On some problems of administrative and civil proceedings in cases of liquidation and prohibition of the activities of religious organizations
https://doi.org/10.31429/20785836-15-3-47-52
Abstract
The aim of the work is to highlight the issue of the correlation between the application of civil procedural rules and the norms of the Code of Administrative Procedure of the Russian Federation when considering cases on the termination of the activities of religious organizations. It cannot be said that this is an absolutely new direction of research, but the practice of applying the norms under study makes it necessary to give them a proper theoretical and practical assessment. An attempt is made to highlight a more general problem of the relationship between civil and administrative processes using a particular example.
The objectives of the work include the illustration and analysis of theoretical, research, as well as the practice of applying procedural norms in connection with the decision on the termination of the activities of religious organizations.
Various grounds for terminating the activities of religious associations may have a different sectoral nature, however, legal proceedings in this category of cases are not differentiated between the norms of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, as in cases with other non-profit organizations.
The thesis is proved that the division of procedural norms is secondary, derived from the grounds for the termination of the activities of religious organizations. At the same time, going to court in accordance with the Code of Civil Procedure of the Russian Federation is not a prerequisite for the liquidation of a religious organization, but may be the result of disagreements in the governing body of a religious organization.
About the Authors
E. B. LuparevRussian Federation
Evgeniy B. Luparev
Dr. of Sci. (Law), Professor, Academician of the Eurasian Academy of Administrative Sciences, Deputy Dean of the A.A. Khmyrov Faculty of Law for Research, Head of the Department of Constitutional and Administrative Law
Stavropol str., 149, Krasnodar, Russia, 350040
Author ID: 57200337167
ResearcherID: AAY-9983-2021
Yu. A. Popova
Russian Federation
Yulia A. Popova
Dr. of Sci. (Law), Professor, Professor of the Department of Civil Procedure and International Law
Author ID: 671457
Stavropol str., 149, Krasnodar, Russia, 350040
V. I. Tretyakov
Russian Federation
Vladimir I. Tretyakov
Dr. of Sci. (Law), Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Constitutional and Administrative Law
Stavropol str., 149, Krasnodar, Russia, 350040
AuthorID: 453765
References
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4. Tarasevich I.A. [Constitutional and legal status of the Russian Orthodox Church in the Russian Federation]. Konstitutsionnoe i munitsipal'noe parvo = Constitutional and municipal law. (In Russ.)]
Review
For citations:
Luparev E.B., Popova Yu.A., Tretyakov V.I. On some problems of administrative and civil proceedings in cases of liquidation and prohibition of the activities of religious organizations. Legal Bulletin of the Kuban State University. 2023;(3):47-52. (In Russ.) https://doi.org/10.31429/20785836-15-3-47-52