitation of citizens to refuse performing their civil obligations established by law, or to commit other unlawful actions.
3. Order of carrying out missionary activity
The order of carrying out missionary activity is regulated by article 24.2 of the Law on freedom of conscience.
Citizens carrying out missionary activity on behalf of religious group must have a religious group general meeting’s decision to confer corresponding powers to them, with record details of written confirmation of reception and registration of notification on establishment and commencement of this religious group’s activity, issued by territorial organ of federal state registration body.
Missionary activity on behalf of religious organization can be carried out by the head of religious organization, a member of its collegiate body and (or) a minister of this religious organization.
Other citizens and legal entities have a right to carry out missionary activity on behalf of religious organization if they have a document, issued by the religious organization’s governing body, confirming their power to carry out missionary activity on behalf of religious organization. This document must contain record details, confirming the fact that this religious organization was added to Unified State Registry of Legal Entities, issued by state registration federal body or its territorial organ.
The present rules do not cover missionary activity carried out in places, specified by clause 2 article 24.1 of the Law on freedom of conscience, i.e., in places where in can be carried out without encumbrance.
4. Foreign citizens right to carry out missionary activity
Foreign citizens and stateless persons, legally residing within the territory of the Russian Federation, have right to carry out missionary activity:
- On behalf of religious group – but only within the territory of a subject of the Russian Federation, where the territorial organ of federal state registration body is situated, which issued written confirmation of receiving and registration of notification on establishment and activity commencement of this religious group, provided there is a document confirming power to carry out missionary activity on behalf of this religious group;
- On behalf of religious organization – only within the territory of subject or subjects of the Russian Federation according to territorial circle of actions of this religious organization, provided there is a document, confirming power to carry out missionary activity on behalf of this religious organization.
Foreign citizens, who entered the territory of the Russian Federation by invitation from religious organization in accordance to the article 20 of the Law on freedom of conscience, have right to carry out missionary activity only on behalf of this religious organization, within the territory of the subject of the Russian Federation according to territorial circle of actions of this religious organization, provided there is a document, confirming power to carry out missionary activity on behalf of this religious organization.