“ON THE FREEDOMS OF CONSCIENCE AND RELIGION”, “ON MAKING A SUPPLEMENT TO THE LAW OF THE REPUBLIC OF ARMENIA ON THE RELATIONS BETWEEN THE REPUBLIC OF ARMENIA AND THE ARMENIAN HOLY APOSTOLIC CHURCH”, “ON MAKING AMENDMENTS AND A SUPPLEMENT TO THE ADMINISTRATIVE OFFENCES CODE OF THE REPUBLIC OF ARMENIA”, “ON MAKING AN AMENDMENT AND A SUPPLEMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA”

Current situation and existing problems

The necessity to adopt the draft law of the Republic of Armenia “On the freedoms of conscience and religion” is conditioned by the circumstance that the current Law of the Republic of Armenia “On freedom of conscience and religious organisations” has been adopted by the Supreme Council back in 1999 — before the adoption of the Constitution of the Republic of Armenia — based on the Law of the USSR “On the freedom of conscience and religious organisations”, after which amendments and supplements were twice made to the mentioned law, accordingly in 1997 and in 2001.
In this respect, the Law of the Republic of Armenia “On the freedom of conscience and religious organisations” has several shortcomings, contradictions and does not correspond to the current standing, where Armenia has acceded to international agreements, has become a member of the Council of Europe and has undertaken certain commitments, in particular those listed below.
The freedoms prescribed by Article 1, Article 2 and Article 3 of this Law are guaranteed only for the citizens; thus, Article 1 guarantees the freedom of conscience and profession of religion for citizens, Article 2 guarantees equality to “citizens” in all spheres of life “irrespective of their attitude towards religion or religious affiliation”, Article 3 prohibits “any coercion or violence” against a citizen “when determining his or her attitude towards the issues of participating or not participating in religious services, religious rituals and ceremonies, religious education”. The restriction of the prohibitions related to religion also refers only to the citizens. It is necessary to mention that the establishment — with the mentioned provisions — of guarantees only for citizens does not derive from Article 26 of the Constitution of the Republic of Armenia as well as Article 9 of the ECHR and Article 18 of the ICCPR, which guarantee freedom of religion, belief and conscience for everyone irrespective of citizenship.Moreover, the law currently in force, when elaborating on the freedom of conscience and religion, guarantees only the right to profess or not to profess a certain religion and does not contain a provision on the freedom to change religion. It is worth noting that the given wording of the law does not provide any basis to presume that the freedom to change religion may also be understood within the meaning of the given article. The given wording does not derive from the provisions of Article 9 of the ECHR, which specifically states that the right to freedom of thought, conscience and religion includes “freedom to change religion or belief”. Although the right to change religion or belief may be perceived as an integral part of the freedom of religion, we do, however, consider it necessary to amend the article by bringing it in line with the wordings of the Constitution of the Republic of Armenia and the ECHR.In addition, one of the shortcomings of the law is that it does not explicitly guarantee the right to freedom to manifest a religion or belief in public or private as well as to act according to one’s religion and belief in daily life.
Article 26 of the Constitution of the Republic of Armenia guarantees the right of freedom of thought, conscience and religion by such provisions which replicate to a large extent the provisions of Article 9 of the ECHR and Article 18 of the ICCPR. Nevertheless, Article 9 of the ECHR and Article 18 of the ICCPR guarantee the freedom to manifest “in public or private” a religion or belief.
A need has also arisen to regulate the relations pertaining to the status of legal personality of religious organisations.
The law does not regulate the relations pertaining to the liquidation of organisations, which is the next shortcoming of the law in force.
The law does not provide for the principle of the respect of the liberty of parents and legal guardians to ensure the religious and moral education of their children, in conformity with their own convictions, which is prescribed by Article 18.4 of the ICCPR.
The United Nations Human Rights Committee has interpreted this provision in the following manner: “public education that includes instruction in a particular religion or belief is inconsistent with Article 18.4 of the ICCPR unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians”.
It is also necessary to regulate the relations pertaining to the complete prohibition of religious advocacy and worship in all “educational” institutions. The principle of respect for the liberty of parents and legal guardians to ensure the religious and moral education of their children in conformity with their own convictions is prescribed by Article 18.4 of the ICCPR.
Taking into account that it is generally recognised that parents have the right to determine the religious education of their children, the latter may not be forced to get religious education against their parents’ will. As stated in the Guidelines, “States should be sensitive to the religious and ideological concerns of parents on behalf of their children and should seriously consider providing opt-out possibilities when the education may interfere with deeply held religious and ideological beliefs”. The mentioned presumably implies that parents should be able to educate their children in private religious schools, although the State may regulate the certification of teachers, provided that objective criteria are used. The concept of proselytism and the relations pertaining to the prohibition thereof are not regulated by law.
It has also become necessary to differentiate and to define separately the concepts of “religious group” and “religious organisation”, which made it clear as to which provisions are applicable to all religious associations and which are only applicable to registered religious organisations. Taking into account the above mentioned, it is necessary to give new definitions for religious organisations.
It should be borne in mind that it is also necessary to make new amendments to the Administrative Offences Code of the Republic of Armenia so as to ensure the appropriateness of the administrative requirements prescribed by law and their compliance with international standards.
Furthermore, taking into consideration the provisions prescribed by the new law, it is envisaged to make new amendments not only to the Administrative Offences Code of the Republic of Armenia but also to the Law of the Republic of Armenia “On the relations between the Republic of Armenia and the Armenian Holy Apostolic Church” and the Criminal Code of the Republic of Armenia. It is particularly envisaged to include in the Administrative Offences Code of the Republic of Armenia a provision on liability for religious advocacy with respect to minors, evading the registration of a religious group, prosecuting or offering material or social benefits in order to convert to another religion, as well as for violating the requirements of law by religious organisations. At the same time, it is necessary to revise the wording of Article 160 of the Criminal Code of the Republic of Armenia; particularly, obstructing the freedom of a person to profess or not to profess any religion, to have or not to have a belief or to change religion or belief, freedom — either individually or in community with others and in public or private — to manifest a religion or belief in teaching, worship, church ceremonies or other rites of religious worship, including the freedom to act in daily life in conformity with one’s own religion and belief or obstructing the legal activities of religious organisations is criminalized. Besides, bearing in mind the provisions of the draft, it has become necessary to criminalize proselytism as well. As regards the need to make a supplement to the Law of the Republic of Armenia “On the relations between the Republic of Armenia and the Armenian Holy Apostolic Church”, bearing in mind that upon the adoption of the draft and entry into force of the relevant law it is envisaged to repeal the Law N-0333-I of 17 of June 1991 “On the freedom of conscience and religious organisations”, it has become necessary to supplement the provisions of the article regulating the relations between the Republic of Armenia and the Armenian Holy Apostolic Church in the very law of the Republic of Armenia “On the relations between the Republic of Armenia and the Armenian Holy Apostolic Church”.

Proposed solutions

For the purpose of regulating the aforementioned issues, it is proposed to adopt a new law “On the freedoms of conscience and religion”, the provisions of which will be in compliance with the Constitution of the Republic of Armenia, the requirements of the Council of Europe, conventions and international treaties.
In this respect, it is proposed to define in the draft law of the Republic of Armenia “On the freedoms of conscience and religion” that:
The freedom of conscience, religion and belief shall be guaranteed for every person in the Republic of Armenia. This right includes freedom to profess or not to profess any religion, to have or not to have any belief, to change religion or belief, to manifest religion or belief — either alone or in community with others and in public or private — in teaching, worship, church ceremonies or other rites of religious worship, including the freedom to act according to one’s religion and belief in daily life.

Article 2 of the draft prescribes that the liberty of parents and guardians to ensure the religious education of their children in conformity with their own convictions shall be guaranteed in the Republic of Armenia.
Article 3 of the draft provides for the prohibition on discrimination and interference; particularly, it stipulates that all people in the Republic of Armenia — irrespective of their attitude towards religion, religious affiliation or belief — are equal before law. Any discrimination on the grounds of a person’s religious affiliation or attitude to the religion is prohibited. Direct or indirect restrictions of the freedoms of conscience, religion and belief, including direct or indirect restrictions of individual or group manifestations of religious worship, except for the cases envisaged by Article 4 of this Law, religious persecutions, inciting religious enmity or stirring up hatred shall not be permitted and shall entail administrative or criminal liability in cases provided for by law.
Article 4 of the draft clearly defines the grounds for restriction of the right of manifestation of the freedom of conscience, religion and belief, as well as establishes the concept of “proselytism”, namely, as any influence of religious advocacy on persons with other religious and doctrinal affiliation or views for the purpose of converting them to another religion, which is expressed by use or threat of physical or psychological violence on that person or a relative thereof, by providing material or social benefits or taking advantage of their needs, inciting enmity or stirring up hatred against another religion, belief or religious organisation, persecuting the person for two or more times, whereas in relation to a minor under fourteen years of age — without the consent of the parents or guardians thereof.
The definition of the concept of “religious association” is provided in the draft, in the meantime differentiating the concepts of “religious group” and “religious organisation”. A religious group is particularly defined as an association of persons, with 25 adult followers, which has been established with the purpose of jointly professing and disseminating the faith of the participants and operates without state registration. Whereas the religious organisation is defined as an association created to the same effect, which has at least 25 adult members and has been registered as a legal entity as prescribed by law. Thus, differentiating the two forms of a religious association, the draft establishes different requirements for them. In particular, one of them is subject to state registration, while the other is not, one has the status of a legal entity, the other does not. A requirement for mandatory state registration is established for religious groups with 25 or more adult followers. The draft also provides for the procedure for registration of religious organisations, the registration requirements thereof, the documents to be submitted to the registration body (Central Body of the State Register of the Ministry of Justice of the Republic of Armenia), requirements pertaining to the statute of the religious organisation, as well as the grounds for the refusal of state registration.
The rights of religious organisations are clarified with the draft, prescribing that those rights arise from the moment of state registration of the religious organisation. Besides the rights of religious organisations, the obligations of religious organisations are also defined in the draft. In particular, it stipulates the obligations of religious organisations, such as the observance of the Constitution and laws of the Republic of Armenia, respect for other religious organisations and groups, etc. Furthermore, certain prohibitions as to the operation of religious organisations are also established; in particular, religious organisations may neither be financed from foreign states, natural persons and legal entities, political parties, nor finance political parties, etc.
The relationships of the State and the church are regulated by a separate article in the draft, stipulating that the church shall be separate from the State, and the State shall not interfere with the activities of the church and religious organisations, as well as prohibiting the activities of any state body or person executing the tasks thereof within the structure of churches and religious organisations, as well as participation of the church in public administration.
The powers of the authorised body (the Ministry of Justice of the Republic of Armenia) are defined in the draft, establishing the specific powers of the authorised body in the registration of religious organisations and supervision of their activities.
For the first time, the draft envisages an article on the publicity of the activities of religious organisations. In particular, the draft obliges religious organisations to act publicly and publish certain information on their activities (total amount of annual proceeds, total amount of annual expenses, description of the activities carried out during the previous year, titles and locations of programmes, number of members of the organisation, administrative bodies of the organisation and names and surnames of officials, etc.). Consequently, religious organisations will publish that information on their official websites and, where unavailable, will submit the information to the Ministry of Justice of the Republic of Armenia for the purpose of placing it on the official website of the latter. That will provide an opportunity to carry out appropriate supervision over the activities of religious organisations, at the same time not interfering with the activities of religious organisations.
The draft envisages a principally new article on supervision over the activities of religious organisations. The activities of a religious organisation as well as the activities of any legal entity need proper supervision, since only in that case it will be possible to guarantee the observance of the requirements of laws by religious organisations, and to hold the offenders legally liable. In particular, the draft establishes that in case the authorised body reveals such violations of the requirements of law by religious organisations, which may be eliminated through measures undertaken by the organisation, a written warning is sent to the organisation, defining the procedure for and the terms of eliminating the identified violations. As a result, the religious organisation is given the opportunity to eliminate — voluntarily and at its own account — the violations, thus evading the suspension or termination of the activities of the organisation.
The draft envisages separate articles on the suspension of the activities of a religious organisation and its liquidation, by establishing the relevant grounds and procedures. In particular, in case of adopting the draft, the Ministry of Justice of the Republic of Armenia will have an opportunity to apply to the court, together with the issuance of a warning, in the mentioned manner, claiming to suspend the activities of the religious organisation (for six months), if it is not possible to eliminate or prevent the violations otherwise. Moreover, the law also envisages the possibility of extending the suspension period (for two months), and the religious organisation is provided with an opportunity to apply to the court for withdrawing the suspension in case of eliminating the violations. And where in the period of suspension a religious organisation does not eliminate the shortcomings, the authorized body will have an opportunity to apply to the court with a claim to extend the period of suspension or to liquidate the religious organisation.
The cases of liquidation of a religious organisation and the grounds for liquidation thereof through judicial procedure are also defined in the draft. In particular, a religious organisation may be liquidated in case of failure to eliminate the violations within the defined term upon receipt of a warning, in case of committing a similar violation for the second time within a year upon issuance of the warning, which may not be eliminated by a religious organisation, where the activity of a religious organisation is geared at the forced overthrow of the constitutional order, instigation or stirring up of national, racial, religious hatred or enmity, advocating violence or war, as well as in case the documents submitted for the state registration of the organisation contain false data of essential nature.
Moreover, with the purpose of excluding the voluntary liquidation of religious organisations, it has been established that an organisation shall be liquidated only in case the other means of elimination or prevention of the violation are exhausted or it is impossible to eliminate the violations otherwise, whereas if they may be eliminated through suspending the activity of the religious organisation, without the liquidation of the religious organisation, the latter may not be liquidated.
Meanwhile, the transitional provisions of the draft also prescribe that where an application on registration of a religious organisation is filed before the entry into force of the law and where state registration is not granted before the entry into force of the law, the registration thereof shall be conducted in conformity with the requirements of the draft.

Expected outcome:
In case of adopting the new law of the Republic of Armenia “On the freedoms of conscience and religion”, it is expected to have a law in conformity with the Constitution of the Republic of Armenia, the requirements of the Council of Europe, conventions and international treaties.

STATEMENT
ON THE NECESSITY TO MAKE AMENDMENTS AND SUPPLEMENTS TO OTHER LEGAL ACTS, OR THE ABSENCE THEREOF, IN CASE OF ADOPTION OF THE LAWS OF THE REPUBLIC OF ARMENIA “ON CONSCIENCE AND RELIGIOUS FREEDOMS”, “ON MAKING A SUPPLEMENT TO THE LAW OF THE REPUBLIC OF ARMENIA ON RELATIONS BETWEEN THE REPUBLIC OF ARMENIA AND THE ARMENIAN HOLY APOSTOLIC CHURCH”, “ON MAKING AMENDMENTS AND A SUPPLEMENT TO THE ADMINISTRATIVE OFFENCES CODE OF THE REPUBLIC OF ARMENIA”, “ON MAKING AN AMENDMENT AND A SUPPLEMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA”

In connection with the adoption of the Laws of the Republic of Armenia “On conscience and religious freedoms”, “On making a supplement to the Law of the Republic of Armenia ‘On relations between the Republic of Armenia and the Armenian Holy Apostolic Church’”, “On making amendments and a supplement to the Administrative Offences Code of the Republic of Armenia”, “On making an amendment and a supplement to the Criminal Code of the Republic of Armenia”, no need of adoption of other legal acts of the Republic of Armenia shall arise, and it is in compliance with the commitments assumed by international agreements.

STATEMENT
ON INCREASE OR DECREASE OF REVENUES OF THE STATE BUDGET IN CASE OF ADOPTION OF THE LAWS OF THE REPUBLIC OF ARMENIA “ON CONSCIENCE AND RELIGIOUS FREEDOMS”, “ON MAKING A SUPPLEMENT TO THE LAW OF THE REPUBLIC OF ARMENIA ON RELATIONS BETWEEN THE REPUBLIC OF ARMENIA AND THE ARMENIAN HOLY APOSTOLIC CHURCH”, “ON MAKING AMENDMENTS AND A SUPPLEMENT TO THE ADMINISTRATIVE OFFENCES CODE OF THE REPUBLIC OF ARMENIA”, “ON MAKING AN AMENDMENT AND A SUPPLEMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA”

The adoption of the Laws of the Republic of Armenia “On conscience and religious freedoms”, “On making a supplement to the Law of the Republic of Armenia ‘On relations between the Republic of Armenia and the Armenian Holy Apostolic Church’”, “On making amendments and a supplement to the Administrative Offences Code of the Republic of Armenia”, “On making an amendment and a supplement to the Criminal Code of the Republic of Armenia” shall not lead to an increase or decrease in the revenues of the State Budget.

DRAFT
LAW OF THE REPUBLIC OF ARMENIA
ON FREEDOMS OF CONSCIENCE AND RELIGION

CHAPTER 1. GENERAL PROVISIONS

Article 1. Subject matter of the Law
1. This Law regulates the relations pertaining to the rights of every person in the Republic of Armenia to freedom of conscience, religion and belief, including the right to change religion or belief, as well as the relations pertaining to the activities, rights and obligations of religious groups and organisations.

Article 2. Guarantees for ensuring the freedoms of conscience, religion and belief
1. The freedom of conscience, religion and belief shall be guaranteed for every person in the Republic of Armenia.
2. This right shall include the rights to profess or not to profess any religion, to have or not to have any belief, to change religion or belief, to manifest religion or belief, either alone or in community with others and in public or private, through teaching, worship, church ceremonies or other rites of religious worship, including the right to act in conformity with one’s religion or belief in daily life.
3. The Republic of Armenia shall guarantee the liberty of parents and guardians to ensure the religious education of their children in conformity with their own convictions.
4. The freedom of religious associations shall be guaranteed in the Republic of Armenia.

Article 3. Prohibition of discrimination and interference
1. All people in the Republic of Armenia, regardless of their attitude towards religion, religious affiliation or belief, shall be equal before the law. Any discrimination based on the religious affiliation of a person or attitude towards the religion thereof, shall be prohibited.
2. Direct or indirect restrictions of the freedoms of conscience, religion and belief, including direct or indirect restrictions of individual or group manifestations of religious worship, except for the cases envisaged by Article 4 of this Law, religious persecutions, inciting religious enmity or stirring up hatred shall not be permitted and shall entail administrative or criminal liability in the cases provided for by law.

CHAPTER 2
RESTRICTIONS ON THE FREEDOM TO MANIFEST CONSCIENCE, RELIGION AND BELIEF

Article 4. Restrictions on the freedom of conscience, religion and belief
1. The exercise of the right to manifest the freedom of conscience, religion and belief may be restricted where it is necessary for the protection of public security, health, morality or the rights and freedoms of others in a democratic society. This restriction also includes the prohibition of proselytism (improper proselytism) and acting in secrecy by religious organisations.2. Advocacy influence on persons with other religious or doctrinal affiliation, which is incompatible with the respect for the freedom of conscience, religion or belief, shall be prohibited օn the territory of the Republic of Armenia.
3. Proselytism – any influence of religious advocacy on persons with other religious and doctrinal affiliation or views for the purpose of converting them to another religion, which is expressed by use or threat of physical or psychological violence on that person or a relative thereof, by providing material or social benefits or taking advantage of their needs, inciting enmity or stirring up hatred against another religion, belief or religious organisation, persecuting the person for two or more times, whereas in relation to a minor under fourteen years of age — without the consent of the parents or guardians thereof.
4. Proselytism shall give rise to criminal or administrative liability in cases provided for by law.
5. The activities of religious associations and organisations exercising or trying to exercise, in the course of their activities, supervision over the personal life, health, property and behaviour of their members, shall be prohibited in the territory of the Republic of Armenia.
6. Religious advocacy or attempts of religious advocacy, without the consent of parents, at instructional or pre-educational or educational institutions where minors are instructed or educated, shall be prohibited in the Republic of Armenia.

CHAPTER 3
RELIGIOUS ASSOCIATIONS

Article 5. Religious associations and religious organisations
1. Everyone shall have the right to form religious associations with others for the purpose of manifesting — in public or private — his or her religion or belief, through professing, teaching, church ceremonies or other rites of religious worship.
2. A religious association is a voluntary union of persons permanently residing in the territory of the Republic of Armenia, which is established for the purpose of jointly professing and disseminating their faith.
3. Religious associations may be established in the form of religious groups or religious organisations.
(1) A religious group is an association consisting of up to 25 adult followers, which has been established for the purpose of jointly professing and disseminating the faith of the participants, and operates without state registration.
(2) Religious organisation is a religious association established for the purpose of jointly professing and disseminating the faith of the participants, is composed of at least 25 adult members and has been registered as a legal entity as prescribed by law.
4. The following shall operate within the Republic of Armenia:
(1) The Armenian Holy Apostolic Church with its traditional organisations;
(2) other religious organisations.

Article 6. State registration of a religious organisation
1. A religious group composed of 25 or more adult followers is subject to mandatory state registration by the central body of the State Registry of the Ministry of Justice of the Republic of Armenia, where there are no grounds for refusal as prescribed by Article 7 of this Law.
2. In order to register a religious organisation, the documents required by the Law of the Republic of Armenia “On state registration of legal entities”, as well as a statute meeting the requirements of part 3 of this Article must be submitted.
3. The statute of a religious organisation must contain information on the nature of the religious organisation, doctrinal affiliation, faith or belief description, structure of the religious association, place of operation, prayer houses and property status, intentions to establish organisations and to create educational and publishing institutions, procedure for the resolution of property and other issues in case of termination of activities, as well as on other particulars of the activities of the organisation.

Article 7. Grounds for refusal of registration of a religious organisation
1. State registration of a religious organisation shall be refused in case of the grounds defined by Article 16 of Law of the Republic of Armenia “On state registration of legal entities”, as well as in case of not meeting the requirements defined by Article 4 and part 2 of Article 6 of this Law.

CHAPTER 4
RIGHTS AND OBLIGATIONS OF A RELIGIOUS ORGANISATION

Article 8. Rights of religious organisations
1. Rights of religious organisations shall be as follows:
(1) to bring together their believers;
(2) to ensure the satisfaction of the spiritual and religious needs and requirements of their believers;
(3) to perform religious services, rituals and ceremonies in prayer houses and areas belonging thereto, in sites of pilgrimages and other places provided for the performance thereof, as well as in cemeteries, houses and apartments of citizens, in hospitals, elderly houses, remand facilities, military units — upon the request of citizens therein who are members of the religious organisation concerned;
(4) in cases not envisaged by points 3 of part 1 of this Article, public worship , religious rituals and ceremonies shall be carried out as prescribed by the Law of the Republic of Armenia “On freedom of assemblies”;
(5) to create relevant religious teaching groups for the religious education of their members and the children thereof — upon the consent of the parents — using for that purpose the premises belonging or allocated to them;
(6) to engage in theological, religious, historical and cultural studies;
(7) to prepare clergy or scientific and pedagogic staff at the educational institutions of the spiritual centres thereof;
(8) to purchase and use materials and items of religious significance;
(9) to establish connections with religious organisations of other countries, to invite the representatives thereof, to second their believers to abroad for the purpose of participating in pilgrimages, meetings and other religious events, as well as for study or leisure purposes;
(10) to obtain any property not prohibited by law and dispose of, use and possess that property as prescribed by the Statute thereof.
2. Religious organisations may refer to other persons and organisations with the request of voluntary monetary and other donations, receive and dispose of them.
3. Monetary and other donations received by religious organisations, proceeds received from persons shall not be subject to taxation.
4. Rights defined by this Article shall arise from the moment the relevant religious organisation obtains state registration in the Republic of Armenia.

Article 9. Obligations of religious organisations
1. Religious organisations shall be obliged to comply with the Constitution and laws of the Republic of Armenia, have respect for the freedom of conscience, religion and belief of other religious organisations and groups, including persons with other religious or doctrinal affiliation.
2. Religious organisations shall be obliged to ensure the preservation and intended use of the facilities, areas and other property delivered to them by ownership, as well as of historical monuments owned by them.
3. Religious organisations may not be financed by foreign states, natural and legal persons.
4. Religious organisations may not be financed by political parties or finance them.

CHAPTER 5
RELATIONS BETWEEN THE STATE AND RELIGIOUS ORGANISATIONS

Article 10. Relations between the State and religious organisations
1. In the Republic of Armenia, the church is separated from the State. According to this provision, the State:
(1) shall not interfere with the activities complying with the law and internal life of the Church and religious organisations, shall prohibit the activities of a state body or person executing the tasks thereof within the structure of churches and religious organisations;
(2) shall prohibit the participation of the church in public administration, shall not impose any state function on the church and religious organisations.
3. The State shall recognise the confidentiality of confession. An ordained confessor may not be interrogated in criminal investigation bodies and in the court, in respect of circumstances revealed to him during confession.

Article 11. The authorities of the authorised body
1. Relations between the State and religious organisations shall be regulated by the body authorised by the Government of the Republic of Armenia — the Ministry of Justice of the Republic of Armenia — which shall:
(1) register religious organisations;
(2) exercise supervision over the activities of religious organisations;
(3) file a motion to a court to suspend or terminate the activities of religious organisations violating the law;
(4) assist, upon the request of religious organisations, in reaching an agreement with state bodies on specific issues and provide the necessary support in resolving those issues by state bodies;
(5) participate, on behalf of the State, as a mediator in the resolution of issues and disputes arising between the religious organisations of Armenia;
(6) exercise other powers prescribed by this Law.

CHAPTER 6
PUBLICITY OF THE ACTIVITIES OF A RELIGIOUS ORGANISATION

Article 12. Publicity of the activities of a religious organisation
1. The activities of a religious organisation shall be public.
2. For the purpose of fulfilling the requirement defined by part 1 of this Article, the executive body formed by the supreme authority of the religious organisation shall — every year, until 25 March of the following accounting year — be obliged to publicise on its official Internet website the following:
(1) total amount of annual proceeds (including membership fees) of the organisation;
(2) total amount of annual expenses of the organisation;
(3) description of activities carried out, titles and locations of programs implemented during the previous year (if implemented);
(4) the number of the members of the organisation as of 1 January of the year concerned;
(5) governing bodies of the organisation and names and last names of the officials of those bodies;
(6) address of the organisation.
3. The organisation shall notify the Ministry of Justice of the Republic of Armenia (hereinafter referred to as “the authorised body”) of the address of its official website.
4. Organisations, which do not have an official Internet website, shall — within the time limits defined by part 2 of this Article — submit the information referred to in part 2 of this Article to the authorised body for publication on the relevant website of the authorised body.

CHAPTER 7
SUPERVISION OVER THE ACTIVITIES OF A RELIGIOUS ORGANISATION

Article 13. Supervision over the activities of a religious organisation
1. Supervision over the compliance by a religious organisation with the requirements of laws shall be exercised by the authorised body and in cases defined by law — also by other competent state bodies in accordance with their authorities and the procedures for checks and examinations provided for by law.
2. In case of detecting violations of the requirements of laws by a religious organisation, which may be eliminated through measures undertaken by the organisation, the authorised body shall send a written warning to the organisation by defining therein the procedure and time limits for eliminating the detected violations.

CHAPTER 8
SUSPENSION AND TERMINATION OF THE ACTIVITIES OF A RELIGIOUS ORGANISATION

Article 14. Suspension of the activities of a religious organisation
1. In the cases referred to in part 2 of Article 13 of this Law, the authorised body may, at the same time, apply to the court with the request of suspending the activities of a religious organisation, where otherwise the elimination or prevention of the violations is not possible.
2. The activities of a religious organisation may be suspended for not more than six months.
3. The religious organisation may, in case of eliminating during the suspension period the violations serving as a ground for suspension, apply to the court with a request of withdrawing the suspension.
4. In case the religious organisation fails to eliminate the violations within the specified time limit, the state authorised body may apply to the court with a request of extending the suspension period or liquidating the religious organisation on the ground defined in point 3 of part 2 of Article 15 of this Law.
5. The suspension period may be extended for not more than two months.

Article 15. Liquidation of a religious organisation
1. A religious organisation may be liquidated:
(1) upon the decision of the supreme authority of the religious organisation;
(2) as a result of bankruptcy, as prescribed by law;
(3) through a judicial procedure, in case of grounds referred to in part 2 of this Article;
2. A religious organisation shall be liquidated through a judicial procedure where:
(1) the activities of the religious organisation are aimed at violent overthrow of the constitutional order, at inciting or stirring up national, racial, religious hatred or enmity, at advocating violence or war;
(2) in case a religious organisation commits such violations of the requirements of laws, which may not be eliminated through measures undertaken by the organisation;
(3) the religious organisation has not eliminated the violations within the specified time limit after receiving a written warning, as prescribed by part 2 of Article 13 of this Law;
(4) the religious organisation has committed a similar violation within one year after receiving a written warning, as prescribed by part 2 of Article 13 of this Law;
(5) the documents submitted during the state registration of the organisation have contained false data of essential nature.
3. In order to liquidate a religious organisation on the grounds referred to in part 2 of this Article, the authorised body shall apply to the court.
4. A religious organisation shall be liquidated on the grounds referred to in part 2 of this Article, where the other measures for eliminating or preventing the violation are exhausted or the violations may not be eliminated otherwise.
5. The court may suspend the activities of the religious organisation for the period defined by part 2 of Article 14 of this Law, where the violations are possible to be eliminated or prevented without the liquidation of the religious organisation.
6. The state registration of the liquidation of the organisation shall be carried out as prescribed by the Law of the Republic of Armenia “On state registration of legal entities”.

CHAPTER 9
FINAL AND TRANSITIONAL PROVISIONS

Article 16. Final and transitional provisions
1. This Law shall enter into force on the tenth day following the day of its promulgation.
2. Where an application on registration of a religious organisation has been submitted before the entry into force of this Law, and the organisation has not been granted state registration before the entry into force of this Law, the registration thereof shall be carried out in compliance with the requirements of this Law.
3. The Law N–0331-I of 17 June 1991 “On freedom of conscience and religious organisations” shall be repealed upon the entry into force of this Law.

DRAFT
LAW OF THE REPUBLIC OF ARMENIA
“ON MAKING A SUPPLEMENT TO THE LAW OF THE REPUBLIC OF ARMENIA ON THE RELATIONS BETWEEN THE REPUBLIC OF ARMENIA AND THE ARMENIAN HOLY APOSTOLIC CHURCH”

Article 1. The Law HO-80-N of 22 February 2007 “On the relations between the Republic of Armenia and the Armenian Holy Apostolic Church” shall be supplemented with Article 12.1 which reads as follows:
“Article 12.1 Relations between the Armenian Holy Apostolic Church and the State
1. The State shall not impede the implementation of the following exclusive missions of the Armenian Holy Apostolic Church:
(1) freely preaching and disseminating its religion within the whole territory of the Republic of Armenia. Official coverage of the doctrine of the Armenian Holy Apostolic Church by mass media or during the mass events may be carried out only upon the approval of the Armenian Holy Apostolic Church;
(2) re-establishing its historical traditions, structure, organisations, dioceses and communities;
(3) building new churches and making its historical monument-churches operative either upon the request of the believers or its own initiative;
(4) contributing to the spiritual education of the Armenian people, as well as in state educational institutions as prescribed by the law;
(5) practically promoting the further moral development of the Armenian people;
(6) undertaking charitable and benevolent activities;
(7) having permanent religious representatives in hospitals, elderly and disabled houses, military units, remand facilities, including the investigatory isolation cells.
2. The Armenian Holy Apostolic Church as a national church, which operates also outside of the territory of the Republic, shall be subject to protection by the Republic of Armenia within the scope of the international legal norms.
3. The working day following major feast days may be transferred to the preceding or the next Saturday according to the decision of the Government of the Republic of Armenia.”.
Article 2. This Law shall enter into force on the tenth day following the day of its promulgation.

DRAFT
LAW OF THE REPUBLIC OF ARMENIA
ON MAKING AN AMENDMENT AND A SUPPLEMENT TO THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA

Article 1. Article 160 of the Criminal Code of the Republic of Armenia of 18 April 2003 shall be amended as follows:
“1. Obstructing the freedom of a person to profess or not to profess any religion, to have or not to have any belief, to change religion or belief, to manifest religion or belief, either alone or in community with others and in public or private, through teaching, worship, church ceremonies or other rites of religious worship, including the freedom to act in conformity with one’s religion or belief in daily life, or the lawful activities of religious organisations — shall be punished by a fine in the maximum amount of three-hundred-fold of the minimum salary, or by detention for a maximum term of two months.
2. The act provided for in the first part of this Article that has been committed
(1) by a group of persons acting in conspiracy or by an organised group;
(2) by an official — by use of his or her official position;
(3) by use of or threat to use violence —
shall be punished by a fine in the maximum amount of five-hundred-fold of the minimum salary, or by detention for a maximum term of three months, or by imprisonment for a maximum term of two years.
3. The act provided for in the first part of this Article that has been committed with motives of national, racial or religious hatred or fanaticism —
shall be punished by imprisonment for a maximum term of four years”.

Article 2. The Code shall be supplemented with Article 160.1 which reads as follows:
“160.1 Proselytism
1. Proselytism — any influence of religious advocacy on persons with other religious and doctrinal affiliation or views, which is expressed by inciting enmity or stirring up hatred against another religion, belief or religious organisation, persecuting the person for two or more times, in relation to a minor under fourteen years of age without the consent of the parents or guardians thereof, by use or threat of violence —
shall be punished by a fine in the maximum amount of three-hundred-fold of the minimum salary, or by detention for a maximum term of two months.
2. Proselytism that has been committed:
(1) by a group of persons acting in conspiracy or by an organised group;
(2) by an official — by use of his or her official position —
shall be punished by a fine in the maximum amount of five-hundred-fold of the minimum salary, or by detention for a maximum term of three months, or by imprisonment for a maximum term of two years.
3. Proselytism that has been committed with motives of national, racial or religious hatred or fanaticism —
shall be punished by imprisonment for a maximum term of four years”.

DRAFT
LAW OF THE REPUBLIC OF ARMENIA
ON MAKING AMENDMENTS AND A SUPPLEMENT TO THE ADMINISTRATIVE OFFENCES CODE OF THE REPUBLIC OF ARMENIA

Article 1. Article 205.2 of the Administrative Offences Code of the Republic of Armenia of 6 December 1985 (hereinafter referred to as “the Code”) shall be amended as follows:
“Article 205.2. Religious advocacy among minors
1. Religious advocacy or attempts of religious advocacy, without the consent of parents, at instructional or pre-educational or educational institutions where minors are instructed or educated —
shall entail imposing of a fine in the amount of two-hundred-fold to four-hundred-fold of the minimum salary.
2. Formation of religious groups — involving minors not having attained the age of fourteen, without the consent of their parents — for the purpose of making religious advocacy —
shall entail imposing of a fine in the amount of three-hundred-fold to five-hundred-fold of the minimum salary”.

Article 2. Article 205.3 of the Code shall be amended as follows:
“Article 205.3. Avoiding to register a religious group
1. Avoiding to register a religious group having 25 or more adult followers or including obviously false information in the documents submitted for registration by the leader of the religious group —
shall entail imposing of a fine in the amount of six-hundred-fold to one-thousand-fold of the minimum salary”.

Article 3. The Code shall be supplemented with Article 205.4 which reads as follows:
“Article 205.4 Persecution or provision of benefits of material or social nature for the purpose of converting to another religion
1. Any influence of religious advocacy on a person having other religious or doctrinal affiliation or views for the purpose of converting to another religion, which is expressed by persecution of that person for two or more times or provision of material or social benefits or taking advantage of their needs — shall entail imposing of a fine in the amount of two-hundred-fold to three-hundred-fold of the minimum salary”.

Article 4. Article 206 of the Code shall be amended as follows:
“Article 206. Violation of the requirements of the Law by religious organisations
1. Failure to publish information — by a religious organisation on its official web site — for each year, by 25 March of the following year, on the amount of annual proceeds and expenses, the description of activities performed during the preceding year, the titles and locations of programmes, the number of members of the organisation as of 1 January of the given year, the leaders of the organisation and the officials thereof, the number of sittings of supreme and governing bodies held during the preceding year, the registered office of the organisation, or failure to submit that information to the Ministry of Justice of the Republic of Armenia in case of not having a web site or including obviously false information therein — shall entail imposing of a fine in the amount of three-hundred-fold to five-hundred-fold of the minimum salary.
2. Getting financial assistance by religious organisations from foreign states, natural or legal persons — shall entail imposing of a fine in the amount of seven-hundred-fold to one-thousand-fold of the minimum salary.
3. Financing of political parties or getting financing therefrom by religious organisations — shall entail imposing of a fine in the amount of five-hundred-fold to eight-hundred-fold of the minimum salary.
4. Exercising supervision by religious organisations over the personal life, health, property and conduct of the members thereof — shall entail imposing of a fine in the amount of two-hundred-fold to four-hundred-fold of the minimum salary”.
ARTICLE 5. This Law shall enter into force on the tenth day following the day of its promulgation.