Pibaev I.A. Constitutional law on public religious events in Italy and Russian Federation

Abstract: The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.

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