Paul
Goble
Staunton, November 18 – The November
14 decision of Russia’s Constitutional Court that citizens can conduct religious
services in their homes, a decision many have welcomed (windowoneurasia2.blogspot.com/2019/11/russian-constitutional-court-recognizes.html)
could be rendered meaningless by Russian laws restricting missionary activity,
lawyers say.
The decision is extremely important,
lawyers say, because many religious groups do not have their own dedicated
facilities and thus have been forced to hold services in homes or other places,
often being harassed or fined by officials who say they have no right to do so.
Now the court has recognized that right.
But unfortunately this is not the end
of this story; and it may turn out to be the case, that Russians can pray in their homes but
that if they involve people the authorities say are not members of their
religious group, then lawyers say, it may be possible for the powers that be to
punish them despite the decision of the court.
That is because, lawyers tell Nezavisimaya
gazeta, there are significant “legal inconsistencies” especially regarding
membership in a religious community and actions that involve those who may not
be in any services. If they participate, then the right the court recognized on
November 14 may not apply (ng.ru/events/2019-11-19/11_476_missionary.html).
Other legal specialists with whom
the independent newspaper spoke are more optimistic and think the latest
decision will block any retreat. But they have no answer for those who say that
in Russian law, membership in a religious community is far from unambiguously
defined in law; and consequently, the authorities can and have played games.
In short, it appears the
Constitutional Court gave Russians have a loaf. Whether they get the full one
likely depends not on the court itself but rather on the Kremlin and its
decisions about how it wants this decision to be applied.
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