upholds

Published by Stetson University Russia Religion News,

Court of appeal upholds Russian ban on religious parties

RPTsMP CRITICIZES CONSTITUTIONAL COURT DECISION ON RELIGIOUS POLITICAL PARTIES

Portal-credo.ru, 16 December 2004 - The Russian Orthodox church of the Moscow patriarchate (RPTsMP) disagrees with the decision of the Russian federation Constitutional Court that prohibits the creation of parties on religious bases, NEWSru.com reports.

"In the West, Christian Democratic parties defend Christian values that distinguish them radically from the convictions of nonbelievers, including prohibition of abortions and euthanasia, and rejection of unjust wars and same-sex marriages," the vice-chairman of the Department of External Church Relations of the Moscow patriarch, Archpriest Vsevolod Chaplin, told the Interfax news agency on 16 December.

Yesterday the court acknowledged that in some countries parties are active on the basis of the ideology of Christian democracy, the agency's interlocutor noted. At the same time he expressed amazement that the existence of such parties in Russia was held by the court to be impossible by appealing to the multiconfessional and multinational nature of the country, the specific properties of the way leading confessions function and their impact upon social life, and to the fact that political parties and religious associations in Russia still have not acquired substantial experience of democratic existence. The representative of the church called the court's argument "more than strange." "I do not understand why it is possible in the West but impossible in Russia, especially since Russia is no more multiconfessional than the majority of European countries," the priest said.

In his opinion, "it is not so important what the parties are called; the main thing is that people should have the possibility of affirming their world view in politics, including a religious world view, even if it does not conform to the interpretation of so-called general human values."

In Vsevolod Chaplin's view, so far the existence in Russia of parties that identify themselves as Christian and Orthodox has not been very successful. "I am talking about organizations which have shown themselves weak in politics or even not at all," he explained. At the same time the priest noted that according to the social doctrine adopted at the 2000 bishops' council, "the Russian Orthodox church is open to cooperation with any political organizations, including those that do not called themselves Christian and Orthodox." (tr. by PDS, posted 16 December 2004)

Religiia v svetskom obshchestve, 15 December 2004 - On 15 December the Russian federation Constitutional Court did not find a violation of the constitution in point 3 of article 9 of the federal law "On political parties." The presence of words in the name of a party that signify a religious or national identity, in the court's opinion, does not indicate the religious or national orientation of the party, but it does evoke certain associations and attracts citizens who are inclined toward the named religion or nationality. From this there ensues the elevation of some citizens above others, which is a violation of the constitution, the court concludes.

The examination of the constitutionality of the standard of the law "On political parties" was begun on 16 November in connection with an inquiry from the Koptiev district court of Moscow and appeals by the "Orthodox Party" All-Russian public political organization.

Point 3 of article 9 of this law forbids the creation of political parties of the basis of professional, racial, national, or religious identity (that is, the charter must not include among its goals the protection of professional, racial, national, or religious interests and such identifications must not be reflected in the name of the party).

The plaintiffs turned to the Constitutional Court after the Russian Ministry of Justice refused to register the "Ruaaian All-National Union" political party, since its name used the word "Russian." The ministry also refused to grant the application for registration of the "Russian Christian Democratic Party," since the word "Christian" reflects a religious affiliation.

One of the plaintiffs, representing the Russian All-national Union, who is a member of the legislative assembly of Vladimir province, Igor Artemov, reported that "this prohibition is absurd and unconstitutional. All of international law is based on the possibility of national and religious groups defending their own interests." The plaintiffs intend to appeal to the Strasbourg court. (tr. by PDS, posted 16 December 2004)

Polit.ru, 15 December 2004 - On 16 November of this year the Constitutional Court began an examination of the constitutionality of point 3 of article 9 of the federal law "On political parties," in connection with an inquiry from the Koptiev district court of Moscow and appeals from the "Orthodox Party" all-Russian public political orgnization. According to the contested point of the law, the creation of political parties on the basis of professional, racial, national, or religious affiliation is prohibited. The chief indicator is the presence of such a designation in the name.

The plaintiffs turned to the Constitutional Court with a request to ascertain the constitutionality of this point in connection with the fact that the Ministry of Justice of RF had refused to grant the application for registration of the "Russian All-National Union" and "Russian Christian Democratic" parties. The plaintiffs declared that point 3 of article 9 of the federal law "On political parties" violates the constitutional principle of the equality of citizens regardless of their race, nationality, relationship to religion, and other conditions, as well and the constitution right of citizens to association.

The plaintiffs claim that the legislature did not have the right to introduce a prohibition on the creation of political parties if their activity does not threaten the foundations of the constitutional structure, morality, health, or rights and legal interests of other people, as well as the defense and security of the state. (tr. by PDS, posted 16 December 2004)



Volume 6 Number 51 - Tuesday, December 21st, 2004	A Publication of the ORTHODOX CHRISTIAN LAITY