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Judgment of the Constitutional Court of 5 December 2012 № 30-П on the review of constitutionality of the provisions of Para 5 of Article 16 of the Federal Law “On the Freedom of Conscience and on Religious Associations” and Para 5 of Article 19 of the Law of the Republic of Tatarstan “On the Freedom of Conscience and on Religious Associations” in connection with the complaint of the Commissioner for Human Rights in the Russian Federation

Legal issue: whether the contested norms constitute an undue intervention by the State into the freedom of religion and the freedom to gather peacefully and without arms, given that these rules prescribe to conduct public religious ceremonies in the procedure established for conducting meetings, manifestations and demonstrations?

Ratio decidendi: the Court has drawn distinction between those prayerful and religious assemblies which require from public authorities taking measures aimed at the protection of public order and citizen’s security, and those which do not require such measures. The latter category includes the cases of conducting prayerful and religious meetings within non-dwelling premises, when neither the content of the religious event not the location of the non-dwelling premise do not presuppose any danger for public order, morality and health of the participants of the religious event as well as third persons.  In the final analysis, the Court came to conclusion that the norms in question do not conform to the Constitution only to the degree in which they extend the procedure established for conducting meetings, manifestations and demonstrations, to assemblies falling within the latter category, and obligated the federal legislator to make respective amendments in the current regulation.

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