Passed 12 February 2002
(RT1 I 2002, 24,
135),
entered into force 1 July
2002.
Chapter 1
General
Provisions
§ 1.
Scope of application of Act
The purpose of this Act is
to provide the procedure for membership of churches, congregations,
associations of congregations, monasteries and religious societies and the
regulation of their activities in order for freedom of belief as ensured for
everyone by the Constitution to be exercised.
§ 2.
Religious associations
(1) Churches, congregations,
associations of congregations and monasteries are religious associations.
(2) For the purposes of this
Act, a church is an association of at least three voluntarily joined
congregations which has an episcopal structure and is doctrinally related to
three ecumenical creeds or is divided into at least three congregations and
which operates on the basis of its statutes, is managed by an elected or
appointed management board and is entered in the register in the cases and
pursuant to the procedure prescribed by this Act.
(3) For the purposes of this
Act, a congregation is a voluntary association of natural persons who profess
the same faith, which operates on the basis of its statutes, is managed by an
elected or appointed management board and is entered in the register in the
cases and pursuant to the procedure prescribed by this Act.
(4) For the purposes of this
Act, an association of congregations is an association of at least three
voluntarily joined congregations which profess the same faith and which
operates on the basis of its statutes, is managed by an elected or appointed
management board and is entered in the register pursuant to the procedure
prescribed by this Act.
(5) For the purposes of this
Act, a monastery is a voluntary communal association of natural persons who
profess the same faith, which operates on the basis of the statutes of the
corresponding church or independent statutes, is managed by an elected or appointed
superior of the monastery and is entered in the register in the cases and
pursuant to the procedure prescribed by this Act.
§ 3.
Main activities of religious
associations
(1) The main activities of
churches, congregations, associations of congregations, and monasteries include
professing and practising their faith, primarily in the form of religious
services, meetings and rites, and confessional or ecumenical activities
relating to morals, ethics, education, culture, and confessional or ecumenical
diaconial and social rehabilitation activities and other activities outside the
traditional religious rites and services of the churches or congregations.
(2) The objective or main
activity of churches, congregations, associations of congregations and monasteries
shall not be the earning of income from economic activity.
(3) The management boards of
churches, congregations and associations of congregations and the agencies
thereof and the superiors of monasteries have the right to issue legal acts
relating to the activities of the religious associations pursuant to the
procedure provided for in the statutes.
§ 4.
Religious society
(1) A religious society is a voluntary association of natural or legal persons the main activities of which include confessional or ecumenical activities relating to morals, ethics, education, culture and confessional or ecumenical diaconial and social rehabilitation activities outside the traditional forms of religious rites of a church or congregation and which need not be connected with a specific church, association of congregations or congregation.
(2) A religious society
shall be entered in the non-profit associations and foundations register
pursuant to the procedure prescribed by the Non-profit Associations Act (RT I 1996,
42, 811; 1998, 96, 1515; 1999, 10, 155; 23, 355; 67, 658; 2000, 55, 365; 88,
576; 2001, 56, 336; 93, 565). In order to determine compliance of the statutes
of a religious society with the requirements provided by law, the chief judge
of the county or city court which maintains the register may suspend
proceedings for entry in the register for two months and request the opinion of
the ministry whose area of government includes management of issues relating to
religious associations or request an expert opinion of a competent agency.
§ 5.
Passive legal capacity
(1) A religious association
is a legal person in private law to which the Non-profit Associations Act
applies in so far as this Act does not provide otherwise.
(2) The statutes of a
religious association may prescribe differences from the provisions of the
Non-profit Associations Act concerning membership and management if such
differences arise from the historical teaching and structure of the religious
association.
(3) Transformation of a religious
association into a legal person of a different type is prohibited.
(4) The passive legal
capacity of a religious association commences as of entry of the religious
association in the register of religious associations (hereinafter register)
and terminates as of deletion of the religious association from the register.
(5) Congregations which
belong to a church or association of congregations but are not entered in the
register and monasteries which belong to a church but are not entered in the
register are not legal persons.
§ 6.
Seat
(1) The seat of a church,
congregation or association of congregations is the place where the management
board of the church, congregation or association of congregations is located
unless the statutes prescribe otherwise. The seat of a monastery is the place
where the building or complex of buildings of the monastery are located.
(2) The management board of
a church, congregation or association of congregations shall be located in
Estonia regardless of the location of its spiritual centre.
§ 7.
Name
(1) The name of a religious
association shall be written in Latin letters and include the corresponding
word "kirik" [church], "kogudus" [congregation], "koguduste liit" [association of
congregations] or "klooster" [monastery]
and shall clearly differ from the names of other legal persons entered in the
register in Estonia and shall not be misleading with regard to the objectives,
scope of activity or legal form.
(2) A religious association
may have a name abbreviation set out in the statutes, which is not used by any
other religious association registered in Estonia.
(3) A religious association
whose interests are damaged by the unauthorised use of its name or name
abbreviation may demand termination of the unauthorised use thereof and
compensation for damage caused thereby.
Chapter 2
Freedom of
Religion of Individual
§ 8.
(1) Every person has the
right to freely choose, profess and declare his or her religious beliefs unless
it damages public order, health, morals, or the rights or freedoms of others.
(2) No one is required to
provide information on his or her religion or membership in congregations,
except a suspect, accused, accused at trial or victim in the course of criminal
proceedings.
(3) Every person has the
right to leave a congregation if he or she notifies the management board of the
congregation of his or her decision beforehand. Every person has the right to
leave a monastery if he or she notifies the superior of the monastery of his or
her decision beforehand.
(4) The guardian of a person
who has been divested of active legal capacity does not have the right to
change the religion or membership in a congregation of the person.
(5) Members with active
legal capacity and of at least eighteen years of age have the right to
participate in the election of the management board and officials of a church,
congregation or association of congregations, unless a different age limit is
provided for in the statutes.
(6) Every person has the right
to be buried according to his or her confession.
(7) In the absence of
relatives, guardians or curators, and if it is known that a deceased person was
a member of a congregation, the congregation of the deceased person shall
perform the confessional funeral service.
§ 9.
Performance of religious
rites in medical institutions, educational institutions, social welfare
institutions, custodial institutions and military units
(1) Persons staying in
medical institutions, educational institutions, social welfare institutions and
custodial institutions and members of the Defence Forces have the right to
perform religious rites according to their faith unless this violates public
order, health, morals, the rules established in these institutions or the
rights of others staying or serving in these institutions.
(2) A religious association
shall conduct religious services and religious rites in a medical institution,
educational institution or social welfare institution with the permission of
the owner or the head of the institution, in a custodial institution with the
permission of the director of the prison, in the Defence Forces with the
permission of the commanding officer of the military unit and in the National
Defence League with the permission of the chief of the unit.
§ 10.
Membership of child in
congregation
(1) Every person of at least
fifteen years of age may independently become a member of a congregation or
leave a congregation pursuant to the procedure prescribed in the statutes.
(2) A child who is less than
fifteen years of age may be a member of a congregation with the permission of
his or her parents or guardian.
Chapter 3
Foundation,
Registration, Merger, Division and Dissolution of Religious Associations
§ 11.
Foundation of religious
associations
(1) In order to found a
church, an association of congregations, a congregation which does not belong
to a church or association of congregations or a monastery which does not
belong to a church, the founders shall enter into a memorandum of association.
(2) A memorandum of
association shall set out:
1) the name, seat,
address and objectives of the activities of the church, congregation,
association of congregations being founded or monastery which does not belong
to a church and which is being founded;
2) the names and
residences or seats, and the personal identification codes or registry codes of
the founders;
3) the obligations of
the founders;
4) the names, personal
identification codes and residences of the members of the management board.
(3) Upon entry into a
memorandum of association, the statutes of the church, congregation or
monastery which does not belong to a church or association of congregations
shall also be approved as an annex to the memorandum of association.
(4) A congregation which
wishes to belong to a church or association of congregations shall be founded
and the management board thereof shall be elected pursuant to the statutes of
the corresponding church or association of congregations unless the specified
statutes prescribe adoption of independent statutes for the congregation.
Minutes shall be taken of the foundation meeting. The list of founders of the
congregation which sets out the residences and personal identification codes of
the founders together with the signatures of the founders shall be annexed to
the minutes.
(5) All founders shall sign
the memorandum of association of a congregation which does not belong to a
church or association of congregations or a monastery which does not belong to
a church.
(6) The memorandum of association
of a church or association of congregations and the statutes approved thereby
shall be notarially certified; a representative of a founder may sign the
memorandum of association.
(7) A monastery which
belongs to a church shall be founded pursuant to the procedure prescribed in
the statutes of the corresponding church and minutes shall be taken of the
foundation meeting. The list of founders of the monastery which sets out the
residences and personal identification codes of the founders together with the
signatures of the founders shall be annexed to the minutes.
§ 12.
Statutes
(1) The statutes of a
religious association shall contain the following information:
1) the name and seat;
2) the objective and
doctrinal bases of the activities;
3) obligatory religious
rites;
4) the structure of
management bodies and supervisory bodies and the procedure for the foundation,
competence and terms of authority thereof;
5) the procedure for
the election or appointment of members of the management board and restrictions
on the right of representation;
6) the status,
hierarchy, service relationships and professional attire of the ministers of
religion;
7) the procedure for
the formation, use and disposal of assets;
8) the bases and
procedure for the adoption and amendment of the statutes;
9) the bases and
procedure for termination of activities;
10)the conditions of
and procedure for membership in the religious association and for leaving and
exclusion from the religious association;
11)the rights and
obligations of members or the procedure for the establishment of obligations
for members.
(2) If a church or an association of congregations amends the statutes thereof and such amendment involves transformation of the church into an association of congregations or transformation of the association of congregations into a church, representatives of all congregations which belong to the corresponding church or association of congregations must be in favour of the specified decision and sign the decision. The signatures on the decision shall be notarially authenticated.
(3) An amendment of the
statutes of a religious association enters into force as of the making of a
corresponding entry in the register.
(4) A religious association
may have departments and agencies if this is prescribed in the statutes.
Departments and agencies are not legal persons. The bodies of departments and
agencies and their competence shall be prescribed in the statutes.
§ 13.
Application for entry in
register
(1) A congregation with at
least twelve adult members who have active legal capacity shall be entered in
the register.
(2) In order to enter a
religious association in the register, the management board of the religious
association shall submit an application which sets out the information
specified in subsection 15 (1) of this Act and which is signed by all members
of the management board.
(3) The following shall be
appended to the application:
1) the memorandum of
association and the statutes approved thereby, or the minutes of the foundation
meeting and the statutes approved by the management board of the corresponding
church or association of congregations;
2) the notarially
authenticated specimen signatures of the members of the management board;
3) telecommunications
numbers (telephone, facsimile, etc);
4) proof of payment of
the state fee.
(4) A monastery which belongs to a church or a congregation which belongs to a church or association of congregations and which is a legal person pursuant to the statutes thereof or the statutes of the church or association of congregations, shall be entered in the register with the same court where the church or association of congregations is entered in the register. The documents concerning the congregation or monastery specified in subsections (2) and (3) of this section shall be submitted to the register by the management board of the corresponding church or association of congregations.
(5) If the congregations or
monasteries which belong to a church or association of congregations are not
legal persons pursuant to the statutes of the corresponding church or
association of congregations, the management board of the church or association
of congregations shall submit, together with an application for the entry
thereof in the register and the annexes to the application, a list of the congregations
and monasteries thereof to the register on the basis of the territory of the
church or congregations. The list shall set out the name, address and date of
first mention or foundation of each congregation and monastery.
(6) Any other application submitted
to the register shall be signed by at least one member of the management board
pursuant to the procedure established in the statutes.
(7) Signatures on an
application submitted to the register shall be notarially authenticated.
§ 14.
Suspension of proceedings
for entry in register and refusal to enter in register
(1) In order to determine
compliance of a religious association with the requirements provided by law,
the chief judge of the county or city court which maintains the register may
suspend proceedings for entry in the register for two months and request the
opinion of the ministry whose area of government includes management of issues
relating to religious associations or request an expert opinion of a competent
agency.
(2) A registrar shall not
enter a religious association in the register if:
1) the statutes or
other documents submitted by the religious association are not in compliance
with the requirements of law;
2) the activities of
the religious association damage public order, health, morals, or the rights
and freedoms of others.
(3) Upon refusal to enter a religious association in the register, the registrar shall indicate the reason for the refusal.
§ 15.
Entry of information in
register and change thereof
(1) The following shall be
entered in the register:
1) the name of the
religious association;
2) the seat and address
of the religious association;
3) the date of the
first mention or foundation of the religious association;
4) the date of adoption
of the statutes;
5) the names, personal
identification codes and residences of the members of the management board;
6) the specifications
for the right of representation of the management board pursuant to § 24 of
this Act;
7) other information
provided by law.
(2) Upon changes in the information entered in the register, the management board of the religious association shall submit an application for entry of the changes in the register. The application shall be submitted pursuant to the procedure provided for in subsections 13 (4)-(7) of this Act.
(3) If a congregation or
monastery joins a church or an association of congregations or if a
congregation or monastery leaves or is excluded therefrom, the management board
of the corresponding church or association of congregations shall submit to the
register documents pursuant to the procedure set out in subsection 13 (4) of
this Act or an amended list pursuant to the procedure set out in subsection 13
(5) of this Act.
§ 16.
Merger, division and
dissolution
(1) Merger, division and
dissolution of a religious association shall be carried out pursuant to the
procedure prescribed for non-profit associations in the Non-profit Associations
Act, unless otherwise provided by the statutes or this Act, and the register
shall be notified thereof pursuant to subsections 13 (4)-(7) of this Act.
(2) A religious association
shall be dissolved and liquidated:
1) on the bases and
pursuant to the procedure prescribed in the statutes;
2) if the number of
congregations or members of the religious association falls below the number
specified by this Act or the statutes;
3) upon the declaration
of bankruptcy of the religious association;
4) on the bases and
pursuant to the procedure provided for in subsection (3) of this section.
(3) The minister whose area of government includes management of issues relating to religious associations shall request compulsory dissolution of a religious association from a court if:
1) the activities or
statutes of the religious association are contrary to law or the Constitution;
2) facts specified in
clause 14 (2) 2) of this Act become evident in the activities of the religious
association;
3) the activities of
the religious association are not in compliance with the objectives set out in
the statutes;
4) economic activity
becomes the main activity of the religious association.
Chapter 4
Register of
Religious Associations
§ 17.
Maintenance of register
(1) The register of
religious associations is a part of the non-profit associations and foundations
register with regard to which the provisions of legislation concerning the
non-profit associations and foundations register apply unless otherwise
provided for in this Act.
(2) The register of
religious associations shall be maintained on the religious associations
located in Estonia.
(3) The registration
departments of county and city courts (hereinafter registrars) shall maintain
the register of religious associations of the religious associations located in
their jurisdiction.
(4) Congregations and
monasteries which belong to a church or association of congregations shall be
entered in the register of religious associations according to the location of
the church or association of congregations.
§ 18.
Restrictions relating to
public files and registry files
(1) Documents which a
religious association submits to the registrar pursuant to law are maintained
in the public file concerning the religious association.
(2) A registry file of a
religious association may be examined by a person with a legitimate interest.
Documents containing sensitive personal data may be examined pursuant to the
procedure prescribed by the Personal Data Protection Act (RT I 1996, 48, 944;
1998, 59, 941; 111, 1833; 2000, 50, 317; 92, 597; 104, 685; 2001, 50, 283).
§ 19.
Entries of registry card of
religious association
(1) The form of registry cards
of the card register of religious associations shall be established by a
regulation of the Minister of Justice.
(2) The following
information shall be entered on a registry card:
1) the registry code
and consecutive numbers of registry entries;
2) the name;
3) the seat and
address;
4) the date of the
first mention or foundation;
5) the date of adoption
and amendment of the statutes;
6) information on the
members of the management board;
7) the right of
representation of the members of the management board and the liquidators if
such right differs from the general rule prescribed by law;
8) the merger or
division;
9) the dissolution;
10)information on the
liquidators;
11)information on the
trustee in bankruptcy;
12)the declaration of
bankruptcy and termination of bankruptcy proceedings;
13)the deletion from
the register;
14)information on the
depositary of documents of a liquidated religious association;
15)the date of entry,
and the signature, name and title of the person executing the judgment on entry
and of the person competent to make the judgment on entry;
16)references to
earlier and later entries, and notations.
Chapter 5
Minister of
Religion and Management Board
§ 20.
Minister of religion
(1) A person who has the
right to vote in local government elections may be a minister of religion of a religious
association. Other requirements for a minister of religion shall be established
by the religious association.
(2) The management board of
a religious association has the right to invite a minister of religion from
outside Estonia and apply for a work and residence permit for the minister of
religion who is an alien pursuant to the provisions of the Aliens Act (RT I
1993, 44, 637; 1999, 50, 548; 54, 582; 71, 686; 88, 808; 101, 900; 2000, 25,
148; 33, 197; 40, 254; 2001, 16, 68; RT III 2001, 7, 75; RT I 2001, 58, 352)
and other legislation.
§ 21.
Professional attire of
minister of religion
(1) Only a person to whom a religious association has granted the corresponding permission has the right to wear the professional attire of a minister of religion prescribed in the statutes of the religious association. The specified restriction does not apply if ordinary clothing is the professional attire of the minister of religion.
(2) A religious association
whose interests are damaged by the unauthorised use of the professional attire
of its minister of religion may demand termination of the unauthorised use of
the professional attire of the minister of religion and compensation for damage
caused thereby.
§ 22.
Confessional secret
A minister of religion shall not disclose information which has become known to him or her in the course of a private confession or pastoral conversation or the identity of a person who makes the private confession to or has a pastoral conversation with the minister of religion.
§ 23.
Management board
(1) A church, congregation
and association of congregations shall have a management board. The minimum and
maximum number of members of the management board shall be prescribed in the
statutes.
(2) A person who has the
right to vote in local government elections may be a member of a management
board.
(3) Within the meaning of
this Act, the superior of a monastery is deemed to be the management board of
the monastery.
§ 24.
Right of representation of
management board and liability of members of management board
The provisions of the Non-profit Associations Act apply to the right of representation of a management board and the liability of members of the management board unless otherwise provided for in the statutes.
Chapter 6
Assets of
Religious Association
§ 25.
Proprietary rights and
obligations
(1) Churches, congregations and associations of congregations have the right to charge a membership fee from their members pursuant to the procedure provided for in the statutes.
(2) A religious association
has the right to charge a fee for religious rites, organise donations for
specific purposes, accept donations and estate and receive income from its
assets.
(3) A religious association
may pledge, grant use of or transfer cultural monuments which belong to the
assets of the religious association on the basis of a resolution of the
management board, having regard to the requirements established by the Heritage
Conservation Act (RT I 1994, 24, 391; 1996, 49, 953; 86, 1538; 1997, 93, 1559).
Congregations which belong to a church or association of congregations shall
exercise such right with the permission of the management board of the church
or association of congregations pursuant to the procedure prescribed in or
established on the basis of the statutes.
(4) The statutes of a church
or association of congregations may provide that the congregations which belong
to a church or association of congregations may grant use of immovables,
encumber immovables with a restricted real right or transfer immovables with
the permission of the management board of the church or association of
congregations pursuant to the procedure prescribed in or established on the
basis of the statutes.
(5) A religious association
shall organise the accounting pursuant to the provisions of the Accounting Act
(RT I 1994, 48, 790; 1995, 26-28, 355; 92, 1604; 1996, 40, 773; 42, 811; 49,
953; 1998, 59, 941; 1999, 55, 584; 101, 903; 2001, 87, 527) and its statutes.
§ 26.
Supervision
(1) A review or audit may be
called for pursuant to the procedure established in the statutes.
(2) The members of the
management board and of other bodies shall allow controllers or auditors to
examine all documents necessary for conduct of a review or audit and shall
provide necessary information.
(3) Controllers and auditors
shall prepare a report concerning the results of a review or audit and present
the report to the body which called for the review or audit.
§ 27.
Use of assets remaining upon
termination of activities of religious association
(1) Upon dissolution of a congregation or monastery which belongs to a church or association of congregations, the assets remaining after satisfaction of the claims of obligees are transferred to the corresponding church or association of congregations.
(2) Upon termination of the
activities pursuant the statutes, of a church, an association of congregations,
a congregation or monastery which does not belong to a church or association of
congregations, the assets remaining after satisfaction of the claims of
obligees are transferred to the state and may be used only for charitable or
educational purposes.
Chapter 7
Implementation
of Act
§ 28.
Application of this Act to
religious associations
(1) The provisions of §§ 1-3, 5-10, 16 and 20-27 of this Act apply to religious associations founded before 1 July 2002 until entry of the religious associations in the register.
(2) Religious associations
entered in the register of churches, congregations and associations of
congregations maintained by the Ministry of Internal Affairs may amend and
delete data entered in the register pursuant to the procedure in force before
the entry into force of this Act until 1 June 2004.
§ 29.
Application for entry in
register
(1) 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 this Act shall be entered in the register on the basis of their application.
(2) An application for entry
in the register shall set out the information provided for in this Act, and the
certificate of registration of the religious association with the Ministry of
Internal Affairs together with documents provided for in this Act, except the
memorandum of association or the minutes of the foundation meeting, shall be
appended to the application.
(3) In order for a religious
association to be entered in the register, the statutes of the religious
association shall be brought into accordance with the provisions of this Act.
§ 30.
Notations in registers
(1) Upon entry of a
religious association registered with the Ministry of Internal Affairs in the
register, a corresponding notation shall be made in the register of churches,
congregations and associations of congregations on the basis of a notice from
the registrar.
(2) Upon entry of a
religious association founded before the entry into force of this Act in the
register, a notation concerning the earlier registration with the Ministry of
Internal Affairs shall be made in the register, indicating the former
registration number.
§ 31.
Dissolution
(1) Religious associations registered with the Ministry of Internal Affairs for the entry of which in the register no application has been submitted by 1 July 2004, or whose application for entry in the register submitted within the specified term has been refused are deemed to have undergone compulsory dissolution.
(2) Upon compulsory
dissolution resulting from the reasons set out in subsection (1) of this
section, the procedure provided for in § 95 of the Non-profit Associations Act
applies.
§ 32.
Name of religious
association
(1) Upon entry of a
religious association in the register, the registrar shall make an inquiry to
the Ministry of Internal Affairs concerning the existence of the same or a
similar name in the register of churches, congregations and associations of
congregations.F
(2) A name being applied for
shall not be entered in the register if such name or a misleadingly similar
name has already been registered in the register or the Ministry of Internal
Affairs by another religious association.
§ 33.
Amendments to State Fees Act
The State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512; 88, 531; 91, 543; 93, 565; 2002, 1, 1; 18, 97) is amended as follows:
1) clause 31) is added to
subsection 3 (2) worded as follows:
"31) acts of the
register of religious associations;";
2) subsection (9) is added to § 18 worded as
follows:
"(9) A religious association
which has been registered with the Ministry of Internal Affairs before 1 July
2002 is exempt from payment of state fees upon entry of the religious
association in the register of religious associations.";
3) sections 441 and 451
are added to Division 2 of Chapter 6 worded as follows:
"§ 441.
Entries in register
of religious associations
(1) A state fee of 100 kroons shall be paid for the entry of a religious association in the register.
(2) A state fee of 50 kroons
shall be paid for the amendment of data entered in the register of religious
associations.
§ 451.
Issue of copies from
register of religious associations
(1) A state fee of 10 kroons
shall be paid for a certified copy of a registry card from the register of
religious associations.
(2) A state fee of 5 kroons
per page shall be paid for a certified copy of any other document from the
register of religious associations."
§ 34.
Repeal of earlier Churches
and Congregations Act
The Churches and Congregations Act (RT I 1993, 30, 510; 44, 637; 1994, 28, 425) is repealed.
§ 35.
Entry into force of Act
This Act enters into force on 1 July 2002.
1 RT = Riigi Teataja = State Gazette