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Religious reforms in Russian empire and their influence on the legislation on religious offences

To the beginning of XX century, in the conditions of prompt development of economy and growth of revolutionary moods, the Russian government could not ignore a toleration question any more which to some extent infringed on interests of representatives practically all levels of population (for example, businessmen-Old Believers owned 64 % of the Russian capital).

Ruling circles realised what to continue further former gosudarstvennoyotserkovnuju a policy it was impossible, however tried to be limited to "conservation measures" 1.

The official statistics approved, that only about 20 % of the population of Russian empire constituted not orthodox. On materials of annual reports of the Synod the constant gain of followers of Orthodoxy was observed. In their 1840 was 44 million, in 1860 - 52 million, and in 1890 - 72,1 million persons that constituted approximately 70-80 % of the population [332 [333]. In the Mogilyov province, for example, the quantitative structure of followers of various creeds as of 1864 was the following: the orthodox constituted 738.315 (80 %), Old Believers - 17.396 (1,9 %), Catholics - 43.013 (4,7 %), iudei - 123.243 (13,4 %). Protestants was only 456 persons [334].

The First All-Russia population census spent to 1897 has given more exact data on number of persons of various creeds. From 125,7 million inhabitants (without Finland) appeared: orthodox 87.384.480 persons (about 70 % of the population), Old Believers -
2.173.738 (about 2 %, without the account of the coreligionists ranked to orthodox), Catholics - 10.420.927 (8,3 %), Protestants - 3.743.200 (3 %). To other Christian confessions (so-called sects) belonged 1.121.516 (0,9 %). Moslems was 13.829.421 (11 %), Jews - 5.189.404 (4,1 %), pagans - 655.503 (0,05 %) 1.

However according to the known researcher staroobrjadchestva A.S.Prugavina, official statistical data did not reflect real religious structure of the population which with unwillingness declared openly the religious preferences, being afraid for themselves negative consequences [335 [336]. A.S.Prugavina's assumption indirectly proved to be true comparison of official figures after the Yaroslavl province and data of the statistical expedition, managed to gain the confidence of local residents. So, in 60th of XIX century 7.454 Old Believers have been officially registered, but 278.417 persons, differently - in 37 times more [337] have really been established.

Under instructions of emperor Nikolay II, in 1902 working out of the manifesto on the state transformations has begun. Among other, it included also questions of a church policy which admitted significant for "ohranenija" an existing system. The edition of the Manifesto from February, 26th, 1903 in which it was spoken about granting to all followers inoslavnyh and inovernyh right confessions «free departure of their belief and divine service on ceremonies of this» [338] became result of this work.

The decree to the Senate «About outlines to improvement of the state order» from December, 12th, 1904 has confirmed government intentions to eliminate legal restrictions inovernyh and inoslavnyh confessions. For protection
«To the Empire of tolerance consecrated with Organic laws in belief affairs» have been subjected position revision about the rights of Old Believers and the persons belonging to inoslavnym and inovernym to confessions, for elimination «in their religious life of everyone, direct in the law not established, constraint» 1.

In the conditions of political crisis the aspiration of the power to make change in a legal status of Old Believers has been caused more likely political, than religious necessity. Conservatism and fidelity of Old Believers to a throne were considered as the factor of stability promoting strengthening of positions of Orthodox church [339 [340] [341].

To execute the decree the Committee of ministers has charged to the Minister of Internal Affairs to cancel all administrative regulations limiting a freedom of worship in 3 monthly term. The subordinate legislation, whose action was expedient for keeping in the state interests, should be brought for discussion and the statement of the State council. The duty was assigned to the Ministry of Internal Affairs on supervision of that administrative agencies and private persons did not enter additional restrictions in the field of religion. Application to the affairs connected with religious questions, «Positions about measures to ohraneniju the state order and public peace"and"Position about police surveillance, 3 founded under the order of administrative authorities» was not supposed. The Ober-public prosecutor of the Most holy Synod was entrusted to leave with the petition addressed to the Emperor about the pardon of persons which without court have been plunged to the reference from the places of permanent residence or to imprisonment for «the religious
Errors and following from this acts »1. The circular of the Ministry of Internal Affairs № 1538 from February, 19th, 1905 governors were recommended to take immediate measures to that in their provinces administrative restrictions in the field of religion were not established. Persons, not free residences in the option on religious motives, were released from police surveillance and could come back to the former place of residence. Restrictions from the persons sent for limits of provinces on religious motives on the basis of the decision of the central management of the Ministry of Internal Affairs, local or provincial nachalstv acted in film. Lists of the persons were under police surveillance and subjected to restrictions, went to the Ministry of Internal Affairs for transfer to the Most holy Synod which prepared the suit for pardon [342 [343] [344].

The beginnings of toleration declared earlier have been fixed in the Decree from April, 17th, 1905 which has been urged to provide a freedom of worship to all faiths in territory of Russian empire and to make legally possible transition of Orthodoxy in other Christian confession. «Otpadenie from orthodox belief in other Christian confession or dogma does not come under to prosecution and should not involve what or the unprofitable concerning personal or civil rights of consequences», Decree item 1 said. It was expected, that the Decree edition «will mark itself approach

3

New era in history of our legislation on belief affairs ».

Nevertheless, the Decree «About strengthening of the beginnings of toleration» should cause critical remarks for a number of reasons. So, positions of the Decree have not mentioned the basic supervising ideas of the Russian legislation, and all

Changes were reduced to expansion of the rights of exclusive confessions. Toleration was understood ogranichenno as for an exit from Orthodoxy from criminal prosecution the persons passing in one of Christian confessions were released only, and also the persons who were registered orthodox is formal, but actually professing not Christian belief of the ancestors to which belonged ранее1. However the department of spiritual affairs of foreign confessions of the Ministry of Internal Affairs of Russian empire has denied criticism of positions of the Decree, having explained charges to the government mixture of concepts "freedom of worship" and «freedom of confessions». If the first granted the right to profess religious views and to belong to any confession or dogma, the second - only the right to free departure of a religious cult [345 [346].

Following step after the Decree edition on April, 17th, 1905 the steels of a measure accepted concerning persons, convicted or condemned for committing a crime against religion. The decree «About simplification of a fate of the persons condemned for religious offences» from June, 25th, 1905 from court, punishment and other legal effects released the persons who have made such religious offences, as blasphemy (item 179), nonviolent seduction in not Christian belief (ch. 1 items 184), transition from Christian belief in not Christian (item 185), nonviolent seduction orthodox in other Christian creed (ch. 1 items 187), transition from Orthodoxy in other Christian creed (item 188), infringement of rules of education of children in orthodox belief (item 190), nonviolent hindrance to joining to Orthodoxy (ч.1 191), nonacceptance of measures on prevention of transition from Orthodoxy of the spouse or children (the item 192), fulfilment by the Christian priest of religious practices over obviously orthodox person or catechism teaching to juvenile persons of orthodox confession (item 193, ch. 1 items 194), acceptance without the special permission the Christian
The cleric in the creed inovernogo persons (item 195), distribution raskolnichih and sectarian doctrines, and also preaching of flase doctrines to orthodox persons (chch. 1 and 3 items 196), return transition from Orthodoxy of the person, before belonging to split or heresy (item 204), the edition staropechatnyh books and the device of dissenting monasteries (the item of item 205 and 206) and nonviolent seduction of the person of not Christian belief in other not Christian belief (ch. 1 items 936 of the Penal code of criminal and corrective 1885) And also default of legal requirements or decisions of the governmental and police bodies (Charter item 29 about the punishments imposed by world judges). Concerning the persons who have made listed religious offences after an exit of the Decree from June, 25th, 1905, criminal prosecution (and a limitation period current) stopped to an effective date owing to the Head «About infringement of decisions protecting belief» the Criminal code of 1903 to the Persons condemned for other religious offences, on third imprisonment terms in corrective prisoner branches, fortresses or prison were reduced. To the persons who were serving time on a hard labour, and also minors (about 17 years are elderly), sentenced owing to the age to imprisonment instead of penal servitude, the penal term was reduced to half [347].

The changes made to the legislation have entailed an exit from Orthodoxy of the persons who were considered orthodox only it is formal, but in practice secretly practising the former religions. Especially considerably this process occurred on suburbs of Russian empire. According to the Ministry of Internal Affairs, for four years (from April, 17th, till January, 1st, 1909) from Orthodoxy in other creeds has passed 308.758 persons. From them: 232.705 persons - in a Catholicism, 14.527 - in a Lutheranism, 49.759 - in Moslem, 4.240 - in staroobrjadchestvo, 3.093 - in sectarianism. Transition in a Catholicism was especially numerous in the Kingdom Polish (167.957 persons) and in provinces
Western края1. So, in a Holmsky diocese from Orthodoxy in a Catholicism has passed 110.000 persons, in Vilensky - 30.000, in Minsk and Grodno - on 10.000 persons in everyone [348 [349]. In other diocesan districts of Russian empire in 1905-1908 in a Catholicism has passed only 2.150 persons [350]. The exit from Orthodoxy of inhabitants of some places and villages could have mass character. For example, all «were, so-called persisting» place Logishina of Pinsky district of the Minsk province have addressed with the collective application to the Bishop Minsk and to Turovsky «about deduction» them from among orthodox [351].

However, fears of the government, that the Decree will cause on April, 17th, 1905 mass flight of believers from Orthodoxy, were not justified. Since 1909, the number joining Orthodoxy exceeded number leaving of it: has disappeared 9.768, has joined - 11.373 persons. In 1910 has disappeared 11.162, and 14.666 persons have joined. In 1911 these figures have constituted accordingly 13.768 and 16.281 persons; in 1912 - 13.493 and 18.293; in 1913 - 12.346 and 19.538; in 1914 - 10.638 and 18.966 persons; in 1915 - 5.776 and 16.521 [352]. Under statistical data of orthodox dioceses, the orthodox population in Russia in 1911 has constituted 97.218.127 persons of both sexes; in 1912 - 99.166.662 persons [353].

Cases of return transition in Orthodoxy of the persons who have been "clarified" or «convinced were frequent, that the true belief is Christian». For example, bourgeois R.M.Drapkina has decided «to leave the Jewish belief» and asked «to make the order that over it have made sacrament of a christening». Vykrest V.Raskin, «under the influence of strong irritation against not Christian reference of the godfather... And also the godmother», has addressed to the state rabbi [354] «with desire back to pass in iudejstvo». However then «it is instant
Has repented »and has addressed with the application again« to rank it as the list orthodox », having imposed on it« any church punishment »1.

Concerning propagation polonizma Catholic priests the Committee of ministers has passed the following decision: the Minister of Internal Affairs informed on each of similar cases to the Catholic diocesan heads which should inflict guilty to punishment under initial laws. In default a bishop to apply punishment, the minister possessed the right to discharge guilty from a post [355 [356] [357].

Formal restrictions on an exit from Orthodoxy were established «by Rules for transition of the persons who are registered orthodox, in inoslavnye Christian confessions and dogmas» from August, 18th, 1905 which have been developed by the Ministry of Internal Affairs. According to them, the person, being orthodox only formally and having expressed intention to pass from Orthodoxy in inoslavnoe Christian or inovernoe not Christian confession, should address with the application to the local governor directly or through district police bodies. The governor immediately notified on reception of such statement the diocesan heads for the certificate of that fact, that the specified person practised really earlier other religion. Then, not later than monthly term from the date of statement reception, the governor left to its representatives inoslavnoj or inovernoj to the spiritual power. Similar procedure has been provided for primordially orthodox persons, wishing to pass in one of inoslavnyh Christian confessions. Affairs about an exit from Orthodoxy opened orthodox clerics, and to the governor was informed on the reasons which have caused similar intention. In case of unsuccessfulness spent «admonitions disappearing from
Orthodoxy », the governor gave the consent to its transition. To other creed or belief representatives inovernogo or inoslavnogo clergy informed on the fact of joining of the person to the local governor for the subsequent exception of the passed person from orthodox metric книг1.

In 1907 and 1909 the Ministry of Internal Affairs has reminded governors of necessity strictly to adhere to Rules from August, 18th, 1905 and not to suppose joining of orthodox persons to staroobrjadchestvu to their exception of parish registers under the decision of a spiritual consistory [358 [359]. All facts of an exit from Orthodoxy were strictly fixed in parish registers of arrivals where the initial ceremony of a christening has been made. When transition was carried out not in a christening place, spiritual bodies immediately informed each other on it. For example, the native of the Mogilyov province V.F.Zhuravskaja was kreshchena prichtom the Mogilyov Nikolaev church. From orthodox confession in Catholic it has passed in Kiev on what the Kiev governor has informed in the Kiev spiritual consistory, and that, in turn, has notified on transition the Mogilyov spiritual consistory [360]. Nevertheless, the restrictive measures taken by the state did not become an absolute obstacle in a way of believers. Having taken advantage of the Decree on April, 17th, 1905, from Orthodoxy "has the same year disappeared" in a Catholicism more than 170 thousand people, in Islam - 36 thousand, in a Lutheranism - 11 thousand [361]

Studied within the limits of preparation of dissertational research materials of archival affairs testify that motives of an exit from Orthodoxy quite often have not been connected with religious beliefs, dogmas and traditions, and had more likely the secular character caused by daily household needs
Applicants. For example, the diocesan missionary and Decent 1 districts of the Minsk district, priest Konstantin Popov has in detail enough reflected motives of the Minsk bourgeois M.K.Kitajchik in the official report-report, wished to leave Orthodoxy and to return to the Jewish belief. The steel reasons «isolated position Kitajchik among Christians and desire to marry and live the family. From the Jewish family it was separated, and the Christian environment has coldly concerned it. Even godfathers it have left St. Christenings Kitajchik which have apprehended from a font to the mercy of fate and have not shown to it Christian warm, warm participation. 14 years were lived by her among Christians prislugoju, feeling the odinokost, understanding herself any newcomer in the new world of people. At its christening laughed, joked, called her« kreshchyonoj zhidovkoj », held it as enslaved to the slave, not giving it possibilities to happen in the St. Temple and at St. Communicating. She dreamt to marry the Christian - it was not necessary». The gone through events and unsuccessful experience have caused at Kitajchik «rage on Christianity and disgust from the Christian doctrine». And the peasant of settlement Leshevo of Alenovichsky volost of Orshansky district of the Mogilyov province I.V. Golubitsky has proved the desire to pass in a Catholicism that his mother and all ancestors were Catholics, and it, «on compulsion of the bride (the Catholic who have become interested in its financial security), should receive the permission to transition in a Catholicism». Thus Golubitsky explained, that «strove on the permission to get married... In a church and to remain then in Orthodoxy, and now wished to receive the permission to transition in a Catholicism but as I will arrange the intention, can be I will remain in Orthodoxy is will specify the future» [362].

However for some persons born in other belief and then christened in Orthodoxy, a returning question in «primordial belief» had basic character. In the application Ekaterina «on godfather Mihajlovna» Efros wrote, that at seventeen-year-old age, being in a family of the most younger and being under the influence of seniors native, against the will was kreshchena in Orthodoxy. However the further education Efros has proceeded in the Judaic
Religions, and actually throughout 13 years it «remained true religion of the people and did not cease to be the Jew». In more age of maturity Efros began to test moral tortures because of belief loss to which belonged and continued to belong on the «to an origin, education and belief and in which did not cease to trust, and also owing to consciousness of the false relation to religion» in which was registered but which ceremonies not придерживалась1.

Thus, even after the Decree exit on April, 17th, 1905 the state on - the former continued to participate in religious self-determination of citizens. Despite formally eliminated interdictions for an exit from Orthodoxy, transition process submitted to a strict order, the control was carried out and the account of religious preferences of believers was led. The historian and politician S.P.Melgunov paid compliments Decree occurrence «About strengthening of the beginnings of toleration» and marked its such positive sides, as elimination «a police attachment of the person to Orthodoxy», the termination of prosecutions of Old Believers and sectarians, cancellation of criminal sanctions for verootstupnichestvo. However by results of a number of trips to the Russian sectarians Melgunov has come to conclusion that short stories of the Russian legislation were frequently ignored on places politsejskoyobjurokraticheskimi by bodies. He wrote: « Any secret springs still force both the higher and lowest administrative authorities to operate in absolutely other direction, than it is offered to them under those governmental certificates about which it is possible to data of Russian society ». Melgunov did not consider the Decree on April, 17th as the certificate« original toleration "and" talent of a freedom of worship »as it has not mentioned dominating position of the Orthodox church which have kept the control over conscience of the Russian citizens [363 [364].

The Decree edition «About strengthening of the beginnings of toleration» has demanded revision of variety of norms of the Russian legislation. During this period
Simultaneously positions of the "new" Criminal code of 1903 and "old" - the Charter about punishments of 1864 imposed by world judges operated, Penal codes of criminal and corrective 1885 and the Charter about the prevention and suppression of crimes of 1890 the Given codes essentially differed as the system and way of a statement of norms, and principles on which the criminality and punishability of offences was defined. All it considerably complicated definition by punishment vessels on set of the perfect crimes provided by different codes. Actually, the introduction main objective in action of the Criminal code of 1903 has not been reached: the criminal legislation operating on that time to systematise not удалось1. For this reason before reformers the ambiguous problem has been put: On the one hand, to adapt the operating legislation for the new policy of toleration, and with another - to keep in inviolability a legal status of Orthodox church [365 [366].

To execute the Ministerial council commission about legislation revision, on September, 30th, 1905 Minister of Justice S.S.Manuhin has brought on consideration in the Connected departments of the State council the bill which has been approved on March, 14th, 1906 According to the project, the Chapter the second about infringement of decisions protecting belief, and also Criminal code item 309 (manufacturing and release in the reference of products of the criminal maintenance), became effective before Criminal code introduction in its full volume [367]. Simultaneously concerning the acts provided by the Chapter second and item 309, First chapter Ulozhenija 1903 (general part) and branches I and II Vysochajshe the opinion of the State council approved on March, 22nd, 1903 under the project of the Criminal code [368] became effective.

The criminal legislation has been brought into accord with Decree requirements «About strengthening of the beginnings of toleration» by entering into the Criminal code of 1903 of respective alterations. The persons who were passing earlier owing to a number of circumstances in Orthodoxy and formally registered orthodox, have acquired the right to come back in primordial belief for themselves without infringement of the civil rights. To dissenters (which began to call Old Believers) and to sectarians the Decree «About an order of formation and action of old believe and sectarian communities and about the rights and duties of a part communities of followers old believe soglasy and the sectarians who have separated from Orthodoxy» from October, 17th, 1906 it has been accorded a right free confession and departure of religious practices. In the rights Old Believers have been equal to the persons belonging to not orthodox Christian confessions. It meant, that they had an opportunity to create religious brotherhoods, to spend congresses and conferences, to open theological courses, to publish the religious literature, to own movable and real estate, to arrange, with the consent of the Minister of Internal Affairs, monasteries and monasteries. Formation of new old believe and sectarian communities occurred by giving in provincial or regional board of the written statement signed not less by 50 persons. For carrying out of divine services old believe communities have acquired the right to select ecclesiastics, priors and instructors from among the persons who have reached of 25-year-old age, competent and earlier not sudimyh. Their nominees were adjusted by the governor and brought in the register of ecclesiastics that gave clearing of an appeal on active military service. Procedure of a construction of old believe temples, prayful houses, monasteries and monasteries has been simplified. For reception of the permission of the governor or the town governor the decision of general meeting of a community with the petition for necessity of building and the project of a building executed according to technical requirements of the Charter building was required. The concept of "a sectarian community» which was understood as a society of followers of the dogma, satisfaction setting as the purpose has been legislatively entered
Religious, moral, educational and charitable needs. Accordingly, criminal prosecution practice for transition from Orthodoxy in staroobrjadchestvo or sectarianism has been ceased. The accessory to fanatic and some other sects still was punishable, however not on religious motives, and in connection with necessity of a legal protection of a public order, a life and health of believers, and also them имущества1.

The norms providing punishment for seduction in heresy and split or for their distribution have been excluded from the Criminal code of 1903: these actions began to be qualified as infringement of inviolability of the "higher" religions from representatives of "lowest". However, under the fair remark of Russian historian M.N.Kurova, «the legal opening, giving the chance to keep basically force of the old law» [369 [370] was always left. The Criminal code still contained position about instigation to transition from Orthodoxy in other Christian creed by means of abuse of authority, by compulsion, the promise of benefits or a deceit. Guilty consisted in a fortress for the term up to 3 years, and in case of seduction by violence or punishable threat - referred to settlement (item 83). For pronouncing or reading publicly sermons, speeches or compositions, and also for distribution or public exhibiting of compositions or the images inducing to transition of orthodox persons in other creed, the doctrine or sect, punishment in the form of the conclusion in a fortress for the term up to 1 year or arrest (item 90 of the Criminal code of 1903) was provided. For example, in archival materials of the Minsk spiritual consistory the official report how the Minsk petty bourgeoises F.Novakovskaja and I.Shatilo in August, 1905 have openly worn orthodox belief has remained, saying, that «after such priests your churches will be empty"and"in two years in the orthodox
Churches will stand horses and pigs ». Thereby, they prompted inhabitants of torture chamber podljade to mass transition in a Catholicism and have been involved for it to criminal ответственности1.

The steps undertaken by the government on reforming of the religious legislation of M.A.Rejsner has estimated as «new attempt to renew old wine in old furs», remaining «because of Russian religious police» [371 [372]. The analysis of the maintenance of the Decree «About strengthening of the beginnings of toleration» allows to note variety of restrictions. To criticism have undergone the remained interdiction for transition from Christian in not Christian creeds, operating system of restrictions for an accessory to iudejstvu. In particular, questions of reception by persons of Judaic confession of an average and higher education it was regulated Vysochajshe by the approved position of Ministerial council from September, 16th, 1908 which has issued percentage norms of reception in higher educational institutions. Reception conditions in average educational institutions are published on August, 22nd, 1909 [373] For unimpeded access reception to formation to persons of "the Jewish origin» it were necessary to resort to various shifts. For example, at receipt in an educational institution about transition birth certificates could be presented to any Christian creed [374]. The legislation did not provide stay of the citizens out of any creed. Religious communities of Old Believers and sectarians were allocated with the rights in much smaller volume, than followers of other Christian faiths. As a whole, the inequality in a legal status inoslavnyh and inovernyh creeds in comparison with Orthodox church which still possessed the exclusive right remained
On religious propagation, spiritual censorship and police support of missionary activity. Thus, the Decree «About strengthening of the beginnings of toleration» did not establish parity between recognised as the state вероисповеданиями1.

Not stopping civil commotions in cities and districts of Russian empire have demanded from the government after Decree acceptance on April, 17th, 1905 to prepare and other acts. Supported by ruling circles, emperor Nikolay II has published the Manifesto on October, 17th, 1905 «About improvement of the State order», declaring the purpose political system updating. Local authorities were recommended to take necessary measures for elimination «the disorder, excesses and violence» and to provide protection to the peace population. The duty was assigned to the government to give to the population «firm bases of civil freedom» on principles of a personal immunity, a freedom of worship, a word, meetings and the unions. The manifesto urged «to strain all forces to silence and world restoration on the native earth» [375 [376].

The manifesto has been met by the Russian society with the big enthusiasm. However the government not only did not hurry up with performance of the given promises, but in some questions has gone on a way of "a direct distortion» [377]. So, despite the declared indulgences in toleration questions, position of the people condemned for religious offences banished on penal servitude and in the reference, has not been facilitated.

The reference of the Most holy Synod to «to children Orthodox the Greek-Russian Church» became response of Russian Orthodox church to Manifesto appeals. In it proved to be true, that «nowadays the Manifesto on 17th of October the Most gracious Sovereign had a kind feeling to announce the steady
Intention to grant to the population freedom civil and spiritual, - a freedom of worship, a freedom of speech and any union and dialogue brotherly on making peace, on a feat of love and service to Fatherland ». On October, 24th, 1905 metropolitan Antony from St.-Petersburg has applied to the Bishop Minsk and to Turovsky Michael with the request« to use all vicarial influence to elimination mezhduusobija among the population, teaching it in the behaviour and concerning near to operate in the spirit of Christian national bratoljubija »[378].

However as a whole Russian Orthodox church has stated a negative estimation the spent state to religious reforms. The Nizhniy Novgorod missionary congress in 1907 has taken out the resolution that novels have been published «in begun already great political distemper in Russia», under influence «bezreligioznoj, hostile orthodox church of a part of bureaucratic spheres and an intelligent society, together with the press». Reform has passed without due participation of Orthodox church. In calculation social and religious harm of doctrines of numerous rumours and sects among which existed «not only wild and izuvernye doctrines, but also directly mad has not been accepted...» . According to figures of Church, the government has concerned «with obvious oblivion or even neglect» carrying out of church reforms, by a tserkovno-educational and parish life of the orthodox population. It became the reason of that inoslavnye churches, old believe and other religious communities were received in Russia in some respects by the big legal rights and the best device of the tserkovno-parish life, than Orthodox church. Church hierarches were revolted with that fact, that under the new legislation all Christian confessions and dogmas have got an identical legal status, and Orthodoxy has lost the exclusive position. The representatives who have gathered for the Nizhniy Novgorod missionary congress of orthodox clergy recognised the operating legislation «not
To favourable interests of dominating orthodox church, and in many respects and menacing by great dangers »1.

After a long break in 1908 in Kiev the All-Russia missionary congress devoted to a problem otpadenija in a Catholicism has been assembled. Delegates of congress whom of number of clergy was over 600 representatives, the offer expressed to disfranchise those who opposed Orthodox church. Participants of Congress have occupied especially intolerant position in relation to persons who, having disappeared from Orthodoxy, refused to practise any religion [379 [380] [381] [382]. Following the results of Congress the Most holy Synod has defined necessary to spend incorporated congress of brotherhoods and clergy of all dioceses of the Western edge «about development of measures for

3 preventions otpadeny in a Catholicism ».

At Vilensky congress of representatives of West Russian orthodox brotherhoods in 1909 the question on expediency of establishment for each of dioceses of Northwest edge, most «tesnimyh latinstvom», a special post of the legal adviser was considered. Was considered, that it could protect in judicial tribunals interests orthodox at disposal of legal proceeding about violence,

4 caused by it Catholics, and about seduction in a Catholicism.

Bishop Minsk and Turovsky Michael believed, that the Decree had on April, 17th, 1905 «exciting value not only for Catholic clergy, but also all Catholic population», therefore Catholicism propagation "has widely spread" almost in all arrivals of a diocese. He noticed, that representatives of Catholic church and «all in general latinjane», not being content with legal ways «ulovlenija orthodox in a Catholicism bosom», did not stop before violence and others «dark means». However thanks to appreciable to "a consciousness raising» the orthodox population, practically all similar cases became property of publicity. In force
Decree restrictions on April, 17th, 1905, in the relation «tyrants latinjan» the diocesan heads did not initiate criminal cases. On each separate case of violence from Catholics or illegal acts of priests it was informed the governor. Thus a bishop noticed, that diocesan management had no data on the termination by vessels of the affairs initiated by the governor, «for nenahozhdeniem the corpus delicti». «Judicial penalties» though and it is rare, overtook guilty Catholics and Catholic clergy. Data on Catholic priests especially hostile to Orthodoxy were transferred to the ober-public prosecutor of the Most holy Synod, their removal from limits Minsk епархии1 was a consequence of that.

The orthodox missionary of the Minsk diocese priest Konstantin Popov in the official reports gave the detailed description to the events which witness it became during made missionary detours on arrivals of the Minsk province. «... In St. Russia the greatest lawlessness, the swindle, any anarchy, violence over the person has opened. During this pitiable time it was dangerous and to go by Russia and the more so to constitute meetings of people», - he wrote. Religious propagandists, freely moving on villages and places, revolted the people against the authorities and the state order. Old Believers and sectarians have acquired the right not to be on conversation with the missionary, and local authorities could not more, on request of the missionary, to collect them in one place for carrying out of conversations. The missionary had to visit not only densely populated places and villages, but also all folvarki and torture chambers with the dissenting population [383 [384].

A number of hierarches of Orthodox church marked deterioration of a situation with sectarianism distribution. In their opinion, the Russian legislation after reforming has created favorable conditions for wide development «organised propagatorskoj activity», accepted for Orthodoxy menacing character. Sectarianism propagation for years of religious reform has got other, more various forms and became impudent and blasphemous in
The relation of orthodox relics. Orthodox persons were exposed to persecutions from sectarians, and the priests, dared to resist to their harassments, received threats by death. Orthodox missionaries noticed, that sectarians of all currents had «natural inflow of extraordinary energy and prompting to the most intense activity». Sectarians as though realised, that «time more favorable for them as 1905-1906 of a great distemper in Russia and religious and political, for them not soon will come another time» 1.

Despite pessimistic statements of orthodox missionaries for the sectarianism which has received a wide circulation, it is necessary to note, as after the Decree exit on April, 17th, 1905 religious activity of various sects remained under the control of the police authorities. According to «Rules for the device sectarians of divine service and prayful (religious) meetings», the order the Ministry of Internal Affairs № 242­1910 from October, 4th, 1910 [385 [386], at divine service meetings in constant prayful premises obligatory presence of a police rank was approved. « It is necessary to remember, that on a police duty Orthodoxy maintenance, protection of orthodox people against sectarian attacks, against insults supposed from sectarians, both Orthodoxy, and orthodox people »lays, - the Moscow town governor, major general A.A.Adrianov wrote in the confidential circular. Sectarians the acts could provoke orthodox,« to discompose them ». The police was recommended to operate« with special discretion »and to constitute reports on orthodox only in the most extreme cases because« any verdict of guilty over the orthodox serves to a celebration of sectarians ». In all collisions of sectarians with orthodox to police ranks followed to remain impartial and« not to give in insult orthodox ». Concerning sectarians it was not recommended to constitute reports on such circumstances,
Which would not allow to bring a business material under «this or that criminal law»: it could discredit the power, «belittling its value and installing in it mistrust» 1.

In case offending the given rules could not be made accountable under criminal laws, their actions were qualified as attempt of derivation of the person of orthodox confession from Orthodoxy on the basis of the Charter about the prevention and suppression of crimes (the collection of administrative regulations), and materials of the got affairs were transferred under the control of the Ministry of Internal Affairs (item 39 [387 [388] [389]). Guilty and their families came under to supervision from police.

The private meetings which even not were not carrying religious character, also became object of attention from the Russian authorities. The created commissions from among clerics, representatives of the civil power and police ranks free got to causing suspicions of the house for carrying out of survey and interrogation of the persons who were in them. The special attention addressed on subjects of a religious cult (an icon, a picture, the book). Orthodox priests stated an estimation to internal furniture in the house and to the explanations received from its inhabitants that allowed to establish the true reasons of carrying out of meetings and possible communication of inhabitants of the house with the sectarian

3

Activity.

From its part the Most holy Synod could hope only that orthodox missionaries and parish clergy will find ways of counteraction to receptions of sectarian propagation and will protect «the verbal herd entrusted to it from temptation of hobbies for wrong doctrines». In turn the Minsk spiritual consistory in «to the Note concerning internal Orthodox mission» marked those complexities which had to face the orthodox clergy on places. It tested on itself oppression of the Polish
Sirs-landowners, was degraded and choked with the provincial authorities, different officials, including the governor, «which under metrics are orthodox, and in practice serve interests of Poles and Jews» 1.

The peak otpadenija believers from Orthodox church has fallen to the period of the first Russian revolution, however process has not stopped and the next years. At the given stage it was promoted by variety of social processes in the Russian society. The Ober-public prosecutor of the Synod V.K.Sabler in the report for 1911-1912 wrote: «As the black cloud, approaches on native our Church. Disbelief. Spreading shirokoju volnoju in intellectual circles, it gets and into broad masses. Along with disbelief, under century foundations of Church the socialism denying the God and Church, instead of the blessings heavenly promising terrestrial» saps. Sabler noticed, that Orthodoxy «is in position of hostile and impudent attacks on it». Falling of religiousness among youth which began to be indifferent to religion questions was especially frightening, showed disrespect and blasphemy for clergy and religious practices [390 [391].

A little differently the situation with the religious liverty in Russia saw from Europe. On January, 21st, 1914 in English magazine «Darkest Russia» [392] article «Spiritual slaves», devoted to problems «despotizatsii Russian orthodox church», falling of its authority on a society and non-observance of principles of freedom of creeds has been published. The author of article underlined importance of the common right of the subject state to use a full freedom of worship for what it was necessary to eliminate official obstacles at transition from one belief in another. In article it was noticed, that «it is already enough surprising, that a population part, i.e. Jews, have no right to move the body from one place in another, but it is even more surprising, that all population has no
The rights to have the soul, on belief of the conscience ». Article has not ignored aspiration of the Russian authorities to solve a problem of toleration by the edition in 1905-1906« Different Manifestos and Decrees ». However« in Russia the announcement of the law and its application in practice - two things different, and in this case, as well as in many other things, given on a paper in a life was not executed ». Local authorities"were all-powerful", and the central administration in any way did not force them to execution of the law which remained"dead letter". In article extreme religious intolerance in questions of change of belief and in the relation to sects was marked. Baptists and a number of other Christian communities did not use freedom of divine service, their churches were closed, preachers were pursued as« an undesirable element in the state ». Thus, the author briefs, all it is« negation of any personal liberty, that within requirements of public morality freedom most to solve as well as where he wishes to pray »[393] is not given the person.

As sectarianism was extended not only among civilians, but also in the army environment, the military heads have taken certain measures on counteraction to this phenomenon. On January, 22nd, 1916 the Commander-in-chief P.A.Pleve's Northern front has published as the ordinance «Rules about sectarian meetings». According to the given rules, military men-sectarians it was forbidden to arrange public prayful meetings, and carrying out of not public meetings needed the permission of a military management. To the military men who were on postoe in cities, it was forbidden to visit meetings of the local sectarian organisations. The given Rules under the maintenance contradicted published in beginning HH century to the Highest decrees and Organic laws of Russian empire. They provided the right «with all citizen of the Russian state not belonging to dominating Church, natural or in citizenship accepted, also to foreigners, to use to everyone everywhere free departure
Their beliefs and divine service on ceremonies of this »(item 44 1). Besides, the Charter blagochinija and safety 1916 [394 [395] allocated Old Believers and sectarians with the right to make a public pray, spiritual treby and divine services as in private, and buildings specially intended for these purposes. Not public meetings could be spent freely without the preliminary coordination and the permission of public authorities (item 36 item, 258) [396].

According to the party leader of national freedom, a member III and P.N.Miljukova's IV State Dumas, acceptance «Rules about sectarian meetings» the purpose on prevention of propagation of sectarian doctrines among military men by an interdiction for carrying out of religious meetings was not and could not be reached. So, despite an official interdiction of religious propagation to Catholics, Lutherans, Jews and Buddhists, for not clear reasons their public divine services were not limited to the present Rules. Besides, the interdiction for carrying out of religious meetings could not interfere with distribution of sectarian doctrines at level of personal contacts of believers. Followers of sectarian doctrines lost possibility during all term of military service to satisfy the religious requirements and in a place of performance of duty, and in religious communities only on the ground that «carried the military form and shed blood for the native land Russia». Besides, Rules to organizers of religious meetings assigned policemen of functions unusual for them under the control over persons of participants. In practice it led
To that presence at a meeting of persons undesirable to the authorities was the basis for closing of meeting and imposing of sanctions on organizers [397].

****

The Decree edition on April, 17th, 1905 «About strengthening of the beginnings of toleration» promoted an establishment in Russia freedom of creeds with certain restrictions: believers have got freedom of choice of religion and departure of religious practices. The right to religious transitions, however a free exit from Orthodoxy have legally been fixed it was supposed or in other Christian creed, or, for the persons who were formally registered in Orthodoxy, and actually practising former religion - in one of not Christian religions. Old Believers and sectarians under the status began to be equated to recognised and tolerant inoslavnym and inovernym to religious confessions. There was an expansion of the religious rights of Moslems and Buddhists (lamaitov): the laws limiting religious activity of Moslems have been reviewed, and Buddhists was forbidden to name in diplomas idolaters and pagans.

At the same time the Decree «About strengthening of the beginnings of toleration» has not removed legal restrictions for followers of a Judaism, did not suppose a finding of the Russian citizens out of one of recognised creeds. Priority position of Orthodox church in relation to other recognised state to creeds and dogmas has been kept, and missionary activity inoslavnogo clergy continued to be qualified as punishable act.

Decree publication «About strengthening of the beginnings of toleration» has entailed liberalisation pravoprimenitelnoj experts and acceptance of the measures directed on simplification of a fate leaving punishment for fulfilment of religious offences of persons. Depending on the committed crime condemned it was given either full pardon, or commutation
The conclusions on third or half. Concerning the persons who were under examination for fulfilment of religious offences, criminal prosecution stopped till the moment of coming into force of the head of the Criminal code of 1903 about «About infringement of decisions protecting belief».

The decree has demanded on April, 17th, 1905 revision of variety of norms of the Russian criminal legislation. Meanwhile in the beginning of XX century in Russian empire Charter positions about the punishments imposed by world judges of 1864, the Penal code of criminal and corrective 1885, the Charter about the prevention and suppression of crimes of 1890 and the Criminal code of 1903 the Given codes essentially operated simultaneously differed with principles of definition of criminality, punishability of offences and way of a statement of norms. So before developers of the Chapter of II Criminal code of 1903 «About infringement of decisions protecting belief» the problem was put to bring the operating legislation into accord with principles of a new religious policy, having kept thus a legal status of Orthodox church.

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A source: Androshchuk Victor Vladimirovich. CRIMES AGAINST RELIGION UNDER the LEGISLATION of Russia of the END XIX - the BEGINNINGS of XX CENTURIES the Dissertation on competition of a scientific degree of the master of laws. Moscow - 2015. 2015

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