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Re-registration of religious associations

15.10.2003

On 1 July 2002, a new Churches and Congregations Act (CCA or new Act) took effect replacing the Churches and Congregations Act passed on 20 May 1993. As one of the most important requirements, the new Act provided for a re-registration obligation to all religious associations registered before 1 July 2002. The purpose of that provision is to transfer the register of churches and congregations from the administrative area of the executive power (Ministry of Internal Affairs of the Republic of Estonia) to the jurisdiction of court.

Term of re-entry and compulsory dissolution

According to § 29 of the CCA, religious associations, which were founded before 1 July 2002 and are registered with the Ministry of Internal Affairs and which comply with the requirements of the new Act, shall be entered in the new register on the basis of their application.

§ 31 of the CCA provides that religious associations registered with the Ministry of Internal Affairs for the entry of which in the new register no application has been submitted by 1 July 2004, or whose application for entry in the new register submitted within the specified term has been refused are subject to compulsory dissolution.

Therefore, it is important to prepare and submit the re-entry application and all related documents when due and as appropriate in order not to subject a religious association to compulsory dissolution.

Register of religious associations and obligations related to re-entry

According to § 17 of the CCA, the registration departments of county and city courts shall maintain the register of religious associations for the religious associations located in their jurisdiction. Earlier, the register was maintained by the Ministry for Internal Affairs of the Republic of Estonia.

The new register of religious associations is a register operating under the jurisdiction of court (like commercial register and register of non-profit associations and foundations) and that renders the registry procedures much more formal in comparison with the previous register. At the same time, it definitely enhances the legal certainty and reliability of the new register. For example, the signatures on the applications to be submitted to the register must be notarised, state fees must be paid for making entries in the register, etc. Therefore, the churches and congregations may encounter a need for legal assistance to avoid shortcomings in the documents to be submitted to the new register. The religious associations entered in the register maintained at the Ministry for Internal Affairs may change, modify and delete the data entered in the register until 1 July 2004 pursuant to the procedure applicable before the entry into force of the new Act.

It is recommended to make all necessary changes (e.g. in the Charter, directing bodies) before submission of an entry application to the new register. In such case the changes are easier to make with the Ministry for Internal Affairs of the Republic of Estonia by following the previous (and easier) procedure.

As mentioned above, religious associations, which were founded before 1 July 2002 and are registered with the Ministry of Internal Affairs and which comply with the requirements of the new Act, shall be entered in the new register on the basis of their application. The entry application shall set out the data stipulated by law and the certificate of registration of the religious association with the Ministry for Internal Affairs and other documents prescribed by law must be enclosed to the application. The Charter of a religious association must be brought into conformity with the requirements of the new Act. The requirements set for the Charter have been specified in § 12 of the CCA.

In comparison with the previous Act the new Act introduces some new mandatory elements for the Charter. For example, in addition to the requirements provided by the previous Act, the Charter must also regulate the service relations and professional attire of the clergymen. The Charter must also set out the minimum and maximum number of the management board members.

Furthermore, the new Act also provides for a different procedure of membership of the children under 15 years of age in congregations. The new Act no longer prescribes a restriction, according to which children under 12 years of age may only be the members of the same congregation with their parents. According to the new Act a child who is less than fifteen years of age may be a member of any congregation with the permission of his or her parents or guardian.

In religious aspects (including doctrines etc. applied by a religious association) the new register may not be competent enough to establish their compliance with the requirements of law. Therefore, the new Act allows the register to suspend the entry procedures for the establishment of the association's compliance with the new Act for up to two months and to refer to the Ministry for Internal Affairs or any other competent body for their opinion.

The registrar will not enter a religious association in the new register, if:

1. the Charter or other documents do not meet the requirements of law; or
2. the activity of the religious association undermines law and order, health, morality or rights and freedoms of other people.

Upon rejection of an entry application the registrar must indicate the bases for such rejection.

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