FEDERAL LAW OF THE RUSSIAN FEDERATION

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

Accepted by the State Duma on November 19, 2010

Approved by the Federation Council on November 24, 2010

Article 1. Subject of regulation of this Federal Law

1. This Federal Law determines procedure for voluntary conveyance in property or free use to the religious organizations of property of the religious appointment which is in federal property, property of subjects of the Russian Federation or municipal property (further - the state-owned or municipal property of religious appointment).

2. Operation of this Federal Law does not extend to property of religious appointment which belongs to the museum objects and museum collections included in structure of Museum fund of the Russian Federation, to either the documents of Archival fund of the Russian Federation or documents relating to national library stock and procedure for the order which it is regulated respectively by the legislation of the Russian Federation on Museum fund of the Russian Federation and the museums in the Russian Federation, the legislation on archiving in the Russian Federation, the legislation of the Russian Federation on library science.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) 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, including material and other, 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 activities, charity, social servicing, religious honoring (pilgrimage), including the building 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);

2) authorized body - federal executive body, either public authority of the subject of the Russian Federation, or local government body which are authorized respectively by the Federal Laws, other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of the subject of the Russian Federation, municipal legal acts on decision making about transfer of the state-owned or municipal property of religious appointment to the religious organizations.

Article 3. Principles of transfer of the state-owned or municipal property of religious appointment to the religious organizations

1. The state-owned or municipal property of religious appointment is donated to the religious organization for use according to the purposes of activities of the religious organization determined by its charter.

2. The state-owned or municipal property of religious appointment is alienated from the state-owned or municipal property only in property of the religious organizations (except cases of cession of property from federal property in property of the subject of the Russian Federation or municipal property, from property of the subject of the Russian Federation in federal property or municipal property, from municipal property in federal property or property of the subject of the Russian Federation).

2.1. The property of religious appointment which is in the state-owned or municipal property is not subject to privatization.

2.2. Transactions of privatization of property of the religious appointment which is in the state-owned or municipal property are invalid.

3. The cession of property of religious appointment from federal property in property of the subject of the Russian Federation or municipal property, from property of the subject of the Russian Federation in federal property or municipal property, from municipal property in federal property or property of the subject of the Russian Federation does not involve loss of the right of the religious organization to the address to the new owner of property of religious appointment for consideration of question of transfer it in property or free use of the religious organization.

4. The cession of property of religious appointment to the religious organizations is performed by authorized body taking into account confessional accessory of the specified property in accordance with the legislation of the Russian Federation about liberty of conscience, religious liberty and about religious associations.

5. The property which is earlier transferred to free use of the religious organization can be transferred in the procedure for other religious organization established by this Federal Law only in case of the termination in accordance with the established procedure of the rights to this property of the religious organization to which it was transferred earlier.

Article 4. Forms of transfer of the state-owned or municipal property of religious appointment to the religious organizations

1. Transfer of the state-owned or municipal property of religious appointment to the religious organization is performed in:

1) property;

2) free use for the term determined in coordination with the religious organization.

2. Transfer of the state-owned or municipal property of religious appointment to free use of the religious organization is performed if:

1) this property is not subject to alienation from the state-owned or municipal property in accordance with the legislation of the Russian Federation;

2) transfer of this property to free use is offered by the most religious organization;

3) this property is the room which is in the building, structure, construction which are not relating to property of religious appointment according to article 2 of this Federal Law.

3. The religious organization to which the state-owned or municipal property of religious appointment is transferred to free use has the right to receive it in property, except for the property specified in Items 1 and 3 of part 2 of this Article, in the procedure established by this Federal Law in case of submission to authorized body of the documents provided by the list approved by the Government of the Russian Federation.

4. Approximate form of the agreement of free use by the state-owned or municipal property of religious appointment, approximate form of the decision on transfer of the religious organization to property or free use of property of religious appointment affirm the federal executive body authorized by the Government of the Russian Federation.

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