Transfer of religious property to religious organizations: problems and prospects

Abstract

The article discusses some legal problems associated with the transfer of religious property, which is in state or municipal ownership, to religious organizations, and also suggests possible ways to solve them. Based on the analysis of the current legislation and materials of law enforcement practice, the shortcomings of legislative approaches to the definition of objects with a religious purpose that are subject to transfer to religious organizations are revealed. The authors note certain features of the essence and legal status of religious organizations, their internal structure and property regime. It is substantiated that these features should be taken into account when improving the normative regulation of relations related to the transfer of property of public legal entities to religious organizations. The peculiarities of their internal structure and ownership regime should also be taken into account. The opinion is expressed on the need to limit the range of religious organizations that can receive state and municipal property into ownership; on the expediency of adjusting the rules on the gratuitous use of religious property in connection with the special nature of the emerging relations. Particular attention is paid to the problematic aspects of the transfer of religious property belonging to the categories of cultural heritage objects and museum items to religious organizations.