The church is separated from the state or not. The Russian Federation is a secular state

1. Russian Federation - Russia is a democratic federal state of law with a republican form of government.

2. The names Russian Federation and Russia are equivalent.

Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.

1. The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.

2. The people exercise their power directly, as well as through state authorities and local self-government bodies.

3. The highest direct expression of the power of the people is the referendum and free elections.

4. No one can appropriate power in the Russian Federation. The seizure of power or the appropriation of power is punishable under federal law.

1. The sovereignty of the Russian Federation extends to its entire territory.

2. The Constitution of the Russian Federation and federal laws shall have supremacy throughout the entire territory of the Russian Federation.

3. The Russian Federation ensures the integrity and inviolability of its territory.

1. The Russian Federation consists of republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts - equal subjects of the Russian Federation.

2. The republic (state) has its own constitution and legislation. A krai, oblast, federal city, autonomous oblast, autonomous okrug has its own charter and legislation.

3. The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the state bodies of the constituent entities of the Russian Federation, the equality and self-determination of peoples in the Russian Federation.

4. In relations with federal government bodies, all subjects of the Russian Federation are equal among themselves.

1. Citizenship of the Russian Federation is acquired and terminated in accordance with federal law, is uniform and equal, regardless of the grounds for acquisition.

2. Every citizen of the Russian Federation has all the rights and freedoms on its territory and bears equal obligations stipulated by the Constitution of the Russian Federation.

3. A citizen of the Russian Federation may not be deprived of his citizenship or the right to change it.

1. The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person.

2. In the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, fatherhood and childhood, disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established.

1. The unity of the economic space, free movement of goods, services and financial resources, support for competition, and freedom of economic activity are guaranteed in the Russian Federation.

2. In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.

1. Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.

2. Land and other natural resources may be in private, state, municipal and other forms of ownership.

State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.

1. State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.

2. State power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them.

3. The delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation is carried out by this Constitution, the Federal and other agreements on the delimitation of subjects of jurisdiction and powers.

The Russian Federation recognizes and guarantees local self-government. Local self-government within its powers independently. Local self-government bodies are not included in the system of state authorities.

1. Ideological diversity is recognized in the Russian Federation.

2. No ideology can be established as a state or mandatory.

3. Political diversity and multi-party system are recognized in the Russian Federation.

4. Public associations are equal before the law.

5. It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred.

1. Russian Federation - secular state. No religion can be established as a state or obligatory one.

2. Religious associations are separated from the state and are equal before the law.

1. The Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

The phrase that the Church is separated from the state has become Lately a kind of rhetorical common place, used as soon as it comes to the participation of the Church in public life as soon as representatives of the church appear in a public institution. However, the citation of this top in the dispute today speaks of ignorance of what is written in the Constitution and the "Law on Freedom of Conscience" - the main document describing the existence of religion on the territory of the Russian Federation.

Firstly, the phrase "the Church is separated from the state" is not in the law.

So firmly remembered the line about the separation was preserved in the minds of the Constitution of the USSR of 1977 (Article 52): "The church in the USSR is separated from the state and the school from the church." If we make a brief extract from the chapter of the "Law on Freedom of Conscience" on the relationship between the Church and the state, then we get the following:

No religion can be compulsory in Russia

- The state does not interfere in church affairs and does not transfer its functions of state power to religious organizations,

— The state cooperates with religious organizations in the field of preservation of cultural monuments and education. Schools can teach religious subjects as an elective.

The main difficulty in reading laws lies in the different understanding of the word "state" - on the one hand, as a political system for organizing society, and on the other - directly to society - the whole country as a whole.

In other words, religious organizations in Russia, according to the law, do not perform the functions of state power, religion is not imposed from above, but cooperate with the state in those matters that concern society. “The separation of church and state means the separation of governing functions, and not the complete removal of the church from public life,” Archpriest Vsevolod Chaplin, Chairman of the Synodal Department of the Moscow Patriarchate for Relations between Church and Society, said today at a round table held as part of the work of the Center for Conservative Research of the Faculty of Sociology Moscow State University.

We invite the reader to take a look at some important texts, exhaustively illuminating this problem:

The separation of the state from the Church should not exclude her from nation-building

Archpriest Vsevolod Chaplin

In Russia, the discussion on the topic of philosophy and principles of church-state relations has revived. This is partly due to the need to regulate the legislative and practical foundations of the partnership between the authorities, society and religious associations - a partnership, the need for which is definitely growing. Partly - and no less - by the ongoing struggle of beliefs associated with the search for a new national ideology. Perhaps the focus of the discussion was various interpretations the principle of separation of the Church from the state, laid down in the Russian Constitution. Let's try to understand the existing opinions on this matter.

In itself, the legitimacy and correctness of the principle of separation of the Church and the secular state is unlikely to be seriously disputed by anyone. The danger of “clericalization of the state” today, although more illusory than real, really cannot but be perceived as a threat to the order of things that has developed in Russia and the world, which generally satisfies the interests of both believers and non-believers. An attempt to impose faith on people by the power of secular power, to entrust purely state functions to the Church can have extremely negative consequences for a person, and for the state, and for the church organism itself, as Russian history of the 18th-19th centuries, and the experience of some foreign countries convincingly testifies to. , in particular, having an Islamic form of government. This is well understood by the absolute majority of believers - Orthodox and Muslims, not to mention Jews, Buddhists, Catholics and Protestants. The only exceptions are marginal groups, for which calls for the nationalization of religion are more a means of acquiring scandalous political fame than a designation of a real task.

At the same time, a considerable number of officials, scientists of the Soviet school (whom, by the way, I respect more than other "new religious scholars"), as well as liberal intellectuals, interpret the separation of the Church from the state as the need to keep it within the walls of temples - well, maybe even within the private and family life. We are often told that the presence of religious lessons in secondary schools on a voluntary basis is a violation of the Constitution, the presence of priests in the army is a source of mass interreligious conflicts, the teaching of theology in secular universities is a departure from the "religious neutrality" of the state, and budgetary funding of educational and social programs of religious organizations - almost undermining the social order.

This position is supported by arguments both from the Soviet past and from the experience of some countries, primarily France and the United States. At the same time, however, they forget that most of the states of Europe and the world live by completely different laws. Let's not take the examples of Israel and consistently Muslim monarchies or republics where the political system is based on religious principles. Let's leave aside such countries as England, Sweden, Greece, where there is a state or "official" religion. Let us take Germany, Austria or Italy, examples of purely secular states typical of Europe, where religion is separated from secular power, but where this power nonetheless prefers to rely on the social resources of the Church, actively cooperate with it, and not distance itself from it. And let us note in the margins that the local model is increasingly being adopted by the Central and Eastern Europe, including the CIS countries.

For the governments and citizens of the countries mentioned above, the separation of the Church from the state does not at all mean the exclusion of religious organizations from active public life. Moreover, there are no artificial barriers to the work of theology departments in the largest state universities, to the teaching of religion in a secular school (naturally, at the free choice of students), to the maintenance of an impressive staff of military and embassy chaplains, to the broadcast of Sunday worship on national television channels and, finally, for the most active state support of charitable, scientific and even foreign policy initiatives of religious organizations. All this, by the way, is done at the expense of the state budget - either through a church tax or through direct funding. By the way, I personally think that in an economically weakened Russia, the time has not yet come for a massive allocation of state funds to religious communities. But why didn’t anyone think about a simple question: if budget money flows like a river to sports, cultural and media organizations, which are also sort of separated from the state, then why can’t religious organizations even hint about this money? After all, they ask not for missionary work and not for the salary of priests, but mainly for matters of national importance - for social, cultural and educational work, for the restoration of architectural monuments. In addition, with all the understanding of the weakness of financial discipline in modern Russian religious associations, I would venture to suggest that the funds given to them reach ordinary people to a greater extent than the money of other funds and public associations allocated from the budget for very specific projects.

Europe cherishes the principle of separation of church and state no less than ours. Moreover, it is understood there quite definitely: religious communities should not interfere in the exercise of secular power. Yes, they can call on their members to support or not support any political program, to act in one way or another in parliament, government, political parties. But the actual exercise of power is not the business of the Church. This has begun to be realized even in countries with a state religion, where the leadership, for example, Lutheran churches now itself renounces the registration of acts of civil status and the right to distribute budgetary funds that are not related to church activities. The process of "denationalization" of religion is really under way. However, no one in the same Germany and in a nightmare will not dream of imposing on the country the Soviet model of state-church relations, the French ideology of laicite (emphasized secularism, anti-clericalism) or the American "privatization" of religion. By the way, let's move across the ocean. There, unlike in Europe, the reverse trend has been observed for several years. The change in the demographic composition of the US population not in favor of white Christians is increasingly forcing politicians to talk about the need for state support for religion (but not only Christian). Long before the arrival of George W. Bush, the House of Representatives of the US Congress approved a bill allowing direct allocation of federal budget funds to churches for their social work (indirectly they were allocated anyway). At the local level, this practice has existed for a long time. The new president is going to significantly expand the scope of its application. Let's also not forget that there have always been state-paid military and embassy chaplains in America, and there is no need to even mention the scale of Washington's foreign policy support for Protestant missionary work.

In a word, any responsible state, except, perhaps, hysterically anti-clerical France and the last bastions of Marxism, is trying to develop a full-fledged partnership with leading religious communities, even if it firmly stands on the principle of separation of religion and secular power. Oddly enough, supporters of preserving in Russia the rudiments of Soviet theory and practice of state-church relations do not want to notice this reality. In the minds of these people, for example, the Leninist norm about the separation of the school from the Church is still alive, which, fortunately, is not in the current legislation. On a subconscious level, they consider religious communities to be a collective enemy, whose influence must be limited by inciting intra- and inter-confessional contradictions, preventing religion from entering any new areas of public life, be it the education of youth, pastoral care for military personnel or international peacekeeping. The main concern of these figures is "no matter what happens." In a country where there is only one fairly large religious minority - 12-15 million Muslims - they frighten the people with inter-religious conflicts that will supposedly arise if, for example, Orthodox theology is allowed into a secular university. These people are completely indifferent to the fact that in Armenia and Moldova - countries that are not much less "poly-confessional" than Russia - full-fledged theological faculties of leading public universities, and no Bartholomew nights followed. Neo-atheists do not allow (or are afraid of) the idea that in Russia both Orthodox, and Muslims, and Buddhists, and Jews, and Catholics, and even a significant part of Protestants can find a modus vivendi that allows them to be proportionately present in higher and secondary schools, science , culture, national media.

However, it is useless to argue further. The course of the public discussion shows that views on church-state relations have been substantially divided. The religious revival does not cause any "popular protest". However, a small but influential part of society has taken a position of rigid opposition to the development of partnership between the Church and the state, to the strengthening of the place of religion in the life of the country. Two models, two ideals collided: on the one hand, the construction of a powerful "buffer zone" between the state and the Church, on the other hand, their close interaction for the sake of the present and future of the country. My opponents will probably not be convinced, although I have tried to do this many times. Therefore, I will try to analyze their motives.

Firstly, the Soviet religious studies school, which has undeniable achievements, was never able to overcome atheistic stereotypes, enrich itself and renew itself through dialogue with other worldviews. Time is running out, influence remains only in some corridors of the old apparatus, which means that changes in society are perceived as dangerous and undesirable. Secondly, the liberal intelligentsia, former leader public opinion in the late 80s and early 90s, today it is not and is terribly complex about this. This social stratum needed the Church only as a fellow traveler, obediently following in the wake of its ideological constructions. When she had her own position and her own influence on the minds, she turned into an enemy, whose role should be limited in every possible way. This is how the “new godlessness” arose. Finally, thirdly, and this is the main thing, in Russia it was not possible to form national idea neither on the basis of the values ​​of private life ("the ideologemes of local development" of Satarov's team), nor on the basis of the priorities of a self-sufficient market ("economic centrism" of Gref's doctrine). Society is looking for higher and more "exciting" goals, looking for the meaning of both individual and collective existence. Not being able to fill the ideological vacuum, Russian thinkers see nothing better than preserving this vacuum until better times. At the same time, "clearing the site" from everything incomprehensible and uncalculated.

The Church and other traditional religions have the answer to many questions still facing the country and people. I would venture to suggest that this answer is expected by millions of citizens of the country, who continue to be in worldview confusion. The authorities should not impose religious and moral preaching on people. But it still should not prevent the Russians from hearing it. Otherwise, the only feeling that unites citizens will be hatred for Caucasians, Jews, America, Europe, and sometimes even for the government itself. There is only one alternative, in my opinion: a renewed commitment to the ethical values ​​of Orthodoxy, Islam, and others. traditional religions, as well as a reasonable, open humanism, even if agnostic.

Do not be afraid of ultra-conservative religious radicalism, the neophyte fuse of which is gradually fading. By the way, it is strong precisely where there is no scope for a genuine religious revival, combining loyalty to tradition and openness to the new, patriotism and dialogue with the world. This revival, and therefore the revival of Russia, must be helped. For this, the Church and the authorities do not need to merge in a stormy embrace. They just need to do a common thing, to work together for the benefit of people - Orthodox and non-Orthodox, believers and non-believers.

Well educated and non-church

Mikhail Tarusin, Sociologist, political scientist, publicist. Head of the Social Research Department of the Institute of Public Design.

In Article 14 of the Constitution of the Russian Federation in paragraph 1 it is written that “the Russian Federation is a secular state. No religion can be established as a state or obligatory one.” Paragraph 2 in the same place adds: "Religious associations are separate from the state and are equal before the law." It seems to be intuitive, but still I would like more clarity.

Let's start with the definition of "secular". In Ushakov's dictionary, the word is defined in two meanings: as "well-bred" and as "non-church". We probably need a second definition. The Big Law Dictionary (LLC) defines "secular state" as "meaning the separation of church and state, the delimitation of their spheres of activity." For its part, the encyclopedic dictionary "Constitutional Law of Russia" defines a secular state as: "a state in which there is no official, state religion and none of the creeds is recognized as obligatory and preferable." At the same time, the Law of the Russian Federation "On Freedom of Conscience" of September 19, 1997 in the preamble recognizes "the special role of Orthodoxy in the history of Russia, in the formation and development of its spirituality and culture."

In our opinion, there is much that is unclear here. The constitution denies religion as a state or compulsory religion, but says nothing about the preference for one religion over others. Constitutional law seems to add a denial of preference for any religion. The Law "On Freedom of Speech" speaks of the special role of Orthodoxy, while stating that it was thanks to Orthodoxy that Russia acquired spirituality (!). There is a clear preference for Orthodoxy, denied by constitutional law, but not directly denied by the Constitution. Paradox.

In addition, the LUS interprets the secular state as signifying at the same time department Churches from the state and demarcation their areas of activity. Agree, the delimitation of spheres is possible only with joint activities, when the parties are united common goal. Separation does not imply anything joint at all - a divorce and a maiden name.

Why is there so much ambiguity in this whole topic? In our opinion, for this it is necessary to go back a little, to our, either bright, or damned past.

Contrary to popular belief, the Soviet state did not declare itself as atheistic. The 1977 Constitution of the USSR states in Article 52: “Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess any religion or not to profess any, to practice religious cults or conduct atheistic propaganda. Incitement of enmity and hatred in connection with religious beliefs is prohibited. The church in the USSR is separated from the state and the school from the church.

Pay attention, by the way, that the Orthodox Church is clearly singled out here as the main subject of separation. It is just right to think that a mosque, a pagoda, a prayer house and a satanic temple are not separated from the state.

Of course, this article contains deliberate cunning - it is hardly possible to put an equal sign between the opportunities to "profess religion" and "to conduct anti-religious propaganda." But in general, the article looks quite decent. Then where is the state atheism? It turns out that it is hidden deep. The USSR Constitution of 1977 says nothing about state atheism, but Article 6 states that “the leading and guiding force of Soviet society, the core of its political system, state and public organizations is the Communist Party of the Soviet Union. The CPSU exists for the people and serves the people.”

In turn, the Charter of the CPSU (with additions of the XXVI Congress of the CPSU), in the section "Members of the CPSU, their duties and rights", paragraph d) states that a party member is obliged: "To wage a resolute struggle against any manifestations of bourgeois ideology, against the remnants of private property psychology, religious prejudices and other vestiges of the past. In the CPSU Program of 31.10. 1961, in the section “In the field of education of communist consciousness”, paragraph e) also states that: “The party uses the means of ideological influence to educate people in the spirit of a scientific-materialistic worldview, to overcome religious prejudices, not allowing offending the feelings of believers. It is necessary to systematically conduct a wide scientific-atheistic propaganda, patiently explain the inconsistency religious beliefs that arose in the past on the basis of the oppression of people by the elemental forces of nature and social oppression, due to ignorance of the true causes of natural and social phenomena. This should build on the achievements modern science which reveals the picture of the world more and more fully, increases the power of man over nature and leaves no room for the fantastic inventions of religion about supernatural forces.

Like this. The state itself is obviously secular, but since the guiding force of society and state organizations is the CPSU, which ideologically professes atheism, the state also uses the constitutional right to atheistic propaganda.

This is precisely why the state separated the Church from itself in order to convince society to abandon religious prejudices and remnants of the past. It seemed to be saying - this is superfluous, we don't need it, that's why we rejected it from ourselves, because we want to get rid of it from our life. In this context, the meaning of separation is clear and consistent.

But back to the new Russia. Which declares itself as a secular state, but at the same time, specifically in Article 13, paragraph 2, it clarifies that: "No ideology can be established as a state or mandatory." In other words, we do not need any "guiding and guiding force". Fine. But then why did they take and blindly drag the provision on the separation of religious organizations from the state from the Soviet Constitution? The Bolsheviks needed this in order to conduct systematic atheistic propaganda and at the same time systematically destroy the Church as such. The current government does not intend to do either.

Then why separate?

It would be more logical to constitutionally declare cooperation between the state and religious organizations in the division of areas of activity. Which, by the way, is mentioned in the Big Legal Dictionary.

For example, the recently adopted Program of the United Russia party states the following: “Traditional religions are the keepers of the wisdom and experience of generations necessary to comprehend and solve urgent social problems. We proceed from such an understanding of the secular state, which means the organizational and functional separation of the state and religious organizations, and the appeal to religion is voluntary. At the same time, we are convinced that society should be able to hear the voice of traditional confessions.”

Those. does not directly refer to separation, but to delimitation of functions is an example worthy of legislative imitation.

Finally, it should be understood that the concept secular does not mean separation or alienation from the concept religious th. I, for example, am a secular person, not in the sense of being well brought up, but in the sense of not serving in the church, not a priest and not a monk. But I consider myself Orthodox. The President is a man of the world. But he is also Orthodox, he was baptized at the age of 23 of his own free will and now lives a church life, i.e. participates in the sacraments of Confession and Communion. Is the prime minister a secular person? Yes. Orthodox? Certainly. A significant part of modern Russian society is secular. And Orthodox at the same time.

It may be objected that the concept of separation of just something means non-interference of the state in the affairs of the Church and vice versa. But then why such an honor to religious organizations? Why is the separation from the state of the voluntary society of firefighters and, in general, of all public organizations (the so-called NGOs) not indicated in the Constitution?

And then, one of the main tasks of civil society institutions is precisely to control the state, represented by authorities at various levels, so as not to be too naughty. And in the tasks of religious organizations - it is impartial to tell the authorities if they start to rule not according to their conscience. In turn, the state is obliged to intervene in the affairs of a religious organization, if it surpasses itself in terms of totalitarianism. So it's hard to talk about mutual non-interference.

Then why the state, being secular, cannot be Orthodox? I don't see any barriers to that. If it itself claims in its own Law that Orthodoxy has played a special role in the formation and development of the spirituality and culture of Russia. Moreover, if Orthodoxy played this role historically, and then for almost the last century, the ruling party of the state destroyed both Orthodoxy itself and the fruits of its labors, is it not logical to turn to the Church again? With a request to help the young state in the formation of the spirituality and culture of young Russia, which, apparently, has no particularly fruitful ideas on this score. And, on the contrary, which the Church has, given the centuries-old experience of Russian Orthodoxy, the great spiritual heritage patristic tradition, the spiritual culture of folk traditions.

Moreover, the state of modern Russian society in terms of cultural and spiritual health has long required the most prompt intervention. And, undoubtedly, it is necessary to begin with the moral nourishment of young souls.

Here, by the way, there is one subtle point. In the Soviet Constitution, it is not for nothing that there is a strange clarification: “The Church in the USSR is separated from the state and school - from the church". Why was it necessary to add this “school from the church”? Wasn't everything in the Soviet country state-owned? Yes, but the Bolsheviks were well aware that the construction of a new world should begin with the education of a new person, the school for them was one of the most important components of the communist construction. Therefore, the most terrible was the very thought of the hateful Church penetrating there. Hence the addition.

So. But why then today are the numerous hysterics about the introduction of religious disciplines into schools? Or are we still continuing to build the "bright world of communism"? It seems not.

And the arguments themselves speak more about their spokesmen as legalists than as atheists. Chief among these refers to the fact that schools are de government institutions, thus separated from the church. And then teaching them the basics of religion is a violation of the Constitution of the Russian Federation. But schools today in the country are municipal institutions, and municipalities are local government structures that de jure cannot be considered part of the state system.

If we take the media space, which today, voluntarily or without knowing it, strictly follows the instructions of Langley experts on the decomposition of Russian society, then it is certainly not a state institution. This means that it can be under the direct guardianship of the Church, and I do not know of any other community today that would need it more.

Finally, the institutions of civil society, although they received a wise leader in the person of the Civic Chamber of the Russian Federation and its regional clones, do not show due enthusiasm in connection with this appointment. On the other hand, the noticeable development of the social initiatives of the Church just means the real formation of this very civil society, on the basis of mercy and compassion familiar to our mentality.

Finally, it is necessary to create an atmosphere of a moral state in the entire public space, when not benefit and good, but shame and conscience drive a person’s actions.

Simple observations show that we are today overly involved in the quasi-ideology of economism. The plans built for the future are rosy and promising, but for some reason it is not possible to take the first step. Make the first obvious breakthrough, unwind the flywheel of creative movement. Why is this? And because, when you need to make a physical movement, it is necessary, first of all, to apply moral an effort.

And how to create this effort? This requires moral experience. This is why the union of the state and the Church is necessary. In order for the national body to have moral strength. We have no other teacher and never will be, except for the Orthodox faith and the mother of the Russian Orthodox Church. And if our state, in addition to economic experts, is armed with such an assistant, you look, and the bright plans of the current will seem like a trifle compared to the newly opened prospects.

THE FEDERAL LAW ON FREEDOM OF CONSCIENCE AND RELIGIOUS ASSOCIATIONS

Article 4 State and religious associations

1. The Russian Federation is a secular state. No religion can be established as a state or obligatory one. Religious associations are separated from the state and are equal before the law.
2. In accordance with the constitutional principle of separation of religious associations from the state, the state:
does not interfere in the determination by a citizen of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child's right to freedom of conscience and freedom of religion;
does not impose on religious associations the performance of the functions of state authorities, other state bodies, state institutions and local self-government bodies;
does not interfere in the activities of religious associations, if it does not contradict this Federal Law;
ensures the secular nature of education in state and municipal educational institutions.
3. The state regulates the provision of tax and other benefits to religious organizations, provides financial, material and other assistance to religious organizations in the restoration, maintenance and protection of buildings and objects that are monuments of history and culture, as well as in the provision of teaching general education disciplines in educational institutions established by religious organizations in accordance with the legislation of the Russian Federation on education.
4. The activities of public authorities and local self-government bodies are not accompanied by public religious rites and ceremonies. Officials of state authorities, other state bodies and local self-government bodies, as well as military personnel, are not entitled to use their official position to form one or another attitude towards religion.
5. In accordance with the constitutional principle of separation of religious associations from the state, a religious association:
creates and carries out its activities in accordance with its own hierarchical and institutional structure, selects, appoints and replaces its personnel in accordance with its own regulations;
does not perform the functions of state authorities, other state bodies, state institutions and local governments;
does not participate in elections to state authorities and local self-government bodies;
does not participate in the activities of political parties and political movements, does not provide them with material and other assistance.
6. The separation of religious associations from the state does not entail restrictions on the rights of members of these associations to participate on an equal basis with other citizens in the management of state affairs, elections to state authorities and local self-government bodies, the activities of political parties, political movements and other public associations.
7. At the request of religious organizations, the relevant state authorities in the Russian Federation have the right to announce Religious holidays non-working (holiday) days in the respective territories.

Article 5 religious education

1. Everyone has the right to receive a religious education of his choice, individually or in community with others.
2. The upbringing and education of children is carried out by parents or persons replacing them, taking into account the child's right to freedom of conscience and freedom of religion.
3. Religious organizations have the right, in accordance with their charters and with the legislation of the Russian Federation, to create educational institutions.
4. At the request of parents or persons replacing them, with the consent of children studying in state and municipal educational institutions, the administration of these institutions, in agreement with the relevant local self-government body, provides a religious organization with the opportunity to teach children religion outside the framework of the educational program.

1. The Russian Federation is a secular state. No religion can be established as a state or obligatory one.
2. Religious associations are separated from the state and are equal before the law.

Interpretation of the provisions of Article 14 of the Constitution of the Russian Federation

From the Resolution of the Constitutional Court of the Russian Federation N 18-P dated 12/15/2004.

The constitutional principle of a secular state and the separation of religious associations from the state means that the state, its bodies and officials, as well as bodies and officials of local self-government, i.e. bodies of public (political) power shall not have the right to interfere in the legitimate activities of religious associations, to entrust them with the performance of the functions of bodies of state power and bodies of local self-government; religious associations, in turn, have no right to interfere in the affairs of the state, participate in the formation and perform the functions of state authorities and local self-government bodies, participate in the activities of political parties and political movements, provide them with material and other assistance, as well as participate in elections, including through agitation and public support of certain political parties or individual candidates. This does not prevent adherents of a particular religion, including clergymen, from participating in the expression of popular will by voting on an equal basis with other citizens. Supporters of a particular religion have the freedom to choose and express their political beliefs and political interests, make decisions and carry out relevant activities, but not as members of religious associations, but directly as citizens or members of political parties ...

In the Russian Federation, as a democratic and secular state, a religious association cannot replace a political party, it is supra-partisan and non-political, while a party, by virtue of its political nature, cannot be a religious organization, it is supra-confessional, non-confessional...

The Constitution of the Russian Federation establishes that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people (). In the name of the multinational people of Russia, as a collection of citizens of various nationalities and religions, united by a common destiny and preserving the historically established state unity, the adoption of the Constitution of the Russian Federation (Preamble) took place.

Therefore, the principle of a secular state in the understanding that has developed in countries with a mono-confessional and mono-ethnic structure of society and with developed traditions of religious tolerance and pluralism (which made it possible, in particular, to allow political parties based on the ideology of Christian democracy in some countries, since the concept of "Christian" in In this case, it goes far beyond the confessional framework and indicates belonging to European system values ​​and culture) cannot be automatically applied to the Russian Federation...

On present stage Russian society, including political parties and religious associations, has not yet acquired a solid experience of democratic existence. Under these conditions, parties created on a national or religious basis would inevitably be oriented towards upholding the rights of the corresponding national (ethnic) or religious groups. The competition of parties formed along national or religious lines, which is especially acute in the pre-election struggle for voters, can lead, instead of consolidating society, to stratification of the multinational people of Russia, opposing ethnic and religious values, exalting some and belittling others, and ultimately - to giving dominant value not to national values, but to any ethnic ideology or religion, which would be contrary to the Constitution of the Russian Federation, its

Text Art. 14 of the Constitution of the Russian Federation in the current version for 2020:

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

2. Religious associations are separated from the state and are equal before the law.

Commentary on Art. 14 of the Constitution of the Russian Federation

1. All states of the world in terms of the relationship between state power and the church are divided into three unequal groups:

theocratic (from Gr. theos - god, kratos - power) - a form of government in which political power belongs to the head of the church, the clergy (for example, the Vatican);

clerical (from Latin clericalis - church) - a form of government in which the state is not merged with the church, but the latter, through legislative institutions, including constitutional norms, actively influences state policy, and school education necessarily includes the study of church dogmas ( Italy, UK);

secular - states where the church is separated from the state, and the school from the church (France, Russia, Turkey).

Most of the democratic states of the world are among the clerical ones, where the dominant role is played by the traditionally established faith, to which the majority of citizens of this state belong, but freedom of conscience and religion is constitutionally enshrined, other confessions freely operate, whose teaching does not contradict the laws of this state. As for secular states, their formation is predetermined by subjective historical processes that took place in specific states.

As you know, Orthodoxy (Catholic Christianity, Eastern confession), borrowed by Prince Vladimir in Eastern Byzantium, was aimed at creating a Russian centralized state, uniting the people around the grand duke's power. For these reasons, Orthodoxy has become the dominant religion of the predominantly Slavic and other population of Russia, attributively associated with the ruling power. At a certain stage (March 17, 1730) Russian Orthodox Church was subordinate to the Holy Governing Synod, which turned the church into a political institution, subordinate to the power of the state. This situation was in effect until the victory of the October socialist revolution. By the Decree of the Council of People's Commissars of the RSFSR of January 20, 1918 "On the separation of the church from the state and the school from the church," Russia was proclaimed a secular state, the Synod was abolished, all property of the church was declared a national treasure, and the church and its institutions were deprived of the status of a legal entity. Freedom of conscience was proclaimed in society, and religion became a private affair of the citizens of Russia * (54).

The Bolsheviks took such a drastic step towards the Church due to a well-founded fear of the possibility of restoring autocracy in Russia from within with the support of the Russian Orthodox Church, so the goal pursued by the Decree was to weaken the economic and spiritual position of the Church in the still politically weak Soviet state.

Subsequently, all the constitutions adopted in the Soviet era confirmed the secular nature of the Russian state. The current Constitution is also no exception. The commented article proclaimed the Russian Federation a secular state. The term “secular” (introduced by Martin Luther in the treatise “On Secular Power”, 1523), meaning “worldly, civil, not religious”, is not very successful in terms of legal accuracy, but has been used to determine the subject in question from time immemorial. times and means the opposite of everything spiritual, religious.

The secular nature of the state is revealed through an indication of the prohibition of establishing any religion as a state or mandatory one. At the same time, the term "religion" is universal, meaning a set of spiritual values, creeds based on their divine origin. However, Russia is a multinational state, which predetermined the presence of several confessions in it; almost all world religions and a number of lesser-known religious teachings are represented in the spiritual life of its society. The rise of even the most demanded by the population of the doctrine of God - Orthodoxy, means an insult to the religious feelings of believers who profess Islam, Buddhism, Judaism and other faiths. Thus, the current Constitution went beyond declaring the country a secular state, and Russia, as a democratic state, took the position of religious tolerance and tolerance towards the religious life of the population, which cannot be said about a number of representatives of official spiritual authorities. Recently, the Russian Orthodox Church, with a certain connivance of the secular authorities, has taken a sharply offensive position in matters of spreading the faith, returning church values ​​​​and property, interfering in the political, legislative, and educational spheres of society. Such activities cannot be called consistent with the Constitution and the law. Moreover, it gives rise to religious, and along with them national conflicts, contributes to the growth of chauvinistic and racist sentiments in society.

2. The second part of the commented article develops the characterization of Russia as a secular state, establishes the equality of religious associations and the principle of their separation from the state. Here we must keep in mind the differences between the church as an organizational form of worship and religious ceremonies and religion as a set of spiritual values ​​based on divine origin. According to Art. 6 of the Federal Law of September 26, 1997 "On Freedom of Conscience and Religious Associations", a religious association is a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing on the territory of the Russian Federation, formed for the purpose of joint confession and dissemination faith and possessing signs corresponding to this purpose: religion, worship and other religious rites and ceremonies, teaching religion and religious education of their followers * (55).

Separation from the state means that the state has no right to interfere in the affairs of the church if its organizations do not violate the laws of the Russian Federation, and the church has no right to interfere in the exercise of political power and other activities of the state. Although the provisions of Art. 14 clearly demonstrate the legal continuity of the above-mentioned Decree of the Council of People's Commissars of the RSFSR; unfortunately, it does not contain an indication of the separation of the school from the church. This unfortunate, in our opinion, omission allows individual clergymen to try to impose on state and municipal schools, in violation of the Law "On Freedom of Conscience and on Religious Associations", the need to teach training course the law of God. We emphasize once again: religion, including religious education and upbringing, is a private affair of the child and his legal representatives. Religious education itself can be carried out in an organized form, but in specialized educational institutions established solely for this purpose, on a voluntary basis (see commentary to Article 28).

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

2. Religious associations are separated from the state and are equal before the law.

Commentary on Article 14 of the Constitution of the Russian Federation

1. A state is considered secular in which there is no official, state religion and none of the creeds is recognized as obligatory or preferable. In such a state, religion, its canons and dogmas, as well as religious associations operating in it, have no right to influence the state system, the activities of state bodies and their officials, the system of public education and other areas of state activity. The secular nature of the state is ensured, as a rule, by the separation of the church (religious associations) from the state and the secular nature of public education (separation of the school from the church). This form of relationship between the state and the church has been established with varying degrees of consistency in a number of countries (USA, France, Poland, etc.).

IN modern world there are states where the official religion is legalized, called state, dominant or national. For example, in England such a religion is one of the main directions of Christianity - Protestantism (Anglican Church), in Israel - Judaism. There are states where the equality of all religions is proclaimed (Germany, Italy, Japan, etc.). However, in such a state, one of the most traditional religions, as a rule, enjoys certain privileges, has a certain influence on his life.

The opposite of a secular state is the theocratic, in which state power belongs to the church hierarchy. Such a state today is the Vatican.

There are also a number of clerical states in the world. The clerical state is not merged with the church. However, the church, through the institutions established in the legislation, has a decisive influence on state policy, and school education necessarily includes the study of church dogmas. Such a state is, for example, Iran.

2. As a secular state, the Russian Federation is characterized by the fact that in it religious associations are separated from the state and no religion can be established as a state or obligatory one. The content of this provision is disclosed by Art. 4 of the Law on Freedom of Conscience and on Religious Associations, which states that religious associations are equal before the law.

The separation of religious associations from the state means that the state does not interfere in the determination by a citizen of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child's right to freedom of conscience and freedom of religion. The state does not impose on religious associations the performance of the functions of state authorities, other state bodies, state institutions and local governments; does not interfere in the activities of religious associations, if it does not contradict the law; ensures the secular nature of education in state and municipal educational institutions. The activities of public authorities and local self-government bodies may not be accompanied by public religious rites and ceremonies. Officials of state authorities, other state bodies and local self-government bodies, as well as military personnel, are not entitled to use their official position to form one or another attitude towards religion.

At the same time, the state protects the legal activities of religious associations. It regulates the provision of tax and other benefits to religious organizations, provides financial, material and other assistance to religious organizations in the restoration, maintenance and protection of buildings and objects that are monuments of cultural history, as well as in ensuring the teaching of general education disciplines in educational institutions established by religious organizations in accordance with with the legislation of the Russian Federation on education.

In accordance with the constitutional principle of separation of religious associations from the state, a religious association is created and carries out its activities in accordance with its own hierarchical and institutional structure, selects, appoints and replaces its personnel in accordance with its own regulations. It does not perform the functions of state authorities, other state bodies, state institutions and local self-government bodies, does not participate in elections to state authorities and local self-government bodies, does not participate in the activities of political parties and political movements, does not provide them with material and other assistance. In the Russian Federation, as a democratic and secular state, a religious association cannot replace a political party; it is supra-party and non-political. But this does not mean that the clergy cannot be elected to state authorities and local self-government bodies at all. However, the clergy are not elected to these bodies from religious associations and not as representatives of the respective church.

The principle of a secular state in the understanding that has developed in countries with a mono-confessional and mono-ethnic structure of society and with developed traditions of religious tolerance and pluralism makes it possible to allow in some countries political parties based on the ideology of Christian democracy, since the concept of "Christian" in this case goes beyond the confessional framework and denotes belonging to the European system of values ​​and culture.

In multinational and multi-confessional Russia, such concepts as "Orthodox", "Muslim", "Russian", "Bashkir", etc., are associated in public consciousness rather with specific confessions and individual nations than with the system of values ​​of the Russian people as a whole. Therefore, the constitutional principle of a democratic and secular state in relation to the constitutional and historical realities that have developed in Russia does not allow the creation of political parties on the basis of national or religious affiliation. Such a prohibition corresponds to the authentic meaning of Art. 13 and 14 of the Constitution in conjunction with its Art. 19 (parts 1 and 2), 28 and 29 (see comments to articles 13, 14, 19, 28 and 29) and is a specification of the provisions contained therein (see Resolution of the Constitutional Court of the Russian Federation of December 15, 2004 N 18-P ).

The separation of religious associations from the state does not entail restriction of the rights of members of these associations to participate on an equal basis with other citizens in the management of state affairs, in elections to state authorities and local self-government bodies, in the activities of political parties, political movements and other public associations.

Religious associations in the Russian Federation operate on the basis of their own rules, subject to the law. Such a law regulating these issues is the mentioned Law on freedom of conscience and on religious associations. According to this Law, a religious association in the Russian Federation is a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing on the territory of the Russian Federation, formed for the purpose of joint confession and the spread of faith and having the following characteristics corresponding to this goal: religion; performing divine services, other religious rites and ceremonies; teaching religion and religious education of their followers. Religious associations may be created in the form of religious groups and religious organizations.

A religious group is a voluntary association of citizens formed for the purpose of joint confession and dissemination of faith, carrying out activities without state registration and acquiring the legal capacity of a legal entity. The premises and property necessary for the activities of a religious group shall be provided for the use of the group by its members. Religious groups have the right to perform divine services, other religious rites and ceremonies, as well as to carry out religious education and religious education of their followers.

A religious organization is a voluntary association of citizens of the Russian Federation or other persons permanently and legally residing on the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith, registered as a legal entity in accordance with the procedure established by law.

Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. A local religious organization is a religious organization consisting of at least 10 members who have reached the age of 18 and permanently reside in the same locality or in the same urban or rural settlement. A centralized religious organization is a religious organization that, in accordance with its charter, consists of at least three local religious organizations.

State registration of religious organizations is carried out by the federal body of justice or its territorial body in the manner prescribed by the current legislation. Re-registration of religious organizations cannot be carried out contrary to the conditions, which, by virtue of paragraph 1 of Art. 9 and paragraph 5 of Art. 11 of the Law on Freedom of Conscience and on Religious Associations are necessary and sufficient for the establishment and registration of religious organizations. It follows from these norms that the re-registration of religious organizations established before the entry into force of this Law, as well as local religious organizations that are part of the structure of a centralized religious organization, does not require a document confirming their existence in the relevant territory for at least 15 years; such religious organizations are not subject to the annual re-registration requirement before the specified 15-year period; they cannot be limited in legal capacity on the basis of par. 3 and 4 paragraph 3 of Art. 27 (see Resolution of the Constitutional Court of the Russian Federation of November 23, 1999 N 16-P).

Religious organizations have the right to establish and maintain religious buildings and structures, other places and objects specially designed for worship, prayer and religious meetings, religious veneration (pilgrimage). Divine services, other religious rites and ceremonies are freely performed in religious buildings and structures and in the territories related to them, in other places provided to religious organizations for these purposes, in places of pilgrimage, in institutions and enterprises of religious organizations, in cemeteries and in crematoria, as well as in residential areas.

Religious organizations have the right to conduct religious ceremonies in medical and preventive and hospital institutions, orphanages for the elderly and disabled, in institutions executing criminal penalties in the form of imprisonment, at the request of citizens staying in them, in premises specially allocated by the administration for these purposes. . The command of military units, taking into account the requirements of military regulations, is not entitled to prevent the participation of military personnel in worship and other religious rites and ceremonies. In other cases, public worship, other religious rites and ceremonies are carried out in the manner prescribed for rallies, processions and demonstrations.

At the request of religious organizations, the relevant state authorities in Russia have the right to declare religious holidays non-working (holiday) days in the respective territories. Such holidays are declared, for example, the Nativity of Christ, a number of Muslim religious holidays.

Religious organizations have the right to: produce, acquire, exploit, replicate and distribute religious literature, printed, audio and video materials and other religious items; carry out charitable and cultural and educational activities; create institutions for professional religious education (spiritual educational institutions) for the training of students and religious personnel; carry out entrepreneurial activities and create their own enterprises in the manner prescribed by the legislation of the Russian Federation; establish and maintain international relations and contacts, including for the purpose of pilgrimage, participation in meetings and other events, to receive religious education, as well as invite foreign citizens for these purposes.

Religious organizations may own buildings, land plots, industrial, social, charitable, cultural, educational and other purposes, religious objects, cash and other property necessary to ensure their activities, including those classified as historical and cultural monuments. Religious organizations may own property abroad.

It is prohibited to establish religious associations in government bodies, other state bodies, state institutions and local self-government bodies, military units, state and municipal organizations, as well as religious associations whose goals and actions are contrary to the law.

Religious organizations may be liquidated by decision of their founders or by a body authorized to do so by the charter of a religious organization, as well as by a court decision in the event of repeated or gross violations of the norms of the Constitution, federal laws, or in the event of a religious organization systematically carrying out activities that are contrary to the goals of its creation (statutory goals).

It must be said that certain provisions of the Law on Freedom of Conscience and on Religious Associations have repeatedly served as the subject of consideration by the Constitutional Court. However, each time the Court recognized them as not contradicting the Constitution.

Thus, the Constitutional Court of the Russian Federation adopted the Ruling of April 13, 2000 N 46-O on the complaint of the regional association "Independent Russian region Society of Jesus" on violations of constitutional rights and freedoms, paragraphs 3-5 of article 8, articles 9 and 13, paragraphs 3 and 4 of article 27 of the Law on Freedom of Conscience and Religious Associations * (77).

The Court concluded that the challenged provisions of the Law on Freedom of Conscience and on Religious Associations, as applied to their effect on religious organizations established before the entry into force of this Law, did not violate the applicant's constitutional rights and freedoms.