On behalf of the Russian Federation
of November 17, 2020 No. 47-P
On the case of check of constitutionality of Item 1 of article 2 of the Federal Law "About Transfer to the Religious Organizations of Property of the Religious Appointment Which Is in the State-owned or Municipal Property" in connection with the claim of the local religious Community of Orthodox Church of the Mother of God Majestic Cities organization of Tver
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, V. G. Yaroslavtsev,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of Item 1 of article 2 of the Federal Law "About Transfer to the Religious Organizations of Property of the Religious Appointment Which Is in the State-owned or Municipal Property".
Reason for consideration of the case was the claim of the local religious Community of Orthodox Church of the Mother of God Majestic Cities organization of Tver. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.
Having heard the message of the judge-speaker L. M. Zharkova, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
established:
1. According to Item 1 of article 2 of the Federal Law of November 30, 2010 No. 327-FZ "About transfer to the religious organizations of property of the religious appointment which is in the state-owned or municipal property" for the purposes of this Federal Law is understood as property of religious appointment the real estate (rooms, buildings, structures, constructions, including objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, monastic, temple and (or) other cult complexes) built for implementation and (or) providing such types of activity of the religious organizations as making of church services, other religious practices and ceremonies, holding church and religious meetings, training of religion, professional religious education, monastic life activity, religious honoring (pilgrimage) including buildings for temporary residence of pilgrims, and also personal estate of religious appointment (pieces of internal furniture of cult buildings and constructions, the objects intended for church services and other religious purposes).
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