Chapter 2. Religious Organisations in the Republic of Belarus

Article 9. Religious Organisations

Religious organisations in the Republic of Belarus include religious communities, cloisters, religious fraternities, missionary societies (missions), ecclesiastical educational institutions as well as religious associations with their boards and centres.

Religious organisations in the Republic of Belarus shall be formed and carry out their activities in accordance with their statutes (regulations) and have a status of a legal entity.

Only the citizens of the Republic of Belarus may head the religious organisations.

Article 10. Religious Communities

Religious communities shall be formed by the citizens for the purposes of joint confession of the faith and satisfying other religious demands and carry out their activities voluntarily in conformity with their statutes (regulations).

 

Article I 1. Religious Associations, Boards and Centres

The religious associations, their boards and centres shall carry out their activities on the basis of their statutes (regulations), so far as they do not contradict the legislation in force.

The religious organisations in the Republic of Belarus having guiding centres abroad may be guided by their statutes (regulations) in their activities unless the legislation of the Republic of Belarus is infringed in this case.

The relations between the state and foreign religious centres including those associated with the invitation of foreign priests to the Republic for satisfying the religious demands of the believers as well as between the state and religious boards, centres and associations within the Republic not regulated by the Law shall be regulated by the state authorities ensuring the observance of the legislation on the freedom of confessions and religious organisations in the order established by the Council of Ministers of the Republic of Belarus.

The religious associations, their boards and centres as well as the foreign priests invited by them to the Republic for satisfying the ecclesiastical demands of the believers shall observe the legislation on the legal status of foreign citizens in force in the Republic of Belarus.

 

Article 12. Cloisters, Fraternities and Missions

In accordance with their registered statutes (regulations), the religious boards and centres are entitled to found cloisters, religious fraternities and missionary organisations (missions) which shall carry out their activities on the basis of their statutes (regulations) registered in the order established by the Law.

 

Article 13. Ecclesiastical Educational Institutions

In accordance with their registered statutes (regulations), the religious boards and centres are entitled to create ecclesiastical educational institutions for training priests and specialists required for the religious organisations. The ecclesiastical educational institutions shall carry out their activities in the basis of their statutes (regulations) registered in the order established by the Law.

The citizens studying at higher and secondary ecclesiastical educational institutions shall exercise the rights and privileges established for students of state educational institutions.

 

Article 14. Statutes of Religious Organisations

Statutes (regulations) of religious organisations shall be registered in the order established by the present Law according to the civil legislation determining their legal capacity. These statutes shall contain the information of the kind, location and area of activities of the religious organisations, of their confession belonging, place in the organisational structure of the religious association, of their property status, of the rights of foundation of enterprises and mass media, foundation of other religious organisations, creation of educational institutions and other competencies, procedure of settlement of proprietary and other matters in case of termination of their activities, as well as other regulations concerning the peculiarities of the activities of these organisations.

The statutes (regulations) or other documents regulating the dogmatic side of activities and solving internal problems of the religious organisations shall not be registered in the state authorities. The state shall note and respect the internal regulations of the religious organisations if these regulations are presented to the respective state authorities and do not contradict to the legislation in force.

 

Article 15. Religious Organisations as Legal Entities

The religious organisations shall be recognised to be legal entities from the moment of registration of their statutes (regulations).

The religious organisations as legal entities shall exercise rights and fulfill duties in accordance with the legislation and their statutes (regulations).

 

Article 16. Registration of Statutes of Religious Organisations

In order the religious community may get the legal capacity of a legal entity, the citizens-founders in the number of at least ten persons at least eighteen years old residing in the same point or in adjacent points shall present the application with the enclosure of the statute (regulations) to the city (town) or district executive committee at the place of planned activities of the community. Should the religious community belong to particular religious Organisation, this fact shall be indicated in the statute and confirmed by the respective religious board or centre.

The city (town) or district executive committees shall consider the application and send the same to the respective regional (Oblast) executive committee or the Minsk City Executive Committee with their conclusion within two weeks.

After receiving the materials presented for the registration, the regional (Oblast) executive committees or Minsk City Executive Committee shall consider them and take the decision on the registration or refusal of the registration of the statute (regulations) and inform the religious Organisation thereof.

In case of absence of the confirmation as specified in the first part of the present Article, the regional (Oblast) executive committees or Minsk City Executive Committee shall be entitled to request additional materials and obtain the conclusions of the specialists. In this case the decision shall be taken within three months.

The religious associations, centres, boards and religious fraternities, cloisters, missions, ecclesiastical educational institutions created by them shall present their statutes (regulations) for registration to the state body of the Republic of Belarus for the affairs of religions which shall take the decision within one month.

 

Article 17. Refusal of Registration of the Statute of a Religious Organisation

The decision on the refusal of the registration of the statute (regulations) of a religious Organisation shall be sent to the applicants  in writing with the indication of the reason of the refusal. It may be  appealed against this decision or failure to taking the decision within the term established to the court in the order established for the appellation against the illegal actions of the state and public authorities and officials infringing the rights of the citizens.

 

Article 18. Termination of Activities of Religious Organisations

 

The activities of religious organisations may be terminated only in case of their liquidation in accordance with their own decisions. In case of violation of the regulations of the present Law and other laws of the Republic of Belarus, the decision on the termination of their activities shall be taken by the court.

The activity of religious organisations shall be terminated in legal form in the cases of-

1) commitment of the actions prohibited as per Articles 3, 7 and 19 of  the present Law by them;

2)  connection of their rite or homiletic activities with the encroachment on the life, health, freedom and dignity of a person;

3)  systematic violation by the religious organisations of the order of  holding of public religious actions (divine services, rites, ceremonies as well as processions);

4)  compulsion of citizens to the failure to fulfill their constitution  duties or commitment actions accompanying by gross breach of public  order or encroachment on the rights and property of state, social  action or religious organisations.

The court shall consider the cases of the termination of activities of religious organisations in the order established in the Civil Process Code of the Republic of Belarus according to the application of the body authorised to register their statutes or Procurator.