Контакт податоци

Комисија за односи со
верските заедници и религиозни групи

Бул. Гоце Делчев бр 8, зграда на МРТВ,18 спрат,
1000 Скопје, Р. Македонија, П.Фах52
тел. + 389 2 3226-777;
факс +389 2 3226-353
e-mail: kovz@kovz.gov.mk

  Работно време со странки

вторник: oд 10.00-12.00 часот

четврток: од10.00-12.00 часот

                     

 БАРАЊЕ ЗА ИЗДАВАЊЕ НА РЕШЕНИЕ

 

 ОТВОРЕНО-ПАРТНЕРСТВО

OPEN DATA

 

             

 КАРТА НА ВЕРСКИ ОБЈЕКТИ ВО РЕПУБЛИКА МАКЕДОНИЈА

 

  

 ВЕРСКИ

АЛМАНАХ


 
 
 
   

 

   Медиумски пријатели
   www.vest.com.mk
   www.mia.com.mk
   www.vecer.com.mk

Корисни линкови
ЗАКОНСКИ АКТИ И ОДЛУКИ

Law on the Legal Status of Churches, Religious Communities and Religious Groups

 

Pursuant to Article 75, paragraphs 1 and 2 of the Constitution of the Republic of Macedonia, the President of the Republic and the President of the Assembly of the Republic of Macedonia issue this

D E C R E E

FOR PROMULGATION OF THE LAW ON THE LEGAL STATUS OF CHURCHES, RELIGIOUS COMMUNITIES AND RELIGIOUS GROUPS

 

The Law on the Legal Status of Churches, Religious Communities and Religious Groups, adopted by the Assembly of the Republic of Macedonia, on its session held on 5 September 2007, is hereby proclaimed.

 

President

of the Republic of Macedonia

Branko Crvenkovski

 

 

 

 

President

of the Assembly of the Republic of Macedonia

Ljubisha Georgievski

 

 

 

LAW ON THE LEGAL STATUS OF CHURCHES, RELIGIOUS COMMUNITIES AND RELIGIOUS GROUPS

I. GENERAL PROVISIONS

 

Article 1

(1) This Law shall regulate the establishment and the legal status of churches, religious communities and religious groups, religious services, prayers and religious rites, religious instruction and educational activities, revenues of churches, religious communities and religious groups, as well as other issues.

(2) The church, religious community and the religious group shall be separated from the state and shall be equal before the law.

Article 2

(1) A church, religiuous community and religious group, within the context of this law, shall represent voluntary communities of individuals who with their religious beliefs and sources of their learning, exercise freedom of religion, united by their faith and identity, expressed with equal religious service, prayers, rites  and other forms of expression of faith.

(2) A religious officer is a person who is in service and with their religious belief belong to the church, religious community and a religious group, and performs religious rites, as well as educational, organisational and charitable activities in accordance with the norms of the supreme authority of their registered church, religious community and religious group, which are in accordance with the Constitution, laws and regulations in the Republic of Macedonia.

Article 3

Everyone shall have the right to freedom of belief, thought and conscience and this shall also include the freedom to manifest one's own religion or belief, either individually or jointly, in public or in private.

 

Article 4

(1) Religious discrimination shall not be allowed.

(2) Religious belief shall not exempt a citizen of the obligations they have as citizens under the Constitution, laws and other regulations, unless otherwise regulated by law or other regulations.

Article 5

A church, a religious community and a religious group shall have the right of inner freedom to organise their management authorities, hierarchy and authority, as well as designate persons who will represent them and adopt acts in relation to them.

 

Article 6

The State shall respect the identity of churches, religious communities, religious groups and other forms of religious associations and shall establish ongoing dialogue and develop forms of permanent cooperation with them.

 

Article 7

(1) A church, a religious community and a religious group perform their activities in accordance with the applicable legislation of the Republic of Macedonia, international declarations and conventions on freedom of religious belief and expression of faith.

(2) The State bodies, within their competences, shall create conditions for free exercise of the activities of the church, religious community and religious group.

Article 8

The law may limit the freedom to manifest one's religion or beliefs if it is necessary in the interest of public safety, order, health, morals or protection of the rights and freedoms of others.

II. LEGAL STATUS OF CHURCHES, RELIGUOUS COMMUNITIES AND RELIGIOUS GROUPS

 

Article 9

(1) A church, a religious community and a religious group shall be enlisted in the Single Court Register of Churches, Religious Communities and Religious Groups (hereinafter: the Competent Register), with which they shall acquire the status of a legal entity.

(2) The state administrative body competent for the relations between the state and religious communities shall keep records as regards the registered church, religious community and religious group.

(3) A church, religiuous community and religious group shall be enlisted in the competent registry, unless already registered.

Article 10

(1) The name and official insignia of each new church, religious community and religious group must be different from the names and official insignia of already registered churches, religious communities and religious groups.

(2) The word "Macedonia", its derivatives and the translations of this word, as well as the coat of arms and the flag of the Republic of Macedonia can be used in the name and insignia of churches, religious communities and religious groups in a manner which displays the eminence and dignity of the Republic of Macedonia.

(3) The Ministry of Justice shall give written consent on the use of the name "Macedonia".

 

Article 11

(1) The Basic Court “Skopje II” shall be competent for maintaining the Single Court Register of Churches, Religious Communities and Religious Groups.

(2) The data entered in the competent register shall be public.

(3) The Minister for Justice shall prescribe the form and content of the competent register and the manner in which it is kept.

 

Article 12

(1) The enlisting in the competent Register shall be based on request.

(2) The application referred to in paragraph (1) shall be accompanied by the following:

- Minutes of the founding assembly,

- Act of establishment,

- Act which regulates status, organisation and operation,

- a description of learning resources referred to in Article 2 (1) of this Law,

- Decision on the assignment of a person authorised to represent a church, religious community and religious group, and

- proof of citizenship of the founders and the person authorised to represent a church, religious community and a religious group.

(3) The church, the religious community and the religious group shall be bound to designate a responsible person who will submit an application for registration to the competent register, within 30 days of the date of adoption of the decision on establishment.

(4) If the application referred to in paragraph (1) of this Article is not accompanied by all required documents, the court shall invite the applicant to submit the required documents within 15 days of the notification; otherwise the application shall be rejected.

Article 13

The Act of Establishment referred to in Article 12 (2), item 2 of this Law shall include:

- Name and title of the church, religious community and religious group in the Republic of Macedonia,

-  seat and address of the church, religious community and religious group in the Republic of Macedonia,

- description of the insignia and marks that the church, religious community and religious group will use,

- name of the person who is obliged to submit an application for registration to the competent register,

- means of expression of religious affiliation and performance of religious cult

- and funding of the church, religious community and religious group and their component parts and method of supervision of the financial and material disposal of assets.

Article 14

If the conditions laid down in Articles 12 and 13 of this Law are met, the registration court shall, within eight days from the date of submission of the application, enlist a church, religious community and a religious group in the competent register.

Article 15

The decision with which a church, religious community and religious group is enlisted shall contain the following information:

- name or title,

- seat and address, and

- name of the person who represents the church, religious community and the religious group.

 

Article 16

(1) If the material conditions prescribed in this Law on registration of a church, a religious community and religious group are not met, the court shall reject the request.

(2) Only the applicant may file a complaint to the Court of Appeal regarding the decision to reject the application, within 15 days from the date of receiving the decision.

Article 17

(1) The registered church, religious community or religious group shall be bound to notify the competent court in the event of a decision as regards termination or deletion from the register, for the purpose of deleting it from the competent register.

(2) The registered church, religious community and religious group shall be bound to report to the competent court as regards any changes in terms of the elements that are recorded in the competent register within 15 days of the change.

III RELIGIOUS SERVICE, PRAYER AND RELIGIOUS RITE

 

Article 18

(1) A religious cult shall be performed in religious objects such as temple, mosque, house of prayer, synagogue, cemetery and other premises of a church, religious community and a religious group.

(2) A religious cult can be performed and practiced in other rooms and public areas.

(3) A religious ceremony, prayer and other manifestations of faith in a religious object or at places referred to in paragraphs (1) and (2) of this Article may be organised and performed by a religious officer of a church, a religious community or a religious group in the Republic of Macedonia or with their permission.

(4) A pilgrimage shall be an organised journey of a group of religious people and religious officials to sacred places, by a church, religious community and religious group. When organising a pilgrimage, the organiser shall be bound, as regards the religious people and religious officials, to apply the regulations to protect the population from infectious diseases related to preventive care.

(5) Any false presentation of a religious official and abuse of religious uniforms and insignia of a registered church, a religious community and religious group shall not be allowed.

(6) Nobody shall obstruct priests and religious officials of churches, religious communities and religious groups in the Republic of Macedonia in the performance of their religious activities in public religious objects and where it is permitted in accordance with this Law.

Article 19

(1) A religious object shall be built on a request for issuance of a building permit.

(2) The bodies of the municipalities and the City of Skopje in charge of urban planning and adoption of urban plans in the procedure before granting approval for construction of religious buildings can seek advice from the existing church, religious community or religious group, which is not binding for the body.

 

Article 20

(1) Persons in hospitals, orphanages and homes for the elderly, military and police institutions and spaces, prisons and similar institutions can express their faith and upon their personal request, be visited by priests for performance of religious rites and other forms of manifestation of religion or belief in accordance with the house rules of the institution in which they are placed.

(2) The persons referred to in paragraph (1) of this Article may be visited by a religious official for the performance of religious rites.

(3) The institutions referred to in paragraph (1) of this Article within their legal and spatial opportunities may provide a room for performance of religious rites.

IV. RELIGIOUS INSTRUCTION AND EDUCATIONAL ACTIVITIES

Article 21

(1) Church, religious community and religious group may organise religious instruction.

(2) Religious instruction shall be carried out in the premises where religious rites and other means of public expression of faith are observed, as well as other public and private spaces and at places where it shall not violate public order and peace.

Article 22

(1) A church, a religious community and religious group shall have the right to establish religious educational institutions at all levels of education, except for primary education, for education of priests and religious officials, as well as dormitories for accommodation of persons educated in these institutions.

(2) Religious educational institutions shall be equal with other educational institutions and their students shall have the same rights and obligations.

 

Article 23

(1) A church, religious community and religious group shall be bound to submit the notification for the establishment of a religious school, along with the act on the purpose and the internal organisation of the school and curriculum, in accordance with the provisions of this Law, to the authority competent for matters on relations between the state and religious communities, at least 90 days prior to the beginning of its operation.

(2) The authority competent for relations between the state and religious communities shall be bound to submit their view to the church, religious community or religious group, within 60 days from the date of submission of the notification.

Article 24

(1) Curricula and programs in religious schools must not be contrary to the Constitution and laws.

(2) The state administrative body competent for education may inspect the curricula of religious schools in terms of paragraph (1) of this Article.

 

Article 25

(1) Teaching in religious schools shall be carried out by citizens of the Republic of Macedonia.

(2) Upon exception, if a church, religious community and a religious group need adequate staffing, teaching at a religious school may be conducted by a foreign national, in accordance with the regulations on residence of foreign nationals in the Republic of Macedonia and with the approval of the authority competent on matters concerning relations between the state and religious communities.

Article 26

(1) A church, religious community and a religious group shall independently manage religious schools and other educational institutions, as well as dormitories that can be established in accordance with this or other laws.

(2) The competent person in the religious school, educational institution or dormitory shall be bound to provide available data to the state administrative body competent for education, required for the inspection of their work within the timeframe specified by that authority to correct any deficiencies.

Article 27

(1) In educational institutions religious education may be organised as an optional course in accordance with the law.

(2) In the preparation of the curriculum that determines optional courses in the field of religious education, church, religious community and a religious group may be consulted by the authorities competent on matters regarding relations between the state and religious communities.

 

Article 28

Religious education as an optional course can be taught only by persons who meet the specific requirements for this purpose.

Article 29

Students younger than 15 years can attend religious education as an optional course upon consent of their parents or guardians.

 

Article 30

Church, a religious community and religious group may establish humanitarian, cultural, social, health, welfare and other institutions in the procedure and under the conditions determined by this Law and other laws.

Article 31

Church, a religious community and religious group may use the media to publish, import and export printed materials in accordance with the law, as well as to establish their own media.

V. REVENUES OF CHURCHES, RELIGIOUS COMMUNITIES AND RELIGIOUS GROUPS

 

Article 32

Revenues of the church, religious community and religious group shall be derived from their own funding, private philanthropy, donations and other forms of financing.

 

Article 33

(1) A church, religious community and a religious group shall have independent disposal of the earned income, in accordance with the law and regulations of the church, religious community and a religious group.

(2) The financing of the church, religious community and religious group, as well as the spending of funds shall fall under the regulation for non-profit organisations and public interest organisations.

VI. TRANSITIONAL AND FINAL PROVISIONS

 

Article 34

The Minister for Justice, within 90 days from the date of entry into force of this Law, shall adopt the act on the form and content of the registration form in the competent register and the manner in which it is kept.

 

Article 35

(1) The body in charge of matters as regards the relations between the state and religious communities shall, within 60 days from the date of application of this Law, submit to the Basic Court “Skopje II” in Skopje, the data and documents of existing churches, religious communities and religious groups enlisted in its register.

(2) All churches, religious communities and religious groups registered by the authority competent for the relations between the state and religious communities by the end of 1998 shall be able to retain the existing legal subjectivity and status, and their data shall be transmitted and recorded in the relevant register within the period referred to in paragraph (1) of this Article.

 

Article 36

With the date of application of this Law, the Law on Religious Communities and Religious Groups (Official Gazette of the Republic of Macedonia No. 35/97) shall cease to be valid.

 

Article 37

This Law shall enter into force on the eighth day from the date of its publication in the Official Gazette of the Republic of Macedonia, and it shall apply from 1 May 2008.