Section II. Status of Government Respect for Religious Freedom
The constitution stipulates the state is secular and provides for religious freedom, guaranteeing the right to freedom of conscience and to freedom of religious worship, including the right to “profess, individually or jointly with others, any religion, or to profess no religion.” It guarantees the right of citizens “to freely choose, possess, and disseminate religious or other beliefs, and to act in conformity with them” and guarantees equality of rights and liberties regardless of attitude to religion. The constitution also bans any limitations of human rights on religious grounds and prohibits actions inciting religious hatred and strife. The constitution 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 contribution” of Russian Orthodox Christianity to the country’s history as well as the establishment and development of the country’s spirituality and culture.
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 participate or not participate in worship, other religious ceremonies, the activities of a religious association, or religious instruction.
The law states those who violate religious freedom 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 fines of up to 200,000 rubles ($3,300) or 500,000 rubles ($8,200), depending upon which code governs the offense.
Incitement of “religious discord” is punishable by up to four years in prison. Under the criminal code, maximum fines and prison sentences for “actions directed to incite hatred or enmity” may be punished by fines of 300,000 to 500,000 rubles ($4,900 to $8,200), compulsory labor for up to four years, or imprisonment for up to five years. If these actions are committed with violence, by a person with official status (a term which applies to anyone working for the government or state-owned entities, as well as people in management roles at commercial or nongovernment entities), or by a group of individuals, the punishment is 300,000 to 600,000 rubles ($4,900 to $9,800), compulsory labor for up to five years, or imprisonment for up to six years.
The law criminalizes offending the religious feelings of believers; actions “in public demonstrating clear disrespect for society and committed with the intent to insult the religious feelings of believers” are subject to fines of up to 300,000 rubles ($4,900), 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 ($8,200), compulsory labor for up to three years, or a prison sentence of up to three years.
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 extremism, including incitement to “religious discord” and “assistance to extremism,” but the law does not precisely define extremism or require an activity include an element of violence or hatred to be classified as extremism.
Being a member of a banned religious association designated as extremist is punishable by up to six years in prison for individuals and up to 12 years for persons with official status. First time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes.
Local laws in the regions of Kabardino-Balkaria and Dagestan ban “extremist Islamic Wahhabism.”
The law creates three categories of religious associations with different levels of legal status and privileges: groups, local organizations, and centralized organizations. 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 public security.
The “religious group” is the most basic unit and does not require state registration; however, when a group first starts its activities, it must notify authorities in the “location of the religious group activity,” typically the regional Ministry of Justice (MOJ) office. A religious group has the right to conduct worship services and rituals (but the law does not specify where or how) and to teach religion to its members. 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. Individual members of a group may invite foreigners as personal guests to engage in religious instruction, and may import religious material. According to the law, a religious group may use property bought for the group’s use by its members, or residential property owned or rented by its members, or public spaces rented by its members, to hold services.
A “local religious organization” (LRO) may register if it has at least 10 citizen members who are 18 or older and are permanent local residents. Since amendments to the law in 2015, there is no longer a duration of residency requirement, previously set at 15 years by the law, for LROs 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.
“Centralized religious organizations” (CRO) may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination. In addition to having the same legal rights as LROs, centralized organizations also have the right to open new LROs without a waiting period.
Registration of an LRO or CRO requires an association provide the following: a list of the organization’s founders and governing body, with addresses and passport information; the organization’s charter; the minutes of the founding meeting; certification from the central religious organization (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes towards family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and a charter or registration papers of the governing body in the case of organizations whose main offices are located abroad. The law imposes reporting requirements on centralized organizations and LROs receiving funding from abroad. Organizations are required to report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use any funds or property obtained through foreign funding. Reports are annual by default, but the MOJ may require additional ad hoc reports.
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. Foreign religious organizations able to obtain the required number of local adherents may register as local religious organizations.
The government (the MOJ or the Prosecutor General’s Office) oversees a religious association’s compliance with the law and may review its financial and registration-related documents when conducting an inspection or investigation. The government may send representatives (with advance notice) 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 an association’s 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 which do not comply with reporting or other legal requirements.
The law allows the government to limit the places in which 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, lands, and facilities 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 Ministry of Defense chaplaincy 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 not enlisted or commissioned, but are classified as assistants to the commander. Chaplains are full-time employees of the Ministry of Defense, paid out of the defense budget. The program allows for chaplains from the four traditional religions only, and calls for at least 250 chaplains.
The Yarovaya Package, passed in July, amends the earlier Federal Law on the Freedom of Conscience and Religious Associations with regard to missionary activity, which the law defines 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 amended law, in order 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 authorizing the individual to share beliefs from a religious group or registered organization. This letter must be provided to the authorities and the individual must carry a copy of it. The law explicitly bans any beliefs from being shared in residential buildings without such documentation (unless in the form of a religious service, rite, and ceremony), or on another organization’s property without permission from that organization. Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.
Engaging in missionary activity prohibited by the amended law carries a fine of 5,000 to 50,000 rubles ($80 to $820) for individuals and 100,000 to 1,000,000 rubles ($1,640 to $16,400) for legal entities (which includes both LROs and CROs). Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 ($490 to $820) rubles and are subject to administrative deportation.
In April, prior to the passage of the Yarovaya Package, the Yamal regional government imposed restrictions on missionary activity, joining several other regional governments which passed similar restrictions on missionary activity within their territories in prior years.
Republics in the North Caucasus have varying policies on wearing the hijab in public schools. Hijabs are banned in public schools in Stavropol, while in Chechnya the law requires women to wear a hijab in all public spaces and buildings.
The law does not provide precise criteria on how written religious materials may be classified as extremist. 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 experts also may review religious materials for extremism.
Prosecutors may take material to a court and ask the court to declare it extremist, but materials introduced in court during the consideration of administrative, civil, or criminal cases may also be declared extremist sua sponte (i.e., of their own accord). 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 listed on the federal list of extremist materials. There is no legal procedure for removal from the list even if a court declares an item no longer classified as extremist, but lists are reviewed and re-issued on a regular basis and publications may be dropped from lists. The law makes it illegal to declare the key texts, or “holy books” of the four traditional religions to be 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 ($16 to$49), or 2,000 to 5,000 rubles ($33 to$82) for public officials, as well as the 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 ($1,640 to $16,400). Individuals who produce materials later deemed extremist are not to be punished retroactively but must cease production and distribution of those materials.
The law allows the transfer of 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 state property indefinitely. Amendments to the law enacted during the year prohibit the transfer of living quarters for religious use. Those amendments also prohibit the use of living quarters for missionary activity unless the activity is a part of a “religious service, rite, or ceremony.”
Religious education or civil ethics classes are compulsory in all secondary schools, public and private. 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. Amendments to the law, enacted in July 2015 based on a 2009 ruling of the European Court of Human Rights (ECHR) in a case brought by the Jehovah’s Witnesses, cancel the requirement for representatives of religious organizations to be licensed to conduct religious education activities in Sunday schools and home schooling. 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 dealing with religious freedom. The ombudsman may intercede on behalf of those who submit complaints, but may not compel other government bodies to act, and may not directly intervene in complaints not addressed to the government.
The law entitles individuals and organizations to take religious freedom cases to the ECHR in Strasbourg. 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 as far as possible. Legislation enacted in December 2015 allows the Constitutional Court to determine whether judgments by international and regional courts, including the ECHR, are consistent with the constitution.
There is compulsory military service for men, 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 an 80,000 ruble ($1,300) fine to six months in prison.
By law religious associations may not participate in political campaigns or the activity of political parties or movements, or provide material or other aid to political groups. This restriction applies to religious associations and not to their individual members.
The ROC and all members of the Public Chamber (a state institution made up of representatives of public associations) are granted the opportunity to review draft legislation pending before the State Duma on a case-by-case basis. No formal mechanism exists for permanent representation of religious organizations in the Public Chamber. Individuals may be invited into the Public Chamber from both traditional religions and minority denominations.
The law states foreigners or stateless individuals whose presence in the country is deemed “undesirable” are forbidden to become 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 government’s nonimmigrant visa rules allow foreign religious workers to spend no more than 90 of every 180 days in the country. The Yarovaya Package introduced changes to the type of visa for those coming to the country to perform missionary activity, requiring foreign nationals entering the country for the purpose of making religious contacts or performing professional religious activity to have a contract with a religious organization.
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.