The Concept and Forms of Associations of Citizens for Religious Purposes in Russia, Italy, and France: A Comparative Legal Analysis

Abstract

In modern conditions, the issues of legal regulation of the realization of the citizens’ right to freedom of conscience are becoming quite relevant. On the one hand, the state should prevent the violation of this natural right, and, on the other hand, it is called upon to protect the interests of the individual and society from destructive religious influence. Comparative legal analysis with the national legal orders of France and Italy, which are close in the Romano-Germanic legal family, can potentially enrich both Russian legislation and domestic legal doctrine.

The author notes the shortcomings of the legal regulation of ensuring the citizens’ rights to freedom of conscience in the Russian Federation in terms of excessive state control over the activities of religious groups. The domestic legislator does not take into account the division of religious worship into private and public one, common in developed countries (including France and Italy), which largely predetermines the specifics of legal regulation. Based on the analysis of the current legislation in this area, the author substantiates the need to change the domestic approach to the problem. In particular, it is proposed that paragraph 1 of Article 7 of the Federal Law «On Freedom of Conscience and Religious Associations» be reworded, providing for greater autonomy of religious groups and their independence from excessive state control. Paragraphs 2 and 3 of Article 7 of the Federal Law should be excluded from it, because they create unreasonable obstacles for the citizens of the Russian Federation to exercise their right to freedom of conscience.