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Freedom Of Religion And Religious Organizations

Original Language Title: О свободе вероисповедания и религиозных организациях

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Freedom of religion and religious organizations (statements of the Mejlis of Turkmenistan, 2003, no. 4, art. 37) (with amendments and additions as the laws of Turkmenistan from 16.03.2004 № 217-II, 18.04.2009, no. 32-IV, 02.07.2009, no. 44-IV, 03.05.2014, no. 75-V, 16.08.2014, no. 112-V and from 23.05.2015 № 228-V) Turkmenistan, reaffirming the right of everyone to freedom of religion , as well as equality before the law irrespective of their attitude to religion and belief, based on the fact that Turkmenistan is a secular State, recognizing the special role of the Islam in the long history of Turkmenistan, in the formation and development of its spirituality and culture, while respecting other religions, considering it important to promote mutual understanding, tolerance and respect in matters relating to freedom of religion, takes this law.
 
Chapter i. General provisions article 1. Subject of this law this law in accordance with the Constitution of Turkmenistan regulates relations in the sphere of human and citizens ' rights to freedom of religion, as well as the legal status of religious groups and religious organizations (hereinafter referred to as "a religious organization).
 
Article 2. Legislation on freedom of religion and religious organizations, legislation on freedom of religion and religious organizations is based on the Constitution of Turkmenistan, and consists of this law and other normative legal acts of Turkmenistan.
If the international treaties to which Turkmenistan is a party stipulates other rules than those contained in this Act, the regulations of the international agreements.
 
Article 3. The right to freedom of religion, freedom of religion is guaranteed by the constitutional right of citizens to profess any religion or to profess no religion, to express and disseminate beliefs associated with his or her attitude to religion, to participate in religious cults, rituals, and ceremonies.
It is not permitted in determining their attitude to religion, to profess or neispovedovaniû religion, to participate or not to participate in worship, religious rites and ceremonies, or to receive religious education.
Not allowed minors to religious organizations nor may they be taught religion against their will or the will of their parents or persons acting in their stead.
The realization of the right to freedom of religion may not be contrary to the established public policy, it can be temporarily restricted if necessary to ensure national security and public order, life, health, morals, rights and freedoms of other citizens.
Foreign citizens and stateless persons residing permanently or temporarily in the territory of Turkmenistan, shall enjoy the right to freedom of religion on the same footing as Turkmen citizens and bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 4. The equality of citizens irrespective of their attitude to religion, the citizens of Turkmenistan are equal before the law in all fields of civil, political, economic, social and cultural life, regardless of their religious beliefs. Reference in the official documents of the citizen's attitude to religion is not allowed.
Any direct or indirect restriction of rights or the establishment of any advantages for citizens depending on their religious and atheistic beliefs, as well as arousal related enmity or hatred or insult the feelings of the citizens, shall be punishable in accordance with the legislation of Turkmenistan.
Nobody can, explanations of their religious beliefs, to shy away from duties provided for by the legislation of Turkmenistan. Replacement of one execution responsibilities to another for reasons of religious beliefs is allowed only in cases stipulated by the legislation of Turkmenistan.
 
Article 5. The State and religious organizations, Turkmenistan is a secular State. Religious organizations in Turkmenistan are separated from the State.
The establishment of any advantages or restrictions on one religion or belief in relation to others is not allowed.
The State shall establish a climate of mutual tolerance and respect among citizens, organizations and do not practise a religion, religious organizations and their members of different faiths, does not allow religious or other manifestations of fanaticism and extremism, actions aimed at contrasting and tensions, hostility among religious organizations.
Turkmenistan does not impose religious organizations any public functions does not interfere in the activities of religious organizations, if it does not contradict the legislation of Turkmenistan. The State does not finance the activities of religious organizations and activities promoting atheism.
In Turkmenistan are not permitted the establishment and activities of political parties and social movements based on religious grounds, as well as branches and offices of the religious parties created outside the State.
The activities of religious organizations is incompatible with the conduct of political propaganda.

Religious organizations are required to comply with the legislation of Turkmenistan. Do not use religion to anti-State, unconstitutional propaganda, animosity, hatred, ethnic hatred, violation of morals and civil accord in society, dissemination of slanderous fabrications destabilization, creating panic among the population and unhealthy relationships between people, as well as any other action directed against the State, society and the individual. Prohibits activities of religious organizations, movements, sects and other organizations that promote terrorism, illicit trafficking in narcotic drugs or psychotropic substances and commit other crimes, as well as promoting them in addition, secretly conducting religious activities, including conducting her at home.
Prohibits activities of religious organizations, movements, sects and other organizations that promote terrorism, illicit trafficking in narcotic drugs and other crimes, as well as their advocate.
Any attempt to put pressure on public authorities and officials, as well as illegal religious activities, including those undertaken at home, persecuted the legislation of Turkmenistan.
 
Article 6. Education and religion, the system of education in Turkmenistan is separate from religious organizations and is secular in nature.
The right to secular education is provided by Turkmen citizens, irrespective of their attitude to religion.
Turkmen citizens have the right to study spiritual dogma, to receive religious education of their choice individually or jointly with others.
Based on the approval of the Commission on work with religious organizations and examination resources containing religious information, publishing and polygraphic production in Turkmenistan, with the consent of the parents or persons acting in their stead, as well as the children themselves may be teaching children the spiritual doctrine in mosques away from secondary school, but no more than four hours per week.
Teach dogma can graduates of special higher seminaries and with the permission of the Commission on work with religious organizations and examination resources containing religious information, publishing and polygraphic production in Turkmenistan.
The teaching of spiritual beliefs in private is prohibited and punishable in the manner prescribed by the legislation of Turkmenistan.
 
Article 7. State organs and religious organizations, the Commission on work with religious organizations and examination resources containing religious information, publishing and polygraphic production in Turkmenistan (hereinafter referred to as the Commission) performs tasks relating to the coordination of the activities of religious organizations, and organizes its activities in accordance with the regulations, approved in the prescribed manner.
The Commission has the following powers:-contributes to the realization of the constitutional rights and guarantees in the sphere of religious relations;
-gives consent for the appointment of Heads of religious organizations, spiritual centers which are outside Turkmenistan;
-organizes the work associated with the establishment of the Expert Council of theologians, representatives of religious organizations and specialists on the problem of the rights of man and the citizen to conduct the examination and submission of denominational where necessary, official expert opinion on requests of relevant government authorities and courts;
-prepares proposals for registration of religious organizations the Ministry of Adalat Turkmenistan;
-supervises the activities of religious organizations for the execution of the legislation on freedom of religion and religious organizations in Turkmenistan;
 -represents the interests in State bodies of religious organizations and operating on the territory of Turkmenistan;
-consider the appeals of citizens associated with the activities of religious organizations, takes measures to rectify identified shortcomings and violations, as well as gives clarifications on the application of this Act;
-creates and maintains a database of religious organizations in Turkmenistan;
-promotes understanding and tolerance among religious organizations of various denominations as inside Turkmenistan, and beyond;
-contacts and coordinates communication with religious institutions abroad and Government of Turkmenistan;
-perform other tasks referred to its jurisdiction by the legislation of Turkmenistan.
 
CHAPTER II. RELIGIOUS ORGANIZATIONS in Turkmenistan, Article 8. Religious organization religious organization recognized by the voluntary association of citizens of Turkmenistan, formed for the purpose of joint confession and spreading the faith, officiating and other rites and ceremonies, and conducting religious education and registered in the order established by the legislation of Turkmenistan.
Religious organization is created upon an initiative of not less than five Turkmen citizens who have attained the age of majority and permanently residing on the territory of Turkmenistan.

A religious group must have no more than fifty citizens of Turkmenistan, a religious organization-more than fifty.
Citizen of Turkmenistan, which has received an appropriate religious education may be the head of a religious organization registered in Turkmenistan, including having a spiritual center outside Turkmenistan.
The head of a religious organization having spiritual center outside Turkmenistan, shall be appointed in agreement with the Commission.
Religious organizations with spiritual centers abroad, carry out administration of worship, as well as the training of the clergy and religious personnel in the manner prescribed by those centres, unless is violated the legislation of Turkmenistan.
Religious organizations in accordance with their statutes and the laws of Turkmenistan have the right to establish and maintain international contacts in order to implement the pilgrimages and participation in other religious activities with the consent of the Commission.
 
Article 9. Seminaries, the Commission may propose to the Cabinet of Ministers of Turkmenistan to establish a spiritual institution for the training of clergy and staff required religious organizations.
Seminaries are entitled to operate after their registration by the Ministry of Adalat in Turkmenistan and in the manner prescribed by the legislation obtaining licenses for carrying out activities in the field of education and vocational training in accordance with the legislation of Turkmenistan.
To study in the higher spiritual institution accepted citizens after they obtain a compulsory general secondary education in accordance with the Turkmenistan law "on education".
Turkmen citizens can receive religious education at the Theological Faculty of the Turkmen State University. Makhtumkuli.
Turkmen citizens studying in higher spiritual institution enjoy the same rights and privileges to defer military service, the incorporation of training time in seniority in the manner prescribed by the legislation of Turkmenistan Government schools.
 
Article 10. Charter of religious organization religious organization operates on the basis of the Charter, which is approved by its founders.
Religious organization's Charter must contain the following information:-name, type of religious organization, address, religion;
-objectives, tasks and main activities;
 -the conditions and the procedure for reorganization and liquidation, as well as the distribution of property;
-structure and governing bodies, their formation and powers;
-sources of education funds and other assets of the Organization;
-procedure for introducing amendments and additions to the Charter;
-the procedure for entry into and exit from the religious organization;
-other information related to the activities of religious organizations.
The statutes of religious organizations with central Governments, must be consistent with these authorities.
 
Article 11. Registration of religious organizations to Register religious organizations are registered by the Ministry of Adalat Turkmenistan on the Commission. Religious organizations have the right legal entity from the moment of registration and incorporation into the unified State Register of legal entities.
The activities of an unregistered religious organization is prohibited. The person who performs activities on behalf of an unregistered religious organization is liable in accordance with the legislation of Turkmenistan.
For the purposes of the registration of religious organizations the following documents shall be submitted:-a statement signed by the founders and members of a religious organization, with an indication of the place of residence, names, patronymic names and dates of birth;
-Constitution of the religious organization;
-the minutes of the founding meeting;
-a document confirming location of a religious organization to be created;
-proof of payment of the registration fee.
Application for registration of religious organizations is dealt with in a month from the day of filing.
Ministry of Adalat in Turkmenistan have the right to request additional materials, and get an expert opinion relevant bodies. In this case, the decision shall be taken within three months from the date of filing of the application for registration.
Additions and amendments to the Charter of religious organizations are subject to registration in the same manner and at the same time as the registration of religious organizations.
 
Article 12. refusal to register a religious organization religious organization may be refused registration on the following grounds:-If the organization is not recognized as a religion;
-If the provisions of the Charter and other documents do not comply with the requirements of this Act and other legislation of Turkmenistan;
-If they contain deliberately false information;
-If the founders are incompetent.
In case of refusal to register religious organizations applicants are informed of this in writing with an indication of the grounds for refusal of registration.
Refusal to register a religious organization is not an obstacle for submitting documents for registration under condition of elimination of reasons that caused the failure.
Consideration of hitting and making decisions thereon shall be made in the manner provided by this Act.
 

Article 13. Appeal against the refusal to register religious organizations refusal to register a religious organization may be appealed to the Court in the manner prescribed by the legislation of Turkmenistan.
 
Article 14. Elimination of religious organizations, Religious organizations can be eliminated:-decision of founders or body authorized by the Charter of the religious organization;
-in case of cancellation of the registration by the Ministry of Adalat Turkmenistan;
-Court decision in the case of repeated or gross violation of the Constitution of Turkmenistan, this Act and other laws;
-in the case of systematic implementation of religious organization activity contrary to the purposes of its creation (statutory goals).
Grounds for elimination of religious organization in judicial procedure are:-violation of public security and public order, undermine the security of the State;
-actions aimed at violent change of the foundations of the constitutional order and violating the integrity of the Turkmen State;
-creation of armed formations;
-war propaganda, incitement of social, racial, national or religious hatred;
-interference in family relations, which led to the breakdown of the family;
-infringement of the rights and freedoms of citizens;
-application installed in accordance with the law, morality, health damage, including use in connection with their religious activities of narcotic and psychotropic drugs, hypnosis and the perpetration of unlawful acts;
-obstructing access to compulsory education;
-forcing members of religious organizations and other persons belonging to the alienation of property in favour of the religious organization;
-encouraging citizens to renounce the execution of statutory civil responsibilities and commit other illegal acts.
The decision to terminate the activities of a religious organization was adopted by the Ministry of Adalat Turkmenistan in agreement with the Commission.
The organs of the Procurator's Office, the Ministry of Turkmenistan's Adalat, which performs the registration of religious organizations, as well as local authorities may make a submission to the Court concerning the Elimination of religious organization, or banning the activities of religious organizations.
The legal capacity of liquidating a religious organization as a legal entity is terminated and the assets of this religious organization shall be distributed in accordance with its Constitution and laws of Turkmenistan.
 
CHAPTER III. PROPERTY of RELIGIOUS ORGANIZATIONS, Article 15. Property owned by religious organizations, religious organizations can be buildings, structures, objects, objects of industrial, social and charitable purposes, money and other property necessary for their operation, as well as acquired or created by them at their own expense, donated (bequeathed) by citizens, public associations or transferred to the State, as well as located abroad and acquired on other grounds stipulated by the legislation of Turkmenistan.
Religious organizations and their members and participants must register at the Ministry of Adalat Turkmenistan grant projects and programs of foreign technical, financial, humanitarian assistance and grants, as well as provide milestone and final reports on the implementation of projects, programs and data on the use of grants.
State agencies of Turkmenistan may refer to religious organizations or donated religious buildings and other property owned by the State, in the manner determined by the legislation of Turkmenistan.
Religious organizations own and use land in Turkmenistan, in the manner prescribed by the legislation of Turkmenistan.
 
Article 16. Use of property, are the property of Turkmenistan, social organizations or citizens of religious organizations are entitled to use the building for their needs and equipment available to them on a contractual basis by the State, social organizations or citizens.
Religious organizations shall have a preferential right to transfer them to worship with the adjoining territory.
The decision to transfer the religious organizations of religious buildings and property must be made no later than one month from the date of receipt of the relevant application, with simultaneous presentation of the applicants in writing.
Transfer of religious organizations and their use of objects and items which are the monuments of history and culture, are carried out in accordance with the legislation of Turkmenistan.
 
Article 17. Industrial-economic activities the central governing bodies of religious organizations, on the basis of statutory purposes, shall have the right to establish production, restoration and construction, agricultural and other business enterprises in accordance with the legislation of Turkmenistan.
 
Article 18. Disposition of property of religious organizations that have stopped their activities after the termination of the activities of religious organizations equipment provided them for use by the public, a public organization or citizens, is returned to the previous owner or successor in title.

Upon termination of the activities of religious organizations in order for its property shall be carried out in accordance with its Constitution and laws of Turkmenistan. List of iconic destination that cannot be levied on creditors ' claims is established by the Cabinet of Ministers of Turkmenistan for submission to the Commission.
In the absence of successors property becomes the property of the State.
 
CHAPTER IV. The RIGHTS of RELIGIOUS organizations and citizens, RELATING TO FREEDOM OF RELIGION, article 19. Religious rites and ceremonies, religious organizations have the right freely to found and maintain accessible places of worship or religious rites and also contain places of pilgrimage.
Worship, religious rites and ceremonies are held at the location of the religious organizations in places of worship and prayer and its territories, places of pilgrimage, at cemeteries, in the case of the ritual necessary in the homes of citizens at their request.
The command of the troops does not preclude participation in religious services and implementation of worship by members of the armed forces in their spare time.
Worship and religious ceremonies in hospitals, hospitals, homes for the elderly and disabled, in places of detention and the serving of sentences are carried out at the request of the citizens.
The administration of these agencies assists in inviting clergy takes part in determining time, place and other conditions of service, rite or ceremony.
Public worship, religious rites and ceremonies outside of cult and worship buildings are carried out in the manner prescribed by the legislation of Turkmenistan.
The emergence of Turkmen citizens (with the exception of Ministers of religious organizations) in public places in religious dress is not permitted.
Religious organizations do not have the right to carry out compulsory fees and taxation of believers, as well as to apply measures which undermine their honor and dignity.
 
Article 20. Religious literature and objects of religious destination Turkmen citizens and religious organizations are entitled to acquire and use religious literature in any language of their choice, as well as other objects and materials for religious purposes.
Not allowed to manufacture, import, export, distribution of literature, contributing to the incitement of religious, national and ethnic and racial discord. These acts are punishable, established by the legislation of Turkmenistan.
Delivery and sale of religious literature, published in foreign countries, carried out after the Board's examination of its content in a manner prescribed by the legislation of Turkmenistan.
Production, storage and distribution of publications, film, photo, audio, video and other materials containing ideas of religious extremism, separatism and fundamentalism, punishable in accordance with the legislation of Turkmenistan.
 
Article 21. Charitable, cultural and educational activities of religious organizations, religious organizations are entitled to exercise mercy, charity or other cultural and educational activities both independently and through public funds.
 
Chapter v. LABOUR RELATIONS and taxation in religious organizations Article 22. labour relations in religious organizations On citizens working in religious organizations, as well as their enterprises on employment contracts (contracts) is subject to the legislation of Turkmenistan. These citizens may be members of trade unions.
 
Article 23. Taxation Taxation in religious organizations in religious organizations and their enterprises is carried out in accordance with the tax laws of Turkmenistan.
 
Article 24. Social security and social insurance of citizens working in religious organizations and on their premises Turkmen citizens working in religious organizations, as well as on their premises, including clergy, are subject to social security and social insurance on an equal footing with workers and employees of State enterprises, institutions and organizations of Turkmenistan.
To this end, religious organizations and their businesses are making contributions to State social insurance in the manner and amount prescribed for State enterprises, institutions and organizations, as well as contribute to voluntary pension insurance contracts of the citizens in the manner prescribed by the legislation of Turkmenistan.
All nationals working in religious organizations and on their premises, State pensions are granted and paid on the same basis in accordance with the legislation of Turkmenistan.
 
CHAPTER VI. Control and supervision of the ACTIVITIES of RELIGIOUS ORGANIZATIONS, Article 25. Control and supervision of the activities of religious organizations
 

Ministry of Adalat Turkmenistan monitors compliance of the activities of the religious organizations of their statutory goals. Ministry of Adalat in Turkmenistan have the right to request the governing bodies of religious organizations of their constituent documents; to send their representatives to participate in the activities of religious organizations; receive clarification from members of religious organizations and other citizens on issues related to compliance with the Charter; in the event of violations of the legislation of Turkmenistan religious organizations or committing actions contrary to their statutory goals, could make to the governing bodies of those organizations in writing with an indication of the reason for the warning.
Ministry of Adalat Turkmenistan unregisters if religious organization shifted largely to the entrepreneurial activity or the implementation of statutory objectives becomes impossible.
If a religious organization for more than two written warnings or instructions to rectify violations, as well as failure in the course of the year the Ministry of Adalat Turkmenistan updated information, subject to registration, Ministry of Adalat may file in court a statement on Elimination of religious organization.
Turkmenistan's Prosecutor General and the prosecutors subordinate to him shall supervise the execution of the legislation on freedom of religion and religious organizations.
Financial and taxation authorities exercise control over the sources of income of religious organizations, the size of funds and payment of taxes and fees in accordance with the legislation of Turkmenistan.
Ministry of Adalat in the order established by the legislation of Turkmenistan, is the authorized State body on counteraction to legalization of criminal proceeds and terrorism financing information on grant projects and programs of foreign technical, financial, humanitarian assistance and grants if their sum is greater than the size of a fixed amount or is not specific to the activities of a religious organization receiving the assistance.
Supervision and monitoring of religious organizations of existing norms and standards may be environmental, fire, sanitary-epidemiological and other bodies of the State supervision and control.
 
Article 26. Responsibility for violation of legislation on freedom of religion and religious organizations, officials and citizens of Turkmenistan and other persons guilty of violation of the legislation on freedom of religion and religious organizations shall bear responsibility in accordance with the legislation of Turkmenistan.
 
CHAPTER VII. Final clauses article 27. Final provisions the charters and other founding documents of religious organizations that were created before the entry into force of this Law shall be subject to adjustment in accordance with the present law.
Abrogating the law of Turkmenistan "on freedom of conscience and religious organizations in Turkmenistan, adopted May 29, 1991 year, with subsequent amendments and additions, from the date of entry into force of this Act.
 
President of Turkmenistan Saparmurat Turkmenbashi mountains. Ashgabat October 21, 2003 No. 199-II