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On Religios Denominations

No. 979 - XII from 24/03/1992
[Parliament Monitor no.3 from 30/03/1992]

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Chapter I

GENERAL PROVISIONS

Article 1. Freedom of Conscience

Everyone has the right to freedom of thought, conscience and religion. This right shall be manifested in a spirit of tolerance and mutual respect and includes freedom to change one’s religion or belief, to profess a religion or belief either alone or in community with others, in public or private, through religious denominations, education, practices, and worship.

In the exercise of the right to freedom of conscience and religion, everyone shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
[Art. 1 as amended by Law no. 263-XIV from 24/12/1998]

Article 1/1. Excessive Proselytism

Excessive proselytism is prohibited.

Excessive proselytism constitutes any attempt to influence religious conscience of other person through violence and abuse by authority.
[Art. 1/1 introduced by Law no.263-XIV from 24/12/1998]

Article 2. General Rights and Obligations

Nobody shall be persecuted for his religious belief or non-belief.

Religious belief or non-belief, activity within an officially recognized religious denomination shall not impede anybody to obtain and exercise one’s civil and political rights and shall not exempt anyone from one’s duties prescribed law.

Article 3. Freedom of Confession

Nobody shall be constrained to either practice or not a religious exercise of any religious denomination, as well as to contribute or not to the expenses of a religious denomination.

Article 4. Religious Intolerance

Religious intolerance manifested in ways, which impede the practice of an officially recognized denomination, constitute a crime and shall be punished according to the law.


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Article 7. Religious Holidays

The State guarantees the declaration of religious holidays recognized by it for rest and spiritual development.


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Article 9. Freedom of Organization and Activity of Religious Denomination

Religious denominations can freely organize and function, in accordance with the present Law.

Religious denominations will be organized following their own norms, teachings, canons, and traditions.

Religious denominations are prohibited to specify in their statutory documents or to practice activities aiming to infringe the independence, sovereignty, integrity and security of the Republic of Moldova, its public order; or related to political activity, or to specify other norms or practice other activities, infringing the Constitution of the Republic of Moldova, the present Law and current legislation.
[Art. 9 as amended by Law no.1220-XV from 12/07/2002]

Article 10. Basic Principles of Religious Denominations’ Organization

Religious denominations are organized based on their own norms according to their teachings, canons and traditions and enjoy the right to establish associations and foundations.

Article 11. Disciplinary Bodies

Officially recognized religious denominations, which have bodies enforcing the rules of behavior of their employees, shall present these bodies’ statutes to the State Body for Religious Denominations.


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Chapter II

RELATIONS BETWEEN STATE AND RELIGIOUS DENOMINATIONS

Article 13. Cooperation

The state can support the cooperation between traditional Orthodox Church and other recognized religious denominations.

The state can enter, if necessary, into agreements or conventions on cooperation with any recognized religious denomination.

Article 14. Recognition of Religious Denominations

In order to be organized and function, religious denominations shall file an application with the state body for religious denominations about their organization and activity, annexing its statute on organization and activity, containing information about organizational system and its management with an annex on the main principles of belief.

The application, mentioned in Paragraph 1 of this Article, is deposited at the State Body for Religious Denominations, which, within a period of 30 working days starting with day of deposit, shall register the denomination in the Registrar of Religious Denominations.

The state body for religious denominations establishes the Regulations on Registrar for Religious Denominations.

In cases of failure to comply with conditions prescribed by Paragraph 3 of Article 9 of present Law, the registration is recognized invalid on the demand of the state body for religious denominations, with a prohibition to function for up to one year based on court’s decision.

Religious Denomination can restart its activity only in cases of fulfilling court decision requirements and the requirements prescribed by Paragraph 1 and 2 of the present Article.
[Article 14 as amended by Law no.1220-XV from 12/07/2002]

Article 15 excluded by Law no.1220-XV from 12/07/2002.

Article 16. The State Body for Religious Denominations

The state body responsible for religious denominations is the State Religious Denominations Service. Its functions include the supervision of enforcement of current legislation on religious denominations and presentation of legislative drafts for improvement and harmonization of legislative framework on religious denominations.
[Article 16 as amended by Law no.1220-XV from 12/07/2002 ]


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Article 20. Political Parties The establishment of political parties on the basis of religion and belief is prohibited.


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Chapter III

THE PROPERTY OF RELIGIOUS DENOMINATIONS

Article 24. Legal Status

Religious denominations that are officially registered have juridical personality. Are considered juridical persons also religious denominations’ integral parts, institutions and enterprises founded by them after registering them according to the Statute on Religious Denominations Integral Parts Registration.


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Chapter IV

ACTIVITY OF RELIGIOUS DENOMINATIONS


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Article 32. State Non-Interference

Religious denominations are independent, separated from the state and enjoy state’s support.
[Par. 1 Art. 32 introduced by Law no. 263-XIV from 24/12/1998]

State shall not interfere with religious activities of religious denominations. Their economic and financial activities are supervised by the state. Integral parts, institutions and enterprises established by religious denominations are subject to tax law of the state.


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Article 37 excluded by Law no. 493 from 09/07/1999

Article 38. The Language Used by Religious Denominations

Religious denominations use the mother tongue of their believers or the traditional language of religion/belief when performing services and other activities.


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Chapter V

RELIGIOUS, MORAL, AND THEOLOGICAL EDUCATION

Article 40. Organization and Juridical status

Religious Denominations may freely organize education aiming at preparing personnel for their religious activities.


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Chapter VII

CONCLUDNG AND TRANSITIONAL PROVISIONS

Article 49. Judicial Protection

Any act, infringing the rights set for by the present Law and exercised accordingly, can be prosecuted before a court of law.

Anybody found guilty of infringement of the present Law is held responsible in accordance with current legislation.
[Par.2 of Art.49 introduced by Law no.263-XIV from 24/12/1998]


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Article 51. Amendment and Completion of Statutes

The amendment and completion of religious denomination statutes shall be performed according to the established rules with mandatory notice of the state body for religious denominations.
[Art.51 as amended by Law no.1220-XV from 12/07/2002]

Article 52. International Treaties

If an international treaty, to which the Republic of Moldova is party, establishes other norms than those contained in the present Law, the provisions of the international treaty prevail.
[Art. 52 introduced by Law no.1220-XV from 12/07/2002]

The President of
The Republic of Moldova M. Snegur

Chisinau, 24 March 1992
No. 979-XII

Source: Unofficial Translation


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