Wednesday, December 18, 2019

Russian Court Liberalizes Allowed Religious Use of Residences

Forum 18 reports this week on a November 2019 decision by Russia's Constitutional Court liberalizing the permissible religious uses of buildings that are zoned for residential purposes. The report explains:
The case followed a fine imposed on Olga Glamozdinova, a Seventh-day Adventist in Rostov Region, for granting free use of a room in her house to her Church and allowing them to use it as its legal address, when the land is designated for personal part-time crop cultivation. This land use permits the construction of a dwelling, but not of a religious building.
Glamozdinova argued that the house is also occupied as a dwelling by an acquaintance who also tends the crops on the plot, and the congregation uses the room for only four hours per week. The fine was upheld on appeal at both district and regional courts, but the Constitutional Court has now ruled that Glamozdinova's fine is subject to review because the law had been incorrectly applied in her case....
The Court stated, however, that religious use of residential premises must take into account the rights and legitimate interests of residents and neighbours, and the requirements of health and safety and environmental protection legislation. The Court also stated that it would be "unacceptable" for a dwelling to lose the features of residential premises and acquire those of a religious or administrative building....
This November 2019 Constitutional Court ruling may lead to fewer fines being imposed on religious organisations and individuals, but this will depend on Federal Service for State Registration, Cadastre and Cartography (Rosreestr) and other officials....