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RUSSIAN FEDERATIONLaw and Religion Framework Overview

(Last Updated June 2014)

The following document is part of an ongoing effort to identify the government framework for addressing religious issues and religious organizations in all major countries.  It is intended to provide an overview, not an in-depth analysis. Our researchers strive to be as complete and accurate as possible; however, the document is a work in progress. Accordingly, we request that you use the Feedback button at the top of your screen to provide us with corrections, additional relevant information or other areas you would like to see addressed.

I. INTRODUCTION

This memorandum is an overview of the government institutions that establish religious policy in the Russian Federation. Included is a brief description and organizational charts of the relevant agencies at the national and local levels.

II. RELIGIOUS CONTEXT OF RUSSIA

Russia does not declare an official state religion1. Approximately 143 million people live in Russia,2 with almost 100 million of those people identifying themselves as Russian Orthodox Christians. However, only 5% (about 7 million) of Orthodox Christians in Russians consider themselves observant. Minority religions include Islam, other Christian religions, Buddhism, and Judaism.3 4

The government of Russia unevenly respects the right to religious freedom5. Restrictions on foreign or minority religious organizations give preferential treatment to other religious groups. Restrictions on religious freedom generally fall into four categories: registration of religious organizations; access to places of worship (including access to land and building permits); visas for foreign religious personnel; and government raids on religious organizations and detentions of individuals. Through these measures, the Government offices and ministries described below can inhibit the growth of new/foreign religions6.

The Russian Orthodox Church (ROC) is a powerful political actor. As the largest denomination, it plays a significant role in determining policy. For example, “[i]n July 2009 United Russia and Patriarch Kirill announced an agreement allowing the ROC to review all draft

1 Constitution of Russia 14.1 (English Version)— http://www.constitution.ru/en/10003000-02.htm2 Russian Census of 2010. Federal State Statistics Service of Russia-- http://www.gks.ru/bgd/regl/b13_12/IssWWW.exe/stg/d01/5-01.htm 3 CIA World Factbook. Russia--https://www.cia.gov/library/publications/the-world-factbook/geos/rs.html4 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/#wrapper5 Freedom House—Civil Liberties Score = 5.5 out of 7 (One being completely free)— http://www.freedomhouse.org/report/freedom-world/2014/russia-0#.U370M3J_tu06 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/#wrapperDN03/02/12DraftVersion4

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legislation pending before the State Duma.”7 Political leaders often use the ROC to bolster citizen confidence in a bill or during elections.

During Vladimir Putin’s first presidency, many voiced concerns over his relationship with the ROC. While serving as Prime Minister, Putin maintained this privileged affiliation with the ROC, and this relationship continues into his third term. In 2010, Putin announced that the government would help provide two billion rubles ($64 million) to restore ROC holy sites, monasteries, and churches destroyed by the Soviet government. The ROC also received some property previously deeded to other religious groups.8The relationship between the government and the ROC is often criticized. However, there is little that can be done to prevent such relationships.

Elections often re-confirm a close bond between political elites and religious organizations. For example, during his 2012 presidential bid Putin met with a group of leaders of denominations that included traditional Russian religions such as the ROC, Muslims, Jews and Buddhists as well as non-traditional groups such as Pentecostals and Adventists. During the meeting, all participants of the meeting openly expressed their full support for Putin.9

III. CONSTITUTIONAL PROVISIONS AND ORDINANCES ON RELIGION

Religious freedom is explicitly called for in the Constitution of Russia10. Religious freedom is a basic human right the state is obligated to defend. For example, Article 28 states that

“Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with other any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views and act according to them.”

Article 14 provides:

“The Russian Federation is a secular state. No religion may be established as a state or obligatory one.

“Religious associations shall be separated from the State and shall be equal before the law.”

Article 19 affirms:“The State shall guarantee the equality of rights and freedoms of man and citizen, regardless

of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned.”

Article 29 states:

Everyone shall be guaranteed the freedom of ideas and speech.

7 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/#wrapper8 US State Department Report, 2010 - http://www.state.gov/documents/organization/171717.pdf9 The Christian Post -- http://global.christianpost.com/news/russian-orthodox-patriarch-calls-putins-reign-a-miracle-of-god-69575/10 Constitution of Russia (English Version)— http:// http://www.constitution-ru.com/en/10003000-01.htmDN03/02/12DraftVersion4

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The propaganda or agitation instigating social, racial, national or religious hatred and strife shall not be allowed. The propaganda of social, racial, national, religious or linguistic supremacy shall be banned.

Article 45 provides:

State protection of the rights and freedoms of man and citizen shall be guaranteed in the Russian Federation.

And, Article 46 further affirms the State’s guarantee of the fundamental rights and freedoms of it citizens:

Everyone shall be guaranteed judicial protection of his rights and freedoms.

The Constitution also calls for the same basic human rights established in the Universal Declaration of Human Rights (created in 1948)11. The Constitution specifically explains the relationship between state and religious organizations. The State is obligated to work equally with religious organizations and is to promote the basic religious freedoms of each individual.

Laws Affecting the Freedom of Religion

In 1997, Russia passed the Law on Freedom of Conscience and Religious Associations12. This 1997 Law gives the State power to regulate religious organizations, and thereby religious freedom. While much of this law simply clarifies the Constitution, it also works to establish definitions of religious organizations, groups and associations. The amount of freedom a religion enjoys is dependent on its status, as set forth by these definitions. By having different requirements to obtain a certain status level, the government has the power to legally discriminate against new/foreign religions. The 1997 Law recognizes the special role of Russian Orthodoxy in the history of Russian and in the establishment and development of its spirituality and culture.

A law passed in 2002 designed to combat “extremist activities” is a common basis for government action against unpopular or minority religious groups as well.13 If the government deems an activity to be “extreme” (usually a local prosecutor’s office makes this determination), a warning is issued to the organization or individual accused of extremism. The accused party must then either cease that activity or face penalties ranging from fines to imprisonment or the dissolution of an organization.14 An accused party may challenge a warning in court, but the activity in question may be suspended for as long as six months while the matter is before a court.15 If the accused party persists in its alleged extremist activity while its case is before a court, the accused may be subject to administrative penalties such as fines or sanctions as well.16 If the accused does not comply with the warning twelve months after it is issued, or if the warning is upheld in court, its activities may be banned, publications confiscated and prohibited, related national or local organizations may be liquidated, and related individuals imprisoned.17 11 Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/index.shtml12 1997 Law on Freedom of Conscience and Religious Associations (English Version)—http://www2.stetson.edu/~psteeves/relnews/freedomofconscienceeng.html13 CIS-legislation.com - http://cis-legislation.com/document.fwx?rgn=312214 The Institute on Religion and Public Policy, Analysis on Russia’s New “Extremist Activity Law,” 2012 - http://www.religionandpolicy.org/reports/the-institute-country-reports-and-legislative-analysis/europe-and-eurasia/russia/analysis-on-russia-s-new-extremist-activity-law-2012/#_ftn215 Id.16 Id. 17 Id. DN03/02/12DraftVersion4

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In 2012 the Venice Commission, an advisory body to the Council of Europe on Constitutional law, published an opinion on Russia’s extremist law and found that key terms like “extremist” or “extremism” are defined “too broad[ly], lack[ed] clarity, and could invite… arbitrary application through different interpretations,” and that the law links violent and non-violent activities in the same categories of conduct contrary to international standards.18 The Venice Commission further noted that the law’s vagueness allowed for “religious censorship and suppression” of unpopular or minority religions.19

The extremist law also faces criticism because it over-relies on expert testimony.20 Rather than relying on legal determinations, expert testimony in “extremism” cases often receives determinative consideration. Such testimony can be inconsistent, however. For example, one provincial prosecution of a Jehovah’s Witness publication relied heavily on expert testimony that it was “extreme,” while similar experts in different provinces examining the same material came to the opposite conclusion.21 The objectivity of expert testimony is questioned at times as well.22

Since its adoption in 2002, the extremist law has been the primary vehicle for the prosecution of unpopular and minority religion, likely because of its over-broad scope. Other than those recognized by the government, Muslim groups, especially those espousing the teachings of Said Nursi, are often prosecuted under the extremist law.23 However, Muslim-majority regions such as Chechnya and Dagestan are exceptions to that regard.24 Jehovah’s Witnesses, Hare Krishna, and Protestant throughout Russia groups have experienced similar legal difficulties under the extremist law.25

In July of 2012, President Vladimir Putin signed a law on “foreign agents” that took effect in November of that year.26 This law reversed the trend set by a 2009 law easing restrictions on non-governmental organizations (NGOs) in Russia. The bill’s long title, “Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-Commercial Organizations Performing the Function of Foreign Agents,” accurately describes the new law as a series of amendments to prior laws governing NGO activity.27 While the law contains exceptions for religious organizations, 28denominations throughout Russia experienced increased pressure from subsequent government inspections meant to ensure compliance with the new “foreign agent” law.29 For example, a Catholic priest in Novocherkassk received a 450,000 ruble (USD 15,000) fine for fire code violations in his church after an inspection related to the 2012 NGO statute.30 Religious organizations throughout Russia, with the exception of the Russian Orthodox Church, have experienced similar inspections and

18 Venice Commission opinion on Russian extremism law, 2012 - http://www.europarl.europa.eu/meetdocs/2009_2014/documents/d-ru/dv/dru_2012_0710_06_/dru_2012_0710_06_en.pdf19 Id. 20 The Institute on Religion and Public Policy, 2012 - http://www.religionandpolicy.org/reports/the-institute-country-reports-and-legislative-analysis/europe-and-eurasia/russia/analysis-on-russia-s-new-extremist-activity-law-2012/21 Id. 22 Id. 23 U.S. Commission on International Religious Freedom, 2012 report - http://www.uscirf.gov/sites/default/files/resources/2012ARChapters/russia%202012.pdf24 Id. 25 Id. 26 Freedom House-http://www.freedomhouse.org/report/contending-putins-russia/factsheet#.U4gee3J_tyU 27 Id.28 Council of Europe Report, 2012-http://www.coe.int/t/dg4/youth/Source/IG_Coop/Documents/Russia%202012%20NGO%20Law.pdf29 Asianews.it-http://www.coe.int/t/dg4/youth/Source/IG_Coop/Documents/Russia%202012%20NGO%20Law.pdf30 Id. DN03/02/12DraftVersion4

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government scrutiny.31 A law passed in May of 2014 holding websites with more than 3000 daily visitors accountable for the accuracy of their content, and for registering with the government indicates that the trend of state supervision over activities relating to the freedom of association is likely to continue.32

IV. RELIGIOUS POLICY MAKING -FEDERAL LEVEL The Constitution of the Russian Federation declares Russia to be a democratic federation with a republican form of government. Political power is divided among executive, legislative and judicial branches.

Executive Branch

Primary executive authority at the federal level is divided between the President of the Russian Federation and the Prime Minister, also called the Chairman of the Government. Those offices, insofar as they impact religious affairs, are briefly described as follows:

a) The President of the Russian Federation is the principal governing authority of the executive branch. The President works through the Presidential Administration (sometimes referred to as “Presidential Executive Office”), which comprises several departments and offices responsible for providing the President with administrative support in his capacity as head of state. Such responsibilities include drawing up legislative/normative acts (bills, orders, decrees, etc.), monitoring and controlling enforcement of federal law, and coordinating the President’s work with political parties and non-governmental organizations33. It should be noted that the Presidential Administration is not part of the Government, or Cabinet of Ministers, which is under the direction of the Prime Minister.

Of relevance to religious organizations, the Presidential Administration comprises the Presidential Domestic Policy Directorate The Domestic Policy Directorate (sometimes referred to as the Department of Interior Policies) and the Council on Cooperation with Religious Associations. The Domestic Policy Directorate is responsible for organization and interaction with religious organizations. It analyzes information on state-church relations, reports to the President and participates in drafting legislation34. It is administered by a department head. It should be borne in mind, however, that State Legal Department is the body responsible for drafting of bills in the Presidential Administration.

The Council on Cooperation with Religious Associations35 (sometimes referred to as the “Council for Coordination with Religious Organizations”) is a presidential consultative body. It meets periodically and is responsible for preliminary examination and drafting of proposals for the President with respect to relations between the President and religious organizations36 37. For example, at a recent Council meeting, agenda items included a discussion of Muslim pilgrimage issues and a report by a representative of the Ministry for Defense on introduction of military chaplains into the Russian Army. The Council is headed by an executive secretary and is composed of members of the Presidential Administration, secular academic specialists on religious affairs, and representatives of traditional and major non-traditional groups (Russian Orthodox, Muslim, Buddhist, Jewish, Pentecostals, and Adventists)38. 31 Id. 32 New York Times, May 6, 2014- http://www.nytimes.com/2014/05/07/world/europe/russia-quietly-tightens-reins-on-web-with-bloggers-law.html?_r=133 Official website of the President of Russian Federation--http://eng.state.kremlin.ru/administration/about34 Official website of the President of Russian Federation-- http://eng.state.kremlin.ru/administration/division35 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/#wrapper36 Official website of the President of Russian Federation-- http://eng.state.kremlin.ru/council37 Official website of the President of Russian Federation-- http://state.kremlin.ru/council/17/statute (Russian)38 Official website of the President of Russian Federation-- http://state.kremlin.ru/council/17/staff (Russian)DN03/02/12DraftVersion4

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The Council for Civil Society and Human rights, like the Council for Coordination with Religious Affairs, meets periodically to advise the President. Recently the Council met to discuss replacing the outgoing Human Rights Ombudsman. The Council generally includes the Human Rights Ombudsman, and its members are selected through “public discussions and internet voting.”39

Many of the Plenipotentiary Presidential Representatives (one in each of Federal Districts comprising Russia) include variously denominated sub-offices, typically within the Department of Interior Policies, that address religious and other social issues. For example, within the Central Federal District is a Public and Religious Associations Affairs Department which is administered by a department head. The responsibilities of these offices include analysis of the reasons for ethnic and inter-confessional problems, improvement of relations between state authorities and religious organizations, creation of a culture of interethnic and interfaith harmony, and the prevention of ethnic and religious tensions.

b) The Prime Minister determines operating priorities of the Cabinet of Ministers and organizes its operations. The Prime Minister chairs meetings of the Cabinet of Ministers, signs administrative orders, and submits to the President proposals on the structure of the federal executive bodies of, including appointment and dismissal of deputies and federal ministers, and the distribution of duties among the Cabinet of Ministers40.

Within the Cabinet of Ministers, there are two agencies that specifically deal with religious issues: (1) the Government Commission on Religious Organizations, which was established in 1994 to advise on issues arising from interaction between the state and religious organizations41; and (2) the Religious Associations Relations Unit – a part of the Culture and Education Department. The latter’s responsibilities include advising the Prime Minister, participating in development of policies pertaining to religious organizations, and providing support to the Commission for Affairs of Religious Associations.

The ministries42 within the Cabinet of Ministers regulating and influencing the operations of religious organizations include the following:

The Ministry of Justice , acting through the Religious Association Affairs Department, is the primary state agency responsible for registration and supervision of religious organizations. This is pursuant to federal statutes such as “On Religious Freedom and On Religious Associations” and “On Non-Profit Organizations”43. Throughout Russia the Ministry is represented by local departments of justice that have similar responsibilities and structure. Pursuant to statute, the Ministry of Justice makes decisions on state registration of religious organizations. It also oversees the operations of religious organizations to assure that they comply with the provisions of their charters, including the charter provisions establishing goals and procedures. The central Ministry apparatus decides questions regarding the registration of centralized or national religious organizations while local Ministry of Justice offices have the same responsibility for local religious organizations.44 As part of the process of state registration of religious

39 Meeting of the Council of Civil Society and Human Rights, Nov. 12, 2012 - http://eng.state.kremlin.ru/council/18/news/4613 40 Official website of the Prime Minister of Russian Federation-- http://premier.gov.ru/en/41 Official Commission website -- http://government.ru/department/140/42 Official website of the Prime Minister of Russian Federation-- http://premier.gov.ru/en/43 Official website of the Government of Russian Federation-- http://government.ru/en/department/99/44 Ministry of Justice Website (Russian)- http://minjust.ru/nko/gosreg/religioznye_organizaciiDN03/02/12DraftVersion4

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organizations the Ministry of Justice may initiate development of a “public religious expertise,” which is an official expert report described below. The Ministry of Justice periodically sends representatives to participate in events hosted by religious organizations45. It has authority to inspect and fine religious organizations and to initiate judicial liquidation proceedings for violation of law.

Registered religious organizations enjoy special rights, including the right to invite foreigners to engage in missionary and other religious activity, to publish literature, and to conduct worship services in prisons, in state owned hospitals, and among the armed forces. In order for a religious entity to become a registered local religious organization and possess all legal rights, it must register with the Ministry of Justice in the territory where it commences its activities. Two main requirements must be satisfied to qualify for registration at this level. First, the organization must consist of at least 10 adult citizens of the Russian Federation residing in that territory (city, town, etc.). Second, it must have existed in Russia for at least 15 years, unless the religious organization is affiliated with a centralized religious organization46. The Ministry of Justice also includes the Council of Experts for Conducting State Religious Studies Expert Analysis47. The Council of Experts has responsibility to determine the religious nature of an organization on the basis of its founding documents and information about its fundamental doctrines and practices. Minority religions and other social organizations have criticized the Council’s objectivity, stating that it lacks objectivity.48 The Ministry of Justice may elect at the time of state registration of newly established religious organization to ask for an expert report from the Council. This most often occurs when special doctrinal knowledge is deemed necessary. Based on that opinion the Ministry of Justice may either approve or deny registration. A chairman and deputy chairman head the Council of Experts.

The Ministry of Interior , acting through the Federal Migration Service on federal and local levels, is responsible for issuance of invitation letters for issuance of visas to foreigners to permit them to enter Russia for the purpose of engaging in missionary work and other religious activities. Letters of invitation are issued on the request of religious organizations. The Ministry of Foreign Affairs issues Russian visas only based on a valid invitation letter. The Federal Migration Service is also responsible for registering foreigners, including missionaries and other Church personnel, upon their arrival within Russia at their place of residence49. It is administrated by a department head and division heads.

The Ministry of Foreign Affairs issues visas to foreigners based on invitation letters through its consular offices throughout the world50. Its principal officials are the director of the Consular Department of the Ministry for Foreign Affairs, deputy department heads, and division heads.

45 Official website of the Russian Ministry of Justice-- http://minjust.ru/ru (Russian)46 1997 Law on Freedom of Conscience and Religious Associations (English Version)—http://www2.stetson.edu/~psteeves/relnews/freedomofconscienceeng.html47 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/#wrapper48 US State Department Report, 2010-http://www.state.gov/documents/organization/171717.pdf49 Official website of the Ministry of Interior--http://www.mvd.ru/mvd/structure/unit/federal/ (Russian)50 Official website for State Services-- http://www.mid.ru/bdomp/brp_4.nsf/main_eng (English)DN03/02/12DraftVersion4

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The Ministry of Regional Development , acting through the Department of International and Ethno-Confessional Relations Analysis, is responsible for policy-making and analysis of state/religious relations51. It prepares suggestions for the Government and regulatory bodies and is administered by a department head.

The Ministry of Culture influences government policy on religious organizations through the Governmental Commission for the Affairs of Religious Associations.52 53For example, in 2005 the Commission endorsed a proposal to begin courses about religion in Russian schools.54 The Ministry of Education and Science later adopted that proposal.

Legislative Branch

The legislative branch consists of two chambers:

a) The upper house, referred to as the Council of the Federation; and

b) The lower house, referred to as the State Duma.

Legislation directly dealing with religious affairs is processed primarily by the Public and Religious Organizations Affairs Committee or the Culture Committee. All bills are considered and adopted first by the State Duma. They are then considered for approval by the Council of the Federation. Adopted bills are submitted to the President of the Russian Federation for signing and publication55. The President can veto any bill. A presidential veto may be overridden by two thirds of votes of the deputies of the State Duma, and the members of the Council of the Federation. Human Rights Ombudsman

The Office of the Federal Human Rights Ombudsman contains a department for religious freedom issues56, which receives and responds to complaints from religious organizations and individuals. Following review the department may forward the complaints of religious organizations to the appropriate state agency for response, or it may initiate judicial proceedings for protection of their interests. While the Ombudsman can intervene on behalf of a religious group, it cannot force another government entity to act.57 The department prepares an annual human rights report for the President, the Council of Ministries and the State Duma. The department is administered by a department head.

Within the Human Rights Ombudsman’s office is the Department of Religious Freedom. Like the Ombudsman’s office in general, the Department is only an advocate for religious groups. However, the Department is influential. For example, the Department recently supported the Church of Jesus Christ of Latter-day Saints before of provincial authorities, and assisted the Jehovah’s Witnesses in court.

51 Official website of the Ministry of Regional Development-- http://www.minregion.ru/ / (Russian)52 US. State Dept., International Religious Freedom Report, 2006- http://m.state.gov/md71403.htm53 Ministry of Culture (Russian) - http://www.mkrf.ru/ministerstvo/departament/list.php?SECTION_ID=1930554 Id. 55 Constitution of Russia (English Version)—http://www.constitution-ru.com/en/10003000-01.htm56 International Religious Freedom Report 2012, Russia— http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper57 International Religious Freedom Report, Russia 2012-http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper DN03/02/12DraftVersion4

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Judicial Branch

The Russian judicial system is divided into three branches, each with its own court of last resort. 58 The divisions between the judicial branches are based on the subject matter, and create separate courts of arbitration, constitutional questions, and general jurisdiction presided over by the High Court of Arbitration, Constitutional Court, and Supreme Court respectively.59 Local courts of the three judicial branches throughout Russia comprise the first level of the judiciary.60 The appellate structure beneath each court varies. While the Constitutional Court hears appeals directly from the 83 provincial or regional constitutional courts, the High Arbitration Court presides over a three level hierarchy of inferior courts.61 The Supreme Court of Russia presides over provincial courts of general jurisdiction and military courts. As of February 2014, the Constitution was amended to merge the High Court of Arbitration with the Supreme Court. This change is expected to be fully implemented by August, 2014. Per Russia’s ratification of the 1998 European Convention on Human Rights, cases with human rights implications can be appealed to the European Court of Human Rights (ECHR) with binding affect as well.62

The Russian judiciary faces criticism for its lack of independence.63 While some parts of the judiciary, particularly the constitutional court, has taken steps towards greater judicial independence, most Russian courts are still seen as subordinate to powerful political actors like the President.64 The most notable example of that subordination is the constitutional amendment dissolving the High Court of Arbitration and merging it with the Supreme Court. On February 6, 2014 President Putin signed legislation amending the constitution to dissolve the High Arbitration Court, and merge it with the Supreme Court over a period of six months.65 The text of the law is unclear as to what role, if any, will be left for the inferior arbitration courts. 66 While Putin and parliamentary supporters of the amendment say it will increase judicial efficiency, the dissolution of the High Court of Arbitration drew widespread criticism from Russia’s legal community and from international observers.67 The arbitration courts were viewed as one of the few government institutions performing to international standards, less corrupt and more independent than the Supreme Court, more transparent.68 Putin’s critics saw the amendment as an attempt to reduce judicial independence.69

The federal judiciary also lacks a clear legal doctrine on freedom of religion, leaving that area largely to the purview of lower courts and the ECHR.70However, the Russian government is not always responsive to ECHR rulings. For example, in 2009 the ECHR found that requiring a local religious organization, if not affiliated with a national religious organization, to be present 58 Supreme Court of the Russian Federation (English) - http://www.supcourt.ru/catalog.php?c1=English&c2=Documents&c3=&id=6800 59 Sturm College of Law, University of Denver - http://www.law.du.edu/documents/enrgp/russia.pdf60 Id. 61 Id.62 European Court of Human Rights, Russia - http://www.echr.coe.int/Documents/CP_Russia_ENG.pdf63 Wilson Center, 2013 - http://wilsoncenter.org/article/russias-fading-judiciary64 Id. 65 Official Website of the President of Russia, 2014 - http://eng.kremlin.ru/acts/6619#66 The Moscow Times, 2013 - http://www.themoscowtimes.com/news/article/lawmakers-approve-bill-to-merge-top-courts/489441.html67 Id. 68 RIA Novosti, 2014 - http://en.ria.ru/russia/20140206/187261994/Putin-Signs-Contentious-Courts-Merger-Into-Law.html69 The New York Times, 2014 - http://www.nytimes.com/2014/02/07/world/europe/merger-of-russias-two-top-courts-worries-legal-experts.html?_r=0 70 The Reasoning of Russian Courts in Cases Connected with the Prosecution of Religious Feelings, Higher School of Economics, 2013 - http://www.hse.ru/data/2013/10/17/1279621387/26LAW2013.pdf DN03/02/12DraftVersion4

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in a community for fifteen years or more before it can register there violates the European Convention on Human Rights.71 Russian government entities have ignored this decision, as seen by the Russian Supreme Court’s 2010 decision not to allow a parish of the Armenian Catholic Church to register in Moscow because it had been Moscow less than fifteen years.72

V. RELIGIOUS POLICY MAKING-LOCAL LEVEL

Religious organizations may also interact with regional and local authorities. As a federation, Russia comprises 83 federal subjects: 46 oblasts (provinces), 21 republics, 9 krais, 4 autonomous okrugs, 1 autonomous oblast, and 2 federal cities - Moscow and St. Petersburg73. Russia also claims the Crimean Peninsula and the city of Sevastopol, which it designates as the Republic of Crimea and the Federal City of Sevastopol respectively.74 Each regional administration has designated officials responsible for interacting with religious organizations. The titles of such officials and offices vary from region to region. For example, in Moscow there is the Department of Interregional Cooperation, National Policy and Relations with Religious Organizations75; in Krasnodar Krai there is the Public Associations and Religious Organizations Affairs Department76; in Kemerovskaya Oblast there is the Religious Organization Interaction Committee77; and in the Republic of Tatarstan there is the Religious Affairs Department of the Tatarstan Government78. Similar departments and officials exist within many municipal administrations of major cities throughout the country.

Local courts are somewhat autonomous in their approach to religious freedom issues because of the lack of federal guidance on that subject.79 Because of this, and because ECHR rulings are not consistently followed or invoked in Russian courts, local courts often set the tone for national religious jurisprudence. Individual judges often follow a personal legal strategy in their approach to religious freedom if the letter of the law does not present an immediate solution, sometimes leading to outcomes inconsistent with broader human rights law.80 For example, in 2011 a court in Tomsk found the Bhagavad Gita to be “extreme” under the 2002 extremism law and ordered the book banned.81 In 2013 a local court in Novorossisk found a leading Russian translation of the Quran “extremist,” and ordered copies to be “confiscated and eliminated.”82 Both verdicts received condemnation from both within Russia and from abroad, and likely contradict Russia’s international human rights obligations.83

71 US State Dept., Report on Religious Freedom, Russia http://www.state.gov/documents/organization/171717.pdf72 US Commission on International Religious Freedom 2012 Report - http://www.uscirf.gov/sites/default/files/resources/2012ARChapters/russia%202012.pdf 73 CIA World Factbook. Russia--https://www.cia.gov/library/publications/the-world-factbook/geos/rs.html74 Id. 75 Official website of the Moscow Government--http://www.mos.ru/authority/dms/ (Russian)76 Official website of Krasnodar Krai Administration--http://admkrai.krasnodar.ru/content/section/704/detail/23890/ (Russian)77 Official website of Kemerovskaya Oblast Administration--http://www.ako.ru/official/strukt/KRO/default.asp?n=1&ns=24 (Russian)_78 Official website of Tatarstan Government--http://prav.tatarstan.ru/rus/5.htm (Russian)79 Supra, note 27.80 Supra, note 27.81 CNN-http://religion.blogs.cnn.com/2011/12/20/hindus-ask-russian-court-to-drop-case-against-holy-book/ 82 Jamestown Foundation - http://www.jamestown.org/single/?tx_ttnews%5Btt_news%5D=41444&no_cache=1#.U4g5cXJ_tyU83 The Institute on Religion and Public Policy - http://www.religionandpolicy.org/reports/the-institute-country-reports-and-legislative-analysis/europe-and-eurasia/russia/analysis-on-russia-s-new-extremist-activity-law-2012/DN03/02/12DraftVersion4

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Government Organization

These charts diagrams the general line of authority regarding religious policy decision making, but is not reflective of overall policy formation.

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President/Presidential Administration

Department of Internal Policies

Council on Cooperation with Religious Associations

Council For Cooperation with Civil Society and

Human Rights

Plenipotentiary Presidential Representative in Federal DistrictsOfficial responsible for international and interconfessional relations

Prime Minister/Cabinet

of Ministers

Ministry of JusticeCouncil of Experts for Conducting State Religious Studies Expert AnalysisNon-Profit Organizations Affairs Department

Ministry of InteriorFederal Migration Services (FMS)Regional FMS departments

Ministry of Foreign AffairsConsular Department

Ministry of Regional DevelopmentDepartment of International and Ethno-Confessional Relations

Commission for Affairs of Religious

Associations(Not a cabinet

ministry)

Ministry of CultureReligious Associations Relations Department

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Legislative Branch

Council of the Federation

State DumaPublic and Religious Organizations Affairs CommitteeCulture Committee

Omsbudsman

Department of Religious Freedom

European Court of Human Rights Russian Judiciary

Supreme CourtRegional Supreme CourtMuniciapal and local courts Justices of the Peace

Constitutional CourtRegional Constitutional Courts

Supreme Court of Arbitration(Merged with Supreme Court after Aug. 2014) Arbitration District CourtsArbitration Appellate CourtsRegional arbitration courts