Сойфер Т.В. Гражданско-правовой статус религиозных объединений

Аннотация: This article is concerned with the research of legal status features of religious associations as civil matters participants. Author puts into practice historical – legal analysis of the legislation development on religious associations, discover the modern state of legal relationships regulation, arising in connection with creation and activity these organizations. It is thus marked inconsistency of legal regulation, consisting in that the public and religious associations admit a uniform organizational-legal form of noncommercial legal bodies , but for them are established a different legal regimes. In this connection there are two probable positions: 1) religious association – is a specific version of public associations; 2) public and religious associations are diverse concepts and they can not be corresponded as general and private. In result it is formed a conclusion about presence at religious organization the special signs, which testify its recognition importance the independent form of noncommercial bodies. This article is also focused on the legal status specificity of different kinds of religious associations, an opportunity to create them are providing by law: religious groups, local and central religious organizations, establishments and organizations created by central religious organizations. On the basis of their essence and structure research the way of create and activity express ones views, that in special legislation the term religious association is using as generalize meaning not the organizational – law form of legal body, it means some organizations of different nature law, for example to a religious associations, representing a voluntary citizens association which unreasonable belonged to religious establishment, being on character the unitary. Author turns attention to occurrence and termination of religious associations as civil law subject. A circle of persons are investigated capable to act as founders and participants of religious organization of different kinds, demands made to their, feautures of the state registration as legal bodies the bases and an order their liquidation. In article scrutinizes the main ways of religious associations property formation, including gratuitous transfer in their property or using the state property or municipal property of religious appointment, are defind conditions, order and limits of realization enterprise activity by religious associations it is direct and through created commercial legal bodies.

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Abstract: This article is concerned with the research of legal status features of religious associations as civil matters participants. Author puts into practice historical – legal analysis of the legislation development on religious associations, discover the modern state of legal relationships regulation, arising in connection with creation and activity these organizations. It is thus marked inconsistency of legal regulation, consisting in that the public and religious associations admit a uniform organizational-legal form of noncommercial legal bodies , but for them are established a different legal regimes. In this connection there are two probable positions: 1) religious association – is a specific version of public associations; 2) public and religious associations are diverse concepts and they can not be corresponded as general and private. In result it is formed a conclusion about presence at religious organization the special signs, which testify its recognition importance the independent form of noncommercial bodies. This article is also focused on the legal status specificity of different kinds of religious associations, an opportunity to create them are providing by law: religious groups, local and central religious organizations, establishments and organizations created by central religious organizations. On the basis of their essence and structure research the way of create and activity express ones views, that in special legislation the term religious association is using as generalize meaning not the organizational – law form of legal body, it means some organizations of different nature law, for example to a religious associations, representing a voluntary citizens association which unreasonable belonged to religious establishment, being on character the unitary. Author turns attention to occurrence and termination of religious associations as civil law subject. A circle of persons are investigated capable to act as founders and participants of religious organization of different kinds, demands made to their, feautures of the state registration as legal bodies the bases and an order their liquidation. In article scrutinizes the main ways of religious associations property formation, including gratuitous transfer in their property or using the state property or municipal property of religious appointment, are defind conditions, order and limits of realization enterprise activity by religious associations it is direct and through created commercial legal bodies.

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