SEPARATION BUT NOT EXILE

Archpriest Vsevolod CHAPLIN, Deputy Chairman of the Department for External Church Relations of the Moscow Patriarchate, Moscow

Branch Churches from the state is good, unless, of course, by separation we mean the expulsion of the Church and faith from the life of society. The separation of the Church and the state means, strictly speaking, a simple thing - the Church does not carry out the functions of state power, and the state does not interfere in the internal life of the Church. By the way, this does not happen everywhere - in particular, in some countries and still the monarch appoints bishops, and the Church has a fixed number of seats in parliament.

I don't think this is the correct system, since the Church's assumption of the functions of civil power inevitably leads to the fact that the Church is forced to punish someone, to restrict someone. But after all, it should be open to everyone - even to criminals and people condemned by society.

At the same time, one should not try to interpret the separation of the Church from the state as a ban on Christian activity in certain areas of society. The separation of the Church from the state only means that the Church does not have the functions of power, and does not mean at all that it should not work at school, be present in the national media, does not mean that Christians have no right to lead, based on their faith, politics, the economy and public the life of their state.

THE SECULARITY OF THE STATE IS NOT ATHEISM

Andrey ISAEV, Chairman of the RF State Duma Committee on Labor and Social Policy, Moscow

For modern the world is certainly good. Because the state in the current conditions is inevitably secular and neutral. This is the only way it can be in a multi-confessional country, and now, in the context of globalization, almost all countries are becoming like this. I believe that in this way the state can avoid abuses, clashes between religions. On the other hand, the Church in this case is not responsible for all the actions of the state and does not justify them. Which is also true and correct. Therefore, it seems to me that there should be such legal independence, non-interference of the state in the affairs of the church and non-interference of the Church in the secular politics of the state.

The separation of the Church from the state, his secularism is not his atheism. That is, this does not mean that the state is obliged to pursue an atheistic policy, to adopt a single point of view. Nothing like this! It must cooperate with the Church, as with any other social movement (and the Church is undoubtedly a positive and mass social movement). The state must create normal conditions for the activities of church institutions, as well as for the activities of any other institutions of civil society. The joint work of the Church and the state in matters of preserving national cultures, traditions, national identity and identity is very important.

That is, the state does not have to be 100% neutral - it must be neutral only in the sense that it does not impose an ideology on anyone.

In fact, nowhere in the world, except for totalitarian and ideologized countries, does the separation of the Church from the state interfere, for example, with the presence of chaplains in the army. In most countries of the world, it is not even interpreted as a norm that excludes the teaching of religion in schools at public expense. Therefore, the assertions that the president cannot be a believer, that at school students cannot learn the basics of their own free choice Orthodox culture that there can be no chaplains in the army because the Church is separated from the state - this is a substitution of legal and philosophical concepts. This is an attempt to consolidate the shameful practice of atheization of society, which we inherited from the times of atheistic totalitarianism.

WE ARE FOR HEALTHY COOPERATION

Archbishop Antonio MENNINI, Representative of the Holy See in the Russian Federation, Moscow

To answer your question about the separation of Church and State, I would like to turn to the documents of the Second Vatican Council and, in particular, to the constitution “Gaudium et Spes” (“Joy and Hope”).

Paragraph 76 of the constitution states among other things: “In their areas of activity, the political community and the Church are autonomous and independent of each other. However, both the Church and the community serve, albeit on different grounds, the personal and public callings of the same people. They will carry out their service for the common good the more successfully, the better they develop healthy cooperation among themselves, taking into account the conditions of place and time. After all, a person is not limited to only one earthly order: living in human history, he fully preserves his eternal calling. The Church, founded on the love of the Savior, helps ensure that justice and love flourish even more within each country and between different countries. While preaching the truth of the gospel and enlightening all areas of human activity with its teaching and witness, which is true to Christ, it also respects and develops the political freedom of citizens and their responsibility.”

From what the Council affirms, it also follows that the State and the Church, although separated and independent, cannot and must not ignore each other, since they serve the same people, that is, citizens who are subjects of the state.

But these people also have the right to have the state recognize and protect their basic spiritual rights, beginning with freedom of religion. Therefore, the Church and the State are called upon to cooperate for the common good of the individual and society in forms that vary from state to state.

The Catholic Church and the Holy See always pursue the stated goal of sound cooperation between Church and State so that, as the 1st chapter of the Agreement between Italy and the Holy See of 1984 says, for example, they can promote “the development of man and the good of the State”.

SIXTEEN YEARS WITHOUT KGB CONTROL

Sergey POPOV, Chairman of the Committee of the State Duma of the Russian Federation on Public Associations and Religious Organizations, Moscow

From my point of view, the real separation of the Church from the state, which took place sixteen years ago, is, of course, a boon for Russia. Returning to the regime when the Church was controlled by the KGB system, when the activities of the church authorities, the activities of any religious community were placed under strict control, is not just a step back, it is a step into the abyss. This state of affairs violates all the basic principles of freedom of conscience - what is declared by our Constitution.

Today there are proposals related to the need to connect certain moments in the life of the Church and authorities. I believe that such a movement towards each other should be aimed at ensuring that the state can more effectively help the Church, and the Church, for its part, could be more actively involved in solving many problems, primarily social ones. It seems to me that the most optimal variant of relations between the Church and the state has developed in Russia today. The church deals with important problems in the spiritual sphere, but, in addition, it participates in many public programs and supports the good undertakings of the authorities. And the state, without interfering in the affairs of the Church, legislatively creates the necessary conditions for its existence and contributes to the normal, harmonious development of all church institutions. This is probably the most appropriate order for our country.

ANY STATE IS ESSENTIALLY A THEOCRACYOleg MATVEYCHEV, Consultant, Office of the President of the Russian Federation for Domestic Policy, Moscow

Opinion, that the Church should be separated from the state is not at all some kind of absolute truth. This is just one of the existing concepts, and a relatively recent one. There were certain historical reasons for this, but, unfortunately, everything ended not with a simple separation of the Church from the state, but with a decline in spirituality, persecution, and even almost the destruction of the Church.

Gradually, the country begins to understand that responsible, honest behavior in society and, above all, in government positions cannot be guaranteed either by material benefits or threats. The only incentive for a person (and especially for an official) to be honest, morally impeccable and responsible is a spiritual, religious incentive, and not at all material and not vital. The state, therefore, is generally impossible without moral education. In essence, any state, implicitly or explicitly, is a theocracy, and the more theocracy, the more impeccable from the point of view of morality, more honest and responsible the state.

The specific forms of the relationship between the Church and the authorities may be different, but in any case it should be a dialogue, mutual penetration, and not subordination of one to the other and not use of one by the other. This applies to both parties; the dominance of any of them is harmful. We need cooperation, symphony, synergy. Of course, this is my personal opinion and not an official position.

Natalia NAROCHNITSKAYA, President of the Historical Perspective Foundation, Doctor of Historical Sciences, Deputy of the State Duma of the Russian Federation, Moscow

I believe this question is already somewhat out of time, because now the separation of the Church from the state is a long-standing fact. But it is necessary to correctly understand the content of this concept. If this is understood as the complete displacement of the Church to the margins of public life, if the Church turns into a kind of interest club, like a society of lovers of belles-lettres, then this is no longer a separation, but exile, even persecution! The separation of the Church from the state should mean only one thing: the society is not imposed by law and certainly belonging to a religion or a religious perception of reality. A citizen has the right to be a believer or a non-believer and this does not mean depriving him of his civil rights and duties or the protection of the state. The Church has no political power: it does not appoint ministers, distribute finances, or make judicial decisions, and, most importantly, does not require the citizens of the country to formally belong to the faith. This is an absolutely normal state of affairs, and I am sure it suits both sides: both the Church and the state.

It is quite another matter that the Church cannot and must not be separated from society. Otherwise, it simply ceases to be the Church, renounces its meaning - to carry the Word of God and preaching, and from its most important social role - to be the voice of religious conscience. I am a supporter of the most active cooperation between the Church and society. In the Church, the human soul awakens, turning to God, and the Church helps it to remember moral guidelines, to think about the moral content of the act, to be tolerant of others and demanding of itself. In the Church, everything induces a person to be the embodiment of a conscious duty towards his fellow citizens. Isn't this, among other things, the basis of true citizenship, which even atheists can hardly deny. Unlike the state, the Church does not punish by legal methods, does not legislate, but teaches a person to distinguish between good and evil, sin and virtue. And a person, a member of society, tries by his own effort to live not only correctly from a rationalistic point of view, but also righteously, to act in his life not only as it should be, but also as it should. Otherwise, devoid of faith, and, gradually, and moral guidelines, directly arising from the dogma, the society gradually and inevitably oskotinivaetsya.

The Russian Federation is a secular state

secular a state is recognized in which religion and the state are separated from each other. The state and state bodies are separated from the church and religious associations and do not interfere in their activities, in turn, the latter do not interfere in the activities of the state and its bodies.

The secular state presupposes the absence of any ecclesiastical authority over the organs of the state; inadmissibility of performance by the church, its hierarchs of any state functions; the absence of a mandatory religion for civil servants; non-recognition by the state of the legal significance of church acts and religious rules as sources of law binding on anyone; refusal of the state to finance the expenses of any church or religious organization.

The Russian Federation in Part 1 of Art. 14 of the Constitution of the Russian Federation is recognized as a secular state. This provision determines the attitude of the state to religion.

In accordance with the secular nature of the Russian state, religious associations are separated from the state (Part 2, Article 14 of the Constitution of the Russian Federation). This means that, firstly, no religion can be established as a state or obligatory one (Part 1, Article 14 of the Constitution of the Russian Federation); secondly, the state has no right to impose state functions on religious organizations and interfere in their activities. Thus, the relationship between religion and the state in the Russian Federation is based on mutual non-interference.

The idea of ​​a secular state is developed in other norms of the Constitution of the Russian Federation and in federal laws. The Constitution of the Russian Federation proclaims the equality and freedom of various faiths, religions and confessions (Articles 19 and 28), federal laws guarantee freedom of conscience, non-interference of the church, religious associations in the affairs of the state, local self-government and vice versa.

The status of a secular state does not exclude in practice the possibility of granting benefits and providing certain material assistance to the church and religious associations, including in order to ensure the rights of religious minorities. However, at the same time, the legislator must guarantee equal rights for all religious associations upon receipt of appropriate benefits and material assistance.

The nature and procedure for the relationship of religious associations with the state and society is determined by the Federal Law of September 26, 1997 No. 125-FZ "On Freedom of Conscience and Religious Associations", in et. 4 of which the constitutional principle of separation of religious associations from the state is concretized, relations between the state and religious associations are determined. In accordance with this constitutional principle, the Russian Federation as a state:

• - does not interfere in the determination by a citizen of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child's right to freedom of conscience and freedom of religion;
• - does not impose on religious associations the performance of the functions of state authorities, other state bodies, state institutions and local self-government bodies;
• - does not interfere in the activities of religious associations, if it does not contradict federal law;
• - ensures the secular nature of education in state and municipal educational institutions.

The separation of religious associations from the state does not entail restriction of the rights of members of these associations as citizens to participate on an equal basis with other citizens in the management of state affairs, elections to state authorities and local self-government bodies, in the activities of political parties, political movements and other public associations.

At the request of religious organizations, the relevant state authorities in the Russian Federation have the right to declare religious holidays non-working (holiday) days in the respective territories. In particular, in Russia, January 7 - Christmas is recognized as such a non-working holiday.

According to part 2 of Art. 14 of the Constitution of the Russian Federation, religious associations are equal before the law. This provision should be considered much broader than its literal meaning: implying the equality of not only individual associations, but also religions as such. In the context of the analysis of this principle of equality, it is impossible not to touch upon such an issue as the historical and social conditions for the development of religions in our state. Orthodoxy is the leading denomination in Russia. This is how it happened historically. At present, the majority of believers in Russia are Orthodox. This feature is noted in the preamble of the Federal Law "On Freedom of Conscience and Religious Associations", which states that this Federal Law is adopted in the conditions of the functioning of the Russian Federation as a secular state with recognition of the special role of Orthodoxy in the history of Russia, in the formation and development of its spirituality and culture and simultaneous respect for other Christian religions, Islam, Buddhism, Judaism and other religions that are an integral part of the historical heritage of the peoples of Russia.

The official position of the Orthodox Church and its individual representatives in Russia proceeds from the fact that relations between the state and the church in a secular state should be based not on the idea of ​​their opposition, but on the idea of ​​harmony and concord. With the proclamation of the separation of church and state, a policy of confessional indifference should not be pursued, in which the state power is on the positions of atheism. The idea of ​​harmony and agreement with state power should be extended to all religions and confessions that cooperate with it in the interests of the people and observe the Russian Constitution and laws.

Today it is often said that the Orthodox Church interferes in state affairs, and secular authorities influence the position of the Church on various external issues. Is it really? What is the legal content of the provision on the separation of the Church from the state? Does the principle of "secularism" violate the cooperation of the state and the Church in certain areas?

Article 14 of the Constitution of the Russian Federation declares the separation of religious associations from the state. This means that issues of dogma, worship, internal governance in the Church, in particular the ordination of priests and bishops, moving from parish to parish, from pulpit to pulpit, lie outside the competence of the state. The state does not regulate them, does not interfere in the affairs of the Church - and has no right to interfere.

There are also no other phenomena that can indicate the “merging” of the institutions of statehood and the Church:

• State budget financing of the activities of the Church, including the payment of wages to clergy from budget funds;

• Direct representation of the Church in the Federal Assembly. In countries where the merging of the state and the Church has taken place or is being preserved, in one form or another there is a direct, as a rule, legally enshrined right of the Church to delegate its representatives to legislative bodies of power, to other state bodies of power and administration.

The Church in Russia is not part of the state mechanism and is not endowed with any power functions.

Yes, when discussing any legislative innovations, when adopting important decisions state bodies listen to the opinion of the Church, take it into account; at the stage of discussing any law, the Church may be consulted. But the Church is not part of the state mechanism and is not endowed with any power functions.

If today the Church and the state do not interfere in any way with each other in carrying out their activities, then where did the idea of ​​violating a principle come from in the minds of people, the origin of which is forgotten today, and the essence is unclear?

Let's try to answer this question, starting with history.

The French Law on the Separation of Churches and State of December 9, 1905 (fr. Loi du 9 décembre 1905 concernant la séparation des Eglises et de l'Etat) was the first law that initiated the process of the complete separation of church and state in socio-economic conditions close to to the life of modern society. The adoption of the law and the ensuing unrest in the country caused the resignation of the government, which lasted only one year and 25 days in power.

The postulates of this law later formed the basis of similar decrees on the secularization of public life in the USSR, Turkey and other countries.

The main points were:

• Guarantee of the right to work without indicating belonging to a particular confession;

• Elimination of funding for cults from the state budget;

• All property of the church and all related obligations were transferred to various religious associations of believers. The priests serving them were retired at public expense;

• With the amendments of 1908, the objects of the "religious heritage" of France (an extensive list of buildings, including about 70 temples in Paris alone), passed into state ownership, and Catholic Church received the right to perpetual free use. This is, in fact, an exception to its own article 2, which prohibits the subsidization of religion (article 19 of the law explicitly states that "monument maintenance costs are not subsidies." The same law established the right of the public to freely visit the buildings listed.

In Soviet Russia, the separation of church and state was proclaimed by a decree of the Council of People's Commissars of the RSFSR of January 23 (February 5), 1918, the content of which, however, was much broader.

Decree proclaiming: 1) separation of church and state (Articles 1 and 2) freedom to “profess any religion or none” (Article 3), at the same time: 3) banned religious education "in all state and public, as well as private educational institutions where general education subjects are taught", 4) deprived religious organizations of any property rights and rights of a legal entity (Article 12 and 5) announced the transfer of “the property of church and religious societies existing in Russia” into the public domain (Article 13).

The actual meaning of the decree in the USSR was completely different than in France. The goals and objectives for which it was adopted inertially find adherents in our country today.

Russia, as the legal successor of the USSR, has adopted a formal alienation from Orthodox Church. However, devoid of politicization due to a distorted understanding of the principle of separation, the relationship between the Church and the state can and should bear the character of a community. These two institutions, of which 2/3 of our citizens are both members, are designed to complement each other in the life of our society.

As President of the Russian Federation Vladimir Vladimirovich Putin emphasized in his welcoming speech to the participants of the Bishops' Council of the Russian Orthodox Church in 2013: joint work [of the State and the Church - ed. auth.] “in strengthening harmony in our society, in strengthening its moral core ... This is a response to the living need of people for moral support, spiritual guidance and support.”

1. Article 14 P1. The Russian Federation is a secular state. No religion can be established as a state or obligatory one. P2. Religious associations are separated from the state and are equal before the law.

2. Mikhail Shakhov. STATE AND CHURCH: FREEDOM OR CONTROL? Reflections on the 25th Anniversary of the Law on Freedom of Religion

3. Pierre-Henri Prelot. Funding Religious Heritage In France. // Funding Religious Heritage. Ed. Anne Fornerod. Routledge, 2016. (English)

Pyatkina S.A.

The article is devoted to one of the earliest formed signs of a modern legal state. The article operates in unity with Article 28 of the Constitution and the Law of the RSFSR "On Freedom of Religion" of October 25, 1990. The secular nature of the state implies the recognition of a number of principles in the sphere of relations between the state and religious organizations. The basis of these relations is the freedom of conscience, since, according to, no religion can be established as a state or obligatory one.
The secular nature of the Russian state means the separation of the church from the state, the delimitation of their spheres of activity. This separation is manifested, in particular, in the civil nature of justice, in the state registration of acts of civil status, in the absence of obligations for civil servants to profess a certain religion, as well as in the civil status of believers, since, according to Article 6 of the said Law, Russian citizens are equal before the law in all areas of civil, political, economic, social and cultural life, regardless of their attitude to religion. Indication of attitude to religion in official documents is not allowed.
In accordance with the principle of separating religious associations from the state, Article 8 of the Law "On Freedom of Religion" determines that the state, its bodies and officials do not interfere in the legitimate activities of religious associations and do not entrust them with the performance of any state functions. In turn, religious associations should not interfere in the affairs of the state. They cannot be an integral part of state bodies and institutions, including such as public schools, universities, hospitals, preschool institutions.
Article 9 of the Law specifies such property of a secular state as the secular nature of the state system of education and upbringing. Since education and upbringing form the spiritual world of the individual, the state respects the right of the individual in the sphere of spiritual self-determination. In addition, state institutions of education and upbringing are financed by taxpayers of various faiths, which excludes privileges for any particular religion.
According to Article 5 of the Law in these institutions, at the request of citizens (parents, children), the teaching of the dogma can be optional, i.e. be voluntary and not be considered as a compulsory subject for other students. Coercion to attend such classes is unacceptable.
The Law also clearly draws a distinction between the teaching of the dogma with the observance of religious rites and the acquisition of knowledge about religion in the historical, cultural, informational sense. Disciplines of religious studies and religious-philosophical nature, not accompanied by the performance of religious rites, may be included in the program of state educational and educational institutions.
The second principle, formulated in, is to proclaim the equality of religious associations created by citizens. This principle is more widely developed in Article 10 of the Law “On Freedom of Religion”, which indicates the equality of religions and religious associations, which do not enjoy any advantages and cannot be subjected to any restrictions compared to others. The state is neutral in matters of freedom of religion and belief; does not take the side of any religion or worldview. The secular nature of the state does not mean that it does not interact with religious organizations. The state issues laws that ensure the implementation of religious freedom, and establishes responsibility for its violation, insulting the religious feelings of citizens (see commentary to Article 28). Since the activities of religious associations must be legal, they must have a charter and be registered with the Ministry of Justice of the Russian Federation. The procedure for the formation and registration of religious associations, their rights in charitable, informational, cultural and educational, property, financial activities, in international relations and contacts are regulated by Articles 17-28 of the Law.
A special problem that needs legal regulation is the situation of religious associations created by foreign citizens and stateless persons. According to Article 4 of the Law "On Freedom of Religion", such a right is recognized, however, the legal regulation of the creation, registration, activity and termination of activity covered only religious associations created by citizens of the Russian Federation (Articles 15-32 of the Law). Meanwhile, the legislation should, in accordance with Article 14 of the Constitution, resolve this problem, determine the boundaries of the activities of religious associations of foreign citizens in the field of education, health, culture, and television and radio broadcasting. In addition, since freedom of conscience has been violated in our country for a number of decades, including the material foundations of traditional mass religions, it is necessary to protect them from foreign religious expansion. There should be no room for market competition in this area.
The state reacts to the emergence of pseudo-religious organizations that form paramilitary groups, manipulate the psyche of the individual, forcibly keep their members in the association. Such are the so-called totalitarian sects "Aum Shinrikyo", "White Brotherhood", etc. Regarding such organizations, the state, including the Russian Federation, prohibits their activities by legal means and, if necessary, takes measures of state coercion.
The state in its activities takes into account the interests of religious associations. In accordance with the order of the President of the Russian Federation of April 24, 1995 No. the Regulations on the Council for Interaction with Religious Associations under the President of the Russian Federation were developed, approved by the latter on August 2, 1995.
In accordance with Article 1 of the Regulations, the Council is advisory in nature, and its members carry out their activities on a voluntary basis. The Regulation regulates the interaction of the President of the Russian Federation with members of the Council representing various religious associations. Members of the Council take part in the development of a modern concept of relations between the state and these associations, in the preparation of legislative acts. The composition of the Council, which included representatives of nine faiths, is able to ensure the task set in Article 4 of the Regulations to maintain interfaith dialogue, achieve mutual tolerance and respect in relations between representatives of different faiths (see also

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1. The Russian Federation is a secular state. No religion can be established as a state or obligatory one.

2. Religious associations are separated from the state and are equal before the law.

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