Lauren B. Homer
Anticipating a new Russian law on religion, church and state specialists call for a legal structure that, while increasing legal order, will maintain religious freedom for all confessions.
The International Conference on Legislation of Freedom of Conscience and Problems of Legal Regulation of Religious Organizations, held in Moscow 12-13 January 1995, provided a forum for religious workers to express their perspectives to legislators on the drafting of new laws on religion in Russia. Sponsored by Moscow's Christian Legal Center and the Institute on Law and Religion, with assistance from Russian and Western religious organizations, the conference attracted over 100 participants from the Duma, Yeltsin's offices, various state ministries, independent research institutes, religious organizations of all faiths, and Russian and Western legal experts. Representatives of Orthodox, Catholic, Protestant, Muslim, and Jewish faiths attended.
At the conference, the parliamentarian most identified with proposed 1993 restrictions on foreign religious organizations, Fr. Vyacheslav S. Polosin, stated that the Orthodox Church should join with and learn from its brethren outside Russia in order to fight the common enemy--a corrupt and unbelieving generation. Polosin maintained that competition from foreign groups will help Orthodoxy move from a pre-1917 Byzantine model of ministry toward more contemporary approaches to evangelism.
Fr. Vsevolod Chaplain, head of the Moscow Patriarchate's Department of External Relations, stated that the Orthodox Church had determined that it was better to "be in agreement with" other Christian denominations than to seek to exclude them from Russia. He cited problems of mutual concern stemming from Russian society's move toward secularism, immorality, and non-Christian cults and the fact that 80-90 percent of the population consists of unbelievers. Though not representative of all leaders within the Moscow Patriarchate, Fr. Chaplain's comments reveal at least the potential opportunity for healing of rifts between Eastern and Western churches.
The conference took place in the context of ongoing debate in the Duma and among religious leaders on the need for a new law to replace the current 1990 law. Some support significant changes while others argue in favor of the current law. The latter fear radical and unpredictable revision when the matter goes to the floor of the Duma for debate. Though draft laws were to be kept confidential, parliamentarians have leaked various proposals. In particular, a November 1994 draft circulated widely in Russia and among Western legal experts. An overview and critique of its proposed changes follows.
General Provisions
The 1994 draft retains many strong provisions protecting freedom of conscience, equality of believers and religious organizations, and separation of church and state. It retains the right of any group of ten or more citizens to establish a religious organization (Arts. 3-5, 7, 10-13), and to operate with or without registration (Art. 11.2). Rights provided in the 1990 law that have been deleted in the 1994 draft include the right to change religious beliefs, to leave one religious group and join another, and to possess religious literature and sacramental objects. It also deletes prohibitions against the creation of state executive bodies to regulate religious activities.
Definition and Rights of Religious Organizations
Under the 1994 draft only denominations or churches would qualify as religious organizations. Parachurch and charitable organizations would have to register as subsidiaries of religious organizations, as public associations, or as charities under laws not yet enacted. This change would require reregistration for many groups and would also discourage interdenominational activities. Religious organizations would have the exclusive right to publish religious (liturgical and theological) literature and to manufacture religious articles (Art. 19.2). Only registered religious organizations could establish educational institutions to teach religion (Arts. 8, 21), sponsor foreign religious organizations, involve such organizations and foreign religious workers in their activities (Art. 15), and issue visa invitations to foreign professional religious workers (Arts. 15, 22).
Activities of "Nontraditional" Religions
The activities of destructive and "totalitarian" religious cults, such as the White Brotherhood, and of groups masquerading as religions in order to obtain tax exemptions, are addressed by Article 4 of the 1994 draft. It specifically prohibits religious organizations that insult other religions or violate public order. Most Russians at the January 1995 conference felt that trying to use general legislation to address these problems would not work and that the provisions would result in arbitrary application to unpopular groups. Conference participants discussed the need for adequate administrative or judicial review of decisions to ban organizations, and for new procedures to deal with abuses of tax-exempt status.
Religious Instruction in Schools and Orphanages
The 1994 draft deletes the current rights of children in preschools, orphanages, and boarding schools to participate in religious services and restricts religious education to the nonpublic sphere. Public schools would only make their premises available for use by registered religious organizations "on the request and in accordance with the religious choice of parents ... [and with the] consent of children" (Art. 8.4). Only registered religious organizations could operate educational institutions and would have the exclusive right to establish institutions for professional religious training (Arts. 8, 21). Currently, independent and interdenominational religious schools and seminaries may function.
The Military
The 1994 draft deletes the 1990 law's conveyance of a right for military personnel to participate in religious services. It speaks of a right to substitute civil for military service, but otherwise avoids the contentious issue of conscientious objection (Art. 6).
Rights of Noncitizens and Foreign Religious Organizations
Under the 1994 draft only citizens have the right to establish religious organizations (Arts. 10-13). "Foreign nationals and stateless persons" may exercise the right to freedom of conscience and religion only "according to their legal status of residence" in Russia (Art. 9). In contrast, under the 1990 law and Article 28 of the Constitution, noncitizens have the same rights as citizens to freedom of conscience and to form religious organizations. According to the 1994 draft, foreign "professional religious workers" may visit Russia only upon invitation of registered religious organizations and in accordance with governmental procedures not described in the law (Art. 22). Furthermore, representatives of foreign religious organizations and foreign religious workers may be involved in "any public religious activity ... only at the invitation and under the authority of" a registered Russian religious organization (Art. 15.3). This provision likely would curtail street evangelism and independent media broadcasts by unregistered visitors. This same Article 15 would permit registration of foreign religious organizations only under the auspices of a registered Russian religious organization. Representatives would have to be accredited by the government, in a manner not stated in the draft law. Accreditation would be denied for organizations violating Articles 4 (prohibited religious activities) or 10 (requirement of legal "recognition" by a foreign country). Foreign organizations may also form as "divisions" of existing Russian religious organizations, provided that they have at least 10 Russian founders. The term "foreign religious organization" would be limited to groups seeking to operate in Russia through a foreign legal structure and would not apply to indigenous religious organizations registered by the Ministry of Justice which have religious centers abroad, such as Catholic or Protestant churches.
Alexander Kudriavtsev, head of the Department for Registration of Religious Organizations, commented that many foreign groups operating in Russia "forget that they have to obey the law." He noted that while a directory produced by the Christian Resource Center listed approximately 400 Western Christian organizations operating in Russia, only 32 foreign organizations are registered with the Ministry of Justice. [Editors' note: The East-West Christian Organizations Directory is available from the EWC&M Report office.] The new law would make registration mandatory, which is not required at present.
What Next?
In light of criticisms of the 1994 draft and other more pressing legislative matters, Duma members and their legal advisors concede that it will take considerable time to prepare a new draft. Even before the Russian government passes such a law, religious workers need to be prepared for incremental changes by decree and administrative actions. The Consultative Committee to the Parliament was reinstituted on 20 January 1995, under the leadership of Valery A. Alekseev, chief assistant to the chairman of the Duma. This committee will provide commentary to the Ministry of Justice on the beliefs of and the desirability of registration for foreign and "nontraditional" religious organizations. 
Lauren B. Homer is president of Law and Liberty Trust, and chair of the International Law Group, 7002 Little River Turnpike, Ste. E, Annandale, VA 22003; tel: 703-256-2000; fax: 703-642-3841; e-mail:
Lauren B. Homer, "Latest Legal Developments Affecting Religion in Russia," East-West Church & Ministry Report, 3 (Winter 1995), 1-4.
