The Equality of Religious Organizations: Russian and European Experience

Abstract

This article discusses problematic cases regarding the realization of constitutional and legal order of equality of religious organizations before the law in Russia and contemporary Europe. The purpose of the study is to compare the political and legal grounds and practices of the equality of religious associations in Europe and Russia. The paper provides a comprehensive analysis of the practices of implementing the constitutional principle of equality of religious associations before the law in the context of Russian and European experience. As part of the systematization and analysis of various models of state-confessional relations, the author comes to a number of legal and socio-political conclusions: firstly, the constitutional and legal regime of equality of religious associations that has developed in Russia is part of a pan-European trend, and also correlates with one of the pan-European main constitutional traditions; secondly, equality of religious associations is often understood by the Russian law enforcement officer as equality not legal, but factual, which makes it difficult to regulate various religious traditions in a similar way; thirdly, it is possible to classify European states in accordance with two approaches to state-confessional relations: from citizens to religious associations or from religious associations to citizens. The value of the conducted research consists in referring to the European experience and comparative analysis of the compliance of the Russian model of state-confessional relations with some European models that have proven themselves to be effective. The results of this study may be used in the legislative process and also while working out the plans and teaching of educational programs.

Keywords

• religion-state relations
• equality of religious organizations
• constitutional right
• legal uncertainty
• religious freedom
• religious discrimination