according to which religious organizations having no documents to confirm their existence on the corresponding territory during not less than fifteen years shall enjoy the rights of the legal person under the condition of their annual re-registration before the specified fifteen-year term.court, resolving the given case, has determined the limits of legislative intervention into activity of religious associations, having specified the following. According to Article 28 of the Constitution of the Russian Federation in interrelation with its Article 13 (Part 4), 14, 19 (Parts 1 and 2) and 30 (Part 1) freedom of worship assumes freedom of creation of religious associations and freedom of their activity on the basis of the principle of legal equality by virtue of which the federal legislator, realizing the powers proceeding from Article 71 (item «c» and «o») and 76 of the Constitutions of the Russian Federation shall have the right to settle civil and legal status of religious associations, including the conditions of recognition of the religious association as the legal person, the order of its foundation, creation, state registration shall have the right to determine the maintenance of legality of religious associations., the legislator , taking into account historically developed in Russia multi - religious way of life shall be obliged to observe the regulation of Article 17 (Part 1) of the Constitutions of the Russian Federation stipulating that in the Russian Federation there shall be guaranteed rights and freedoms of a person and a citizen according to the conventional principles and norms of international law and according to the Constitution of the Russian Federation. The measures entered by him concerning foundation, creation and registration of religious organizations, shall not deform the essence of freedom of worship, the right to association and freedom of activity of public associations, and the probable restrictions infringing these or that constitutional laws, shall be justified and proportional to the constitutionally valid goals.the democratic society with inherent to it religious pluralism according to Article 17 (Part 3) and 55 (Part 3) of the Constitution of the Russian Federation and corresponding regulations of Article 18 (items 2 and 3 ) of the International Pact on Civil and Political Rights, and Article 9 (item 2) of the Convention on protection of human rights and fundamental freedoms, similar restrictions can be stipulated by the law if it is necessary for the interests of public calmness, protection of social order, health care and morality or for protection of rights and freedoms of other persons. The state shall have the right to provide certain barriers not to give automatically the status to the religious organization, not to suppose legalization of the sects breaking human rights and committing illegal and criminal actions, and to prevent missionary activity (including in connection with the problem of proselytism) if it is incompatible with respect to freedom of thought, worship and religion of others and to other constitutional rights and freedoms, and is accompanied with the offer of material or social benefits for the purpose of recruitment of new members to church, wrongful influence on people, in need or in distress, psychological pressure or threat of violence, etc. It is, in particular, specified in Resolution of the European Parliament from February 12, 1 996 «About sects in Europe» and in the recommendation of the Council of Europe No. 1178 (1992) «About sects and new religious movements», and in resolutions of the European Court on human rights from May 25, 1993 (Series A No.260-A) and from September 26, 1 996 (Reports of Judgments and Decisions, 1 996-IV), explaining the character and scale of obligations of the state proceeding from Article 9 of the above mentioned Convention.on the principle regulations and having applied the system approach to analysis of legislative regulations, the Constitutional Court has come to the conclusion that the disputed regulations can not be recognized unconstitutional and breaking rights and freedoms of the citizens as in the constitutionally legal sense they mean that the corresponding religious organizations enjoy rights of the legal person in full, without confirmation of fifteen-year minimal term of existence on the corresponding territory, without annual re-registration and without restrictions stipulated by Paragraph 4 item 4 Article 27 of the above mentioned Federal Law.problems of creation and activity of the religious organizations have also been considered by the Constitutional Court of the Russian Federation in the case on the complaint of the group of the citizens on infringement of their constitutional rights item 1 Article 9 and item 5 Article 11 вересня of the Federal Law «About a freedom of worship and about religious associations» [3] .analysed the regulations of the given Federal law, the Cons...
