Section II. Status of Government Respect for Religious Freedom
The constitution stipulates the state is secular and provides for religious freedom, freedom of conscience, and freedom of religious worship, including the right to “profess, individually or jointly with others, any religion, or to profess no religion.” It provides for the right of citizens “to freely choose, possess, and disseminate religious or other beliefs, and to act in conformity with them,” and it provides for equality of rights and liberties regardless of attitude toward religion. The constitution bans any limitation of human rights on religious grounds and prohibits actions inciting religious hatred and strife. It states all religious associations are equal and separate from the state. The law acknowledges Christianity, Islam, Judaism, and Buddhism as the country’s four “traditional” religions, constituting an inseparable part of the country’s historical heritage. The law recognizes the “special role” of Russian Orthodox Christianity in the country’s “history and the formation and development of its spirituality and culture.”
A 2020 constitutional amendment cites the ancestral history of the country and the “ideals and faith in God” passed on by those ancestors. The language is the only explicit reference to God in the constitution. According to a Constitutional Court ruling, the amendment’s reference to God does not contravene the secular nature of the government or undermine freedom of religion but only emphasizes the significant sociocultural role of religion in the formation and development of the nation.
The law states the government may restrict religious rights only to the degree necessary to protect the constitutional structure and security of the government; the morality, health, rights, and legal interests of persons; or the defense of the country. It is a violation of the law to force another person to disclose his or her opinion of a religion or to force them to participate or not participate in worship, other religious ceremonies, the activities of a religious association, or religious instruction.
The law states those who violate the law on freedom of conscience, religion, and religious associations will be “held liable under criminal, administrative, and other legislation.” The administrative code and the criminal code both punish obstruction of the right to freedom of conscience and belief with imprisonment of up to three years and/or fines of up to 500,000 rubles ($6,700) or 1,000,000 rubles ($13,300), depending upon which code governs the offense.
By law, officials may prohibit the activity of a religious association on grounds such as violating public order or engaging in “extremist activity.” The law criminalizes a broad spectrum of activities as extremist, including “assistance to extremism,” but it does not precisely define extremism or require that an activity include an element of violence or hatred to be classified as extremist.
Anti-extremism laws stipulate that speech or actions aimed at “inciting hatred or enmity” based on group affiliation (including religion) are punishable by administrative penalties for first-time offenses if the actions do not contain a criminal offense. These penalties include administrative arrests of up to 15 days or administrative fines of up to 20,000 rubles ($270) for individuals and up to 500,000 rubles ($6,700) for legal entities. Individuals are held criminally liable if they commit multiple offenses within a one-year period or for the first offense if they threaten to use violence or use their official position to incite hatred. The criminal penalties include fines up to 600,000 rubles ($8,000), compulsory labor for up to five years, or imprisonment for up to six years.
Participating in or organizing the activity of a banned religious organization designated as extremist is punishable by a fine of up to 800,000 rubles ($10,700) or imprisonment for a term of six to 10 years, with deprivation of the right to hold “certain positions” or engage in “certain activities” (not well specified but including a prohibition on running for public office) for up to 10 years and restrictions on freedom for a period of one to two years. These restrictions may include house arrest or constraints on travel within the country. For persons with “official status,” a term which applies to anyone working for the government or state-owned entities as well as to persons in management roles at commercial entities or NGOs, the prescribed prison term is seven to 12 years or a fine of up to 700,000 rubles ($9,300). First-time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes as defined by the law.
Antiterrorism laws authorize law enforcement agencies to regulate evangelism, requiring permits and restricting the locations in which faith-related information may be shared with others. These laws also allow security agencies to access private communications, which requires telecommunications companies to store all telephone conversations, text messages, videos, and picture messages for six months and make this data available to authorities.
The Supreme Court has banned the activities of several religious organizations on the grounds of “extremism” and “terrorism,” including a regional branch of Falun Gong, Jehovah’s Witnesses, Mejlis of the Crimean Tatars, Hizb ut-Tahrir; Nurdzhular (a Russification of the Turkish for “followers of Said Nursi”); Tablighi Jamaat; and the Fayzrakhmani Islamic community. These organizations are on the Federal List of Extremist Organizations and/or the Federal List of Terrorist Organizations. Designations as extremist or terrorist organizations may be appealed in court.
Local laws in several administrative regions, including the republics of Kabardino-Balkaria and Dagestan, ban “extremist Islamic Wahhabism” but do not define the term. Authorities impose administrative or criminal penalties (the former entail a maximum sentence of 15 days in prison, while sentences for the latter can be much longer) for violating these laws, in accordance with federal legislation.
By law, the government may designate an international religious-affiliated organization or foreign religious group “undesirable.” The designation allows the closure of foreign and international organizations on the grounds of “presenting a threat to the foundation of the constitutional order of the Russian Federation, the defense capability of the country or the security of the state.” The designation may also lead to fines or jail time for organization members. Religious organizations designated undesirable include seven Falun Gong-associated organizations (World Organization to Investigate the Persecution of Falun Gong; Coalition to Investigate the Persecution of Falun Gong in China; Global Mission to Rescue Persecuted Falun Gong Practitioners; Friends of Falun Gong; Doctors Against Forced Organ Harvesting; Dragon Springs Buddhist; and The European Falun Dafa Organization), World Institute of Scientology Enterprises International and the Church of Spiritual Technology (from the United States), the New Generation International Christian Movement and the New Generation Evangelical Christian Church (from Latvia), and the New Generation Spiritual Directorate of the Evangelist Christians and the New Generation International Biblical College (from Ukraine).
The law criminalizes “offending the feelings of religious believers,” including atheists and followers of “non-traditional religions.” Actions “in public demonstrating clear disrespect for society and committed with the intent to insult the feelings of religious believers” are subject to fines of up to 300,000 rubles ($4,000), compulsory labor for up to one year, or imprisonment for up to one year. If these actions are committed in places of worship, the punishment is a fine of up to 500,000 rubles ($6,700), compulsory labor for up to three years, or a prison sentence of up to three years.
The law creates three categories of religious associations, with different levels of legal status and privileges: “religious groups,” “local religious organizations” (LROs), and “centralized religious organizations” (CROs). Religious groups or organizations may be subject to legal dissolution or deprivation of legal status by a court decision on grounds including violations of standards set forth in the constitution or protection of public security.
A “religious group” is the most basic unit and does not require registration with the government. When a group first begins its activities, however, it must notify authorities, typically the regional Ministry of Justice (MOJ), of the location of its activity, its rites and ceremonies, and its leader(s) and members. A religious group may conduct worship services and rituals and teach religion to its members with requisite notification to authorities. It does not have legal status to open a bank account, own property, issue invitations to foreign guests, publish literature, receive tax benefits, or conduct worship services in prisons, state-owned hospitals, or the armed forces. To hold services, a religious group may use property bought by its members for the group’s use, residential property owned or rented by its members, or public spaces rented by its members.
An LRO may register with the MOJ if it has at least 10 citizen members who are 18 or older and are permanently residing in the region where the LRO applies to register. LROs have legal status and may open bank accounts, own property, issue invitation letters to foreign guests, publish literature, receive tax benefits, and conduct worship services in prisons, hospitals, and the armed forces. CROs may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination.
To register as an LRO or CRO, an association must provide the following: a list of the organization’s founders and governing body with addresses and “internal passport” data (the mandatory identity document for all citizens older than the age of 14 residing in the country); the organization’s charter; the minutes of the founding meeting; certification from the CRO (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes toward family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and the charter or registration papers of the governing body in the case of organizations whose main offices are located abroad. Authorities may deny registration for reasons including incorrect paperwork, failure to meet different administrative requirements, national security reasons, or placement on the list of extremist or terrorist organizations. Denial of registration may be appealed in court. By law, CROs and LROs receiving funding from abroad must report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use the foreign funds or property obtained through foreign funding. Reports are annual by default, but the MOJ may require additional ad hoc reports. LROs and CROs may invite foreign citizens to carry out professional religious activities. LROs and CROs may produce, acquire, export, import, and distribute religious literature in printed, audio, or video format, and “other religious items.”
The Expert Religious Studies Council, a committee established by the MOJ to advise it on religious groups, has wide powers to investigate religious organizations. Some of the council’s powers include reviewing organizations’ activities and literature and determining whether an organization is “extremist.” The law provides several examples of extremist activities, such as “incitement to violence,” but does not precisely define how organizations or religious materials may be classified as “extremist.” The council also advises the MOJ on the issue of granting religious organization status to a religious group.
Foreign religious organizations (those created outside of the country under foreign laws) have the right to open offices for representational purposes, either independently or as part of religious organizations previously established in the country, but they may not form or found their own religious organizations in the country and may not operate houses of worship.
The government (the MOJ or the Prosecutor General’s Office) oversees a religious organization’s compliance with the law and may review its financial and registration-related documents when conducting an inspection or investigation. With advance notice, the government may send representatives to attend a religious association’s events, conduct an annual review of compliance with the association’s mission statement on file with the government, and review its religious literature to decide whether the literature is extremist. The law contains ongoing reporting requirements on financial and economic activity, funding sources, and compliance with antiterrorist and anti-extremist legislation. The government may obtain a court order to close those associations that do not comply with reporting or other legal requirements.
The law allows the government to limit the places where prayer and public religious observance may be conducted without prior approval. LROs and CROs may conduct religious services and ceremonies without prior approval in buildings and facilities or on lands owned or rented by these associations, as well as in cemeteries, crematoria, places of pilgrimage, and living quarters. Baptism ceremonies in rivers and lakes, as well as services conducted in parks, open spaces, or courtyards, do not fall under this exemption. In these cases, LROs and CROs must seek government approval at least one week in advance and provide the government with the names of organizers and participants, as well as copies of any written materials to be used at the event.
A prime ministerial decree requires religious organizations to conform to specific counterterrorism measures to qualify for safety permits for their real property. Among other requirements, all facilities must be guarded during services by members of public organizations. Facilities with maximum building occupancy limits between 500 and 1,000 must have “panic buttons” and video surveillance systems. Buildings with occupancy limits of more than 1,000 must be guarded by private security guards or National Guard personnel. Religious groups are responsible for defraying the costs of these measures. The penalty for noncompliance is a fine of up to 100,000 rubles ($1,300).
The Ministry of Defense chaplaincy program only allows for chaplains representing the four traditional religions, and the program requires members of a religious group to comprise at least 10 percent of a military unit before an official chaplain of that group is appointed. Chaplains are neither enlisted nor commissioned but are classified as assistants to the commander. Chaplains are full-time employees of the Ministry of Defense, paid from the defense budget. There are more than 120 chaplains in the program.
Federal law defines “missionary activity” as the sharing of one’s beliefs with persons of another faith or nonbelievers with the aim of involving these individuals in the “structure” of the religious association. According to the law, to share beliefs outside of officially sanctioned sites (which include buildings owned by a religious organization, buildings whose owners have given permission for activities to take place, pilgrimage destinations, cemeteries and crematoria, and indoor spaces of educational organizations historically used for religious ceremonies), an individual must have a document from a religious group or registered organization authorizing him or her to share beliefs. The law explicitly prohibits any beliefs being shared on another organization’s property without permission from that organization. It also prohibits missionary activity in residential buildings and the rezoning of any building from residential to nonresidential for the purpose of conducting religious activities. Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.
Violations of the law regulating missionary activity may be punished by a fine of 5,000 to 50,000 rubles ($67-$670) for individuals and 100,000 to 1,000,000 rubles ($1,300-$13,000) for legal entities, which includes LROs and CROs. Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 rubles ($400-$670) and are subject to deportation.
Within the MOJ, the Scientific Advisory Board reviews religious materials for extremism. Composed of academics and representatives of the four traditional religions, the board reviews materials referred to it by judicial or law enforcement authorities, private citizens, or organizations. If the board identifies material as extremist, it issues a nonbinding advisory opinion, which is then published on the MOJ website and forwarded to the prosecutor’s office for further investigation. In addition to the Scientific Advisory Board, regional board experts also may review religious materials for extremist content.
Prosecutors may take material to a court and ask the court to declare it extremist, but a court may declare extremist, on its own accord, materials introduced during the consideration of administrative, civil, or criminal cases. By law, publications declared extremist by a federal court are automatically added to the federal list of extremist materials. Courts may order internet service providers to block access to websites containing materials included on the federal list of extremist materials. Courts review and reissue lists on a regular basis. If the courts determine the material is no longer “extremist,” the MOJ is required to remove the material from the lists within 30 days. Very rarely, in response to a legal challenge, courts may also reverse a decision to list a material as extremist. The law makes it illegal to declare the key texts (holy books) of the four traditional religions in their “original languages” – Old and New Testaments of the Bible, Quran, and Tibetan Buddhist Kangyur (Kanjur) – to be extremist. The law does not define what constitutes an original language nor does it specify that foreign-language translations of these texts may not be declared extremist.
According to the administrative code, mass distribution, production, and possession with the aim of mass distribution of extremist materials by private individuals may result in 15 days’ imprisonment or a fine of 1,000 to 3,000 rubles ($13-$40), or 2,000 to 5,000 rubles ($27-$67) for public officials, as well as confiscation of these materials. Courts may suspend for 90 days the operations of legal entities found to be in possession of extremist materials and fine them 100,000 to 1,000,000 rubles ($1,300-$13,300). Individuals who produce materials later deemed extremist may not be punished retroactively but must cease production and distribution of those materials.
On October 3, amendments to the law came into force formally prohibiting certain individuals from leading or participating in a group of believers. The law prohibits individuals suspected of financing terrorism, or whose actions have been deemed extremist by a court, to lead or take part in religious groups. The amendments also impose extra training and recertification requirements on clergy, religious teachers, and missionaries who have been trained abroad. Such personnel must take part in a course in “state-confessional relations in the Russian Federation” and be recertified by a CRO.
The law allows the transfer of state and municipal property of religious significance to religious organizations, including land, buildings, and movable property. The law grants religious organizations using state historical property for religious purposes the right to use such property indefinitely. The law prohibits the transfer of living quarters for religious use and the use of living quarters for missionary activity, unless the activity is a part of a “religious service, rite, or ceremony.”
The law allows religious organizations to use buildings that were not originally authorized for religious purposes if they are part of a property that serves a religious purpose. The law allows, for example, a group to establish a Sunday school in a warehouse on the property of a church. If such a structure does not meet legal requirements or is not brought into legal compliance by submitting proper paperwork by 2030, it will be demolished.
Religious education or civil ethics classes are compulsory in all public and private secondary schools. Students may choose to take a course on one of the four traditional religions, a general world religions course, or a secular ethics course. Regional and municipal departments of education oversee this curriculum at the local level in accordance with their capacity to offer the courses and according to the religious makeup of the given location. There is no requirement for representatives of religious organizations to be licensed to conduct religious education in schools affiliated with a religious organization or in-home schools. Religious instructors in any other state or private school must be licensed to teach religious courses.
The Office of the Director of Religious Issues within the Office of the Federal Human Rights Ombudsman handles complaints about the government’s actions on religious freedom. The ombudsman may intercede on behalf of those who submit complaints; however, the ombudsman may not compel other government bodies to act or intervene in complaints not addressed to the government.
The law entitles individuals and organizations to take religious freedom cases to the European Court of Human Rights (ECHR) in Strasbourg, France. The state must pay compensation to a person whose rights were violated as determined by the ECHR and ensure his or her rights are restored to the extent possible. The Constitutional Court determines whether judgments by international and regional courts, including the ECHR, are consistent with the constitution.
Military service for men between the ages of 18 and 27 is compulsory, but the constitution provides for alternative service for those who refuse to bear arms for reasons of conscience, including religious belief. The standard military service period is 12 months, while alternative service is 18 months in a Ministry of Defense agency or 21 months in a nondefense agency. Failure to perform alternative service is punishable under the criminal code, with penalties ranging from a fine of 80,000 rubles ($1,100) to six months in prison.
By law, LROs and CROs may not participate in political campaigns or the activities of political parties or movements or provide material or other aid to political groups. This restriction applies to religious organizations but not to their individual members.
Both the ROC and all members of the Civic Chamber, a state institution composed of representatives of public associations, are granted the opportunity to review draft legislation pending before the State Duma, the lower house of parliament, on a case-by-case basis. No formal mechanism exists for permanent representation of religious organizations in the Civic Chamber, as the chamber convenes for three-year terms. Individuals from traditional religions and other religious groups may be selected to serve in the chamber for a term, either in the initial selection of 40 representatives by the President of the Russian Federation or in one of the subsequent rounds of selection, where existing chamber members choose an additional 128 representatives representing national and regional civil society groups. By law, a member of an organization that had been accused of extremism may not serve in the Civic Chamber.
The law states foreigners or stateless individuals whose presence in the country the government deems “undesirable” are forbidden from becoming founders, members, or active participants in the activities of religious organizations. The same is true for individuals whose activities are deemed extremist by the courts or who are subject to prosecution under the law on combating money laundering and the financing of terrorism. The law restricts any foreign national or stateless person from entering the country if he or she “participates in the activities of the organizations included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism.”
Foreigners engaging in religious work require a contract with a legally registered religious organization and a work visa. Religious work is not permitted on “humanities visas,” which allow foreigners to enter the country to strengthen academic or cultural ties or take part in charitable work. There are no missionary visas.
The law grants religious organizations the exclusive right to manage pilgrimage activities.
Under the criminal code, an individual convicted of committing an act of vandalism motivated by religious hatred or enmity may be sentenced to up to three years of compulsory labor or prison.
The country is a party to the International Covenant on Civil and Political Rights.