Legge 23 luglio 1997

Law on Religious Communities and Religious Groups, 23 luglio 1997.

I. COMMON REGULATIONS

ART. 1

This Law regulates the position of the religious communities, their foundation and operation, religious instruction and religious schools as a form of realization of the religious freedom and faith expression.

ART. 2

The religious communities or groups are free in performing religious activities and rituals.

ART. 3

Only registered religious community or group can perform religious activities and rituals in the Republic of Macedonia.
The religious communities and groups are performing their activities in accordance with the Constitution, laws and other regulations.

ART. 4

It is forbidden for the citizen to be forced or obstructed in any way to become or to be a member of certain religious community or group.
It is forbidden for the citizen to be forced to take participation or not to take participation into religious rituals or other kinds of faith expression.
The citizen cannot be deprived of the rights he has according to the Constitution and Law due to his religion determination, belonging to certain religious community or group, performing or participating in religious rituals and other kinds of faith expression.
The expressing of the confession of faith or the belonging to certain religious community or group doesn’t release the citizen from the obligations he has according to the Constitution, laws and other regulations.

ART. 5

Foreign citizen may, upon a request of a religious community or group to perform religious activities and rituals after previous permission of the authority in charge for the religious affairs.

ART. 6

Religious gatherings, religious rituals, religious press, religious instruction, religious schools and other kinds of faith expression cannot be used in political aims, for encouragement religious, national and other kind of impatience as well as for other actions forbidden with the Constitution and law.

ART. 7

Religious communities and groups may establish religious schools in procedure and under conditions regulated by this law.
Religious communities and groups may establish social and humanitarian institutions in procedure and under conditions regulated by law.

II. RELIGIOUS COMMUNITIES AND RELIGIOUS GROUPS

ART. 8

Religious community, according to this law, is willingly organized, non-profitable community of believers of same confession of faith.
For one confession of faith only one registered religious community or group may exist.

ART.9

Religious group, according to this law, is willingly organized; non-profitable association of believers of same belief who does not belong to already registered religious community.
The citizens may freely and publicly establish religious groups, in accordance with this law.

ART.10

Religious group with its headquarters in the Republic of Macedonia, may be establish by at least 50 adults, citizens of the Republic of Macedonia, permanently residenced in the Republic of Macedonia.
The founders of a religious group make decision for establishment and other rules for regulation of its organization and operation at the assembly of the founders.

ART. 11

The founders of a religious group appoint a person (in charge) who will submit a registration form to the authority in charge for religious affairs in 30 days from the day of decision making.
The registration form from Paragraph 1 contains the following data: name of the religious community or group, data for the founders, its headquarters, subject of its operation, designation of the rooms where religious activities and rituals are performed and data for the persons in charge for operation and representation of the religious group.
The rules and other regulations on the organization and operation of the religious group as well as other data and documents which prove the fulfillment of the requirements, are enclosed to the registration form.

ART. 12

The name of the religious group should be different from the names of other already registered religious communities or groups.
It should be clear from the name that it is a religious community or group and the kind of faith expression.
The name of the religious community or group shouldn’t contain the word “Republic of Macedonia”, the names of other states, names of state or public authorities and institutions and other indications.
The headquarters of the religious community or group, which performs religious activities and rituals on the territory of the Republic of Macedonia, should be in the Republic of Macedonia.

ART. 13

Religious group that is established in accordance with this law is enrolled in the Register-book, which is run at the authority in charge for religious communities and groups.
The authority in charge of religious affairs prescribes the closer rules concerning the running and the contents of the register book.

ART. 14

Religious communities and groups have a feature of juridical persons.
Religious group obtains the feature of juridical person from the day of its enrolment in the register-book cited in Article 13 of this Law.
Religious communities or groups may establish social and humanitarian institutions in procedures determined by law.
Decisions of the authorities of the religious communities or groups do not have effect outside them. Documents of the authorities of the religious communities or groups do not have feature of public documents. [La parte in corsivo è stata dichiarata incostituzionale dalla Corte Costituzionale nel 1998]

ART. 15

Religious communities and groups may use mass media and publish printed materials within their operation in accordance with this law.
The working and utilization of the mass media and publishing from Paragraph 1 of this Article, as well as publishing advertisements with religious contents is performed in accordance with law.

ART. 16

Religious communities and groups may collect willing contributions for religious and humanitarian aims. The contributions may be collected in the facilities and places were religious rituals and religious activities are performed. Outside these facilities, permission from the authority in charge for internal affairs is needed.
The citizen should not be forced or thwarted to give contributions for the aims cited in Paragraph 1 of this Article.
Religious communities and groups cannot establish obligations to the believers for giving contributions cited in the Paragraph 1 of this Article.

ART. 17

The religious clerks and other persons who perform religious rituals and religious activities may receive from the citizens compensation, that is a fee for performing religious activities and rituals upon their request and in accordance with the regulations of the religious community or group.

ART. 18

Religious activities and religious rituals are performed in churches, mosques, and other temples, as well as in yards that are part of these facilities, on cemeteries and other facilities of the religious community or group.
Performing religious activities and religious rituals cited in Paragraph 1 of this Article cannot break the public order and peace, as well as the religious feelings and other freedoms and rights of the citizens who do not belong to the religious community or group.

ART. 19

Religious rituals and religious activities may be performed in other facilities and places accessible to the people as well, with permission of the authority in charge for internal affairs, and previous opinion of the authority in charge of religious affairs.
The organizer of the ritual submits the request for obtaining permission from Paragraph 1 of this Article at least 15 days before the day of its performing. The request contains the kind of ritual, who performs it, its aim, as well as the time and place of its performing.
The authority from Paragraph 1 of this Article informs the one who submits the request whether the performance of the religious ritual is permitted or not up to seven days before the day of performing the religious ritual.
By exception from Paragraph 1 of this Article, traditional religious ceremonies and activities in other facilities and places accessible to the citizens are being performed by previous informing the authority in charge for religious affairs.

Art. 20

A special permission for religious rituals that in accordance with the propositions of this law are performed upon the request of a citizen in his residence (family celebration, wedding, baptizing, circumcision, confession, blessing and alike) is not needed.
Religious ritual (baptizing, circumcision and alike) for an underage is allowed only with his parents’ or guardian’s agreement, and if the underage child is older than ten years, his own agreement as well. Necessary hygiene, health and other conditions are obligated for these rituals.
Persons who stay in hospitals and alike institutions may confess their faith and be visited upon their own request by priests in order to confess their faith and in accordance with the house rules of the institution.

Art. 21

In case when, in accordance with law, special measurements are undertaken for protection of the health of the citizens, the public order and peace, the security and property of larger range, the authority in charge for internal affairs may forbid religious gatherings and visits to religious manifestations during the period of existence of the circumstances that caused the undertaking of the special measurements.

ART. 22

Religious communities or religious groups may, in accordance with a law, have and acquire in ownership real estate and other resources needed for performing their activities.
For building or acquiring a facility intended for performing religious activities and rituals, besides the requirements determined by law, the religious community or group is obliged to provide positive opinion from the authority in charge of religious affairs. [La parte in corsivo è stata dichiarata incostituzionale dalla Corte Costituzionale nel 1998]

ART. 23

Persons in charge of the operation and representation of the religious group are obliged to submit to the authority in charge of religious affairs a registration form for each change of its status or cessation of the religious group in 30 days of the day of bringing of the decision for change or cessation.

III. RELIGIOUS INSTRUCTION AND RELIGIOUS SCHOOLS

ART. 24

Religious instruction may be performed only in public facilities where religious rituals and activities are performed.
If an underage visits religious instruction, he needs agreement from his parent or guardian, and if he is older than ten years, his agreement as well.
Religious instruction with students may be performed only when they do not have their regular lessons in the school.

ART. 25

Religious communities and groups have the right to establish religious schools at all levels of education, except in elementary education, for schooling religious officials, as well as student’s dormitories for students’ accommodation.
Religious school or dormitory from Paragraph 1 of this Article may be established, upon previous agreement from the authority in charge for religious affairs.
The Ministry Of Education And Physical Culture may conduct inspection in the curricula and their realization in accordance with the Constitution and law, in the sense of Article 6 of this Law.
Religious community or group is obliged to submit the information on establishing religious school, together with the act of the aims and internal organization of the school and curriculum in accordance with the regulations of this law, to the authority in charge of religious affairs at least three months before the day determined for beginning of its operating.
The authority in charge of religious affairs is obliged to deliver its opinion to the religious community or religious group in 60 days from the day of submitting of the information. If the agreement of the authority in charge of affairs is negative, the religious community or group has a right to object to the Government of Republic of Macedonia in 15 days from receiving the agreement.
Only persons with completed compulsory elementary education or persons who in accordance with law are not obliged to attend the obligatory elementary education may attend the religious schools established by religious communities and groups.

ART. 26

Religious communities and groups independently run the religious schools and students dormitories they have established in accordance with this law.
Curricula in the religious schools shouldn’t be in contrary with the Constitution and law.
Only citizen of the Republic of Macedonia may conduct education in a religious school.
By exception, a foreign citizen may perform instruction in religious school only temporary after previous permission authority in charge of religious affairs.

ART. 27

The person in charge of the religious school, or dormitory is obliged to make available to the authorized authority from Article 20 Paragraph 3 of this law all the data needed for inspection of the operation of the religious school or dormitory, as well as to eliminate the established irregularities in time.

IV. PENALTY REGULATIONS

ART. 28

With penalty in amount of 30.000-50.000 denars will be fined a person who performs religious activities and religious rituals in contrary of article 3 of this law.

ART. 29

With penalty in amount of 30.000-50.000 denars will be fined:
– Person who forces a citizen to become a member of a religious communities or religious groups (Article 4 Paragraph 1);
– Person who forces a citizen to participate or not to participate in religious rituals or other kinds of faith expression (Article 4 Paragraph 2);
– Foreign citizen who performs religious activities and religious rituals or performs instruction in religious school without previous permission from the authority in charge for religious affairs (Articles 5 and 26 Paragraph 4).

ART. 30

With penalty in amount of 30.000-50.000 denars will be fined:
– Person who forces or thwarts a citizen to give contributions intended for religious and humanitarian aims (Article 16 Paragraph 2);
– Person who performs religious ritual or activities outside the facilities from Article 18 Paragraph 1;
– Person who performing religious rituals or activities violates the public order and peace, as well as the religious feelings and other freedoms and rights of the citizens (Article 18 Paragraph 2), and
– Person who performs religious ritual without request of a citizen in his residen-ce, of underage without appropriate agreement and in hospitals, homes for old people and alike institutions, contrary to the house rules (Article 20 Paragraph 1, 2 and 3).

Art. 31

With penalty in amount of 30.000-50.000 will be fined:
– Person who performs religious activities and religious rituals outside the facilities for performing religious rituals and activities (Article 24 Paragraph 1);
– Person who organizes or performs religious instruction for child without appropriate agreement (Article 24 Paragraph 2); and
– Person who performs religious instruction with pupils in hours when the pupils have regular lessons in the school (Article 24 Paragraph 3).

ART. 32

With penalty in amount of 50.000-100.000 denars will be fined:
– Person in charge of the religious group if he does not submit registration form to the authority in charge of religious affairs in the prescribed period of time (Article 11 Paragraph 1);
– Person in charge of the religious communities or religious groups, who operates and uses the mass media, publishes editions and advertisements with religious contents in contrary of law (Article 15); and
– Person in charge of the religious communities or religious groups who collects and uses willing contributions for other aims (Article 16 Paragraph 1).

ART. 33

With penalty in amount of 50.000-100.000 denars will be fined the religious community or group which:
– Defines obligation for the believers to give contributions for religious and humanitarian aims (Article 16 Paragraph 3);
– Establishes religious school for pupils who attend elementary education (Article 25 Paragraph 1); and
– Establishes a religious school without previous positive opinion from the authority in charge of religious affairs (Article 25 Paragraph 2).

ART. 34

With penalty in amount of 50.000-100.000 denars will be fined the religious school if:
– Persons who have not completed their elementary education (Article 25 Paragraph 6) visit the instruction in the religious school;
– Hires or enables foreign citizen to perform instruction without previous permission of the authority in charge (Article 26 Paragraph 4), and
– Doesn’t make the data needed for conducting inspection into the operation available to the authorized authority or doesn’t eliminate the established irregularities (Article 27).

V. CONCLUDING REGULATIONS

ART. 35

Authority in charge for religious affairs in a month from the day of going into effect of this law will transfer the religious communities and groups in its register-book that are already registered in the Ministry of internal affairs up the day of going into effect of this law.
The existing religious communities and religious groups from Paragraph 1 of this Article are obliged to coordinate their operation with the regulations of this law in six months from the day of its going into effect.

ART. 36

From the day of going into effect of this law, the Law For the legal position of the Religious Communities (“Official Bulletin of the Socialist Republic of Macedonia “ No.39/77) is out of effect.

ART. 37

This Law goes into effect the eighth day from the day of its announcement into the “Official Bulletin of the Republic of Macedonia”.