CONSTITUTIONAL COURT DOES NOT PROTECT
ANONYMITY OF
RELIGIOUS MEETINGS
Religious organizations wishing to
introduce changes
into their charter must provide a list of members voting for
this decision.
This norm was confirmed by the Constitutional Court of Russia.
Today it became known that it turned
down an appeal of
the "Nazareth" Church of Evangelical Christians from Tatarstan
that
considers this rule unconstitutional. The plaintiff tried to
prove that it
forcibly compels believers to disclose their religious
convictions and violates
freedom of conscience and religious assemblies.
Supporters of "Nazareth," according to
the
materials of the Constitutional Court, conducted a meeting in
2014 in order to
change its foundational documents. The regional division of the
Ministry of
Justice refused to confirm this decision. The bureaucrats
declared that the
evangelicals had not provided a protocol with a list of all
participants in the
meeting, as is required by article 181.2 of the Civil Code
("Adoption of
decisions of a meeting"). Subsequently this position was also
taken by
courts.
It was the Civil Code that religious
activists tried
to challenge in the Constitutional Court. In dismissing the
appeal the court
explained that the law aims "for the best protection of the
legal
interests of all members of the legal civil community," and the
absence of
a list "does not imply an unconditional conclusion of the
nullity" of
the decision of the organization.
The judges also emphasized that the law
"does not
foresee" the possibility of disclosure of the personal
information to
third persons. "It only establishes the form of reporting this
information."
As a result, the Civil Code remains in force and the "Nazareth" church is denied the possibility of further challenges in courts to the actions of the Ministry of Justice. (tr. by PDS, posted 15 August 2016)
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