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Ministry of Internal Affairs

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Ministry of Internal Affairs

     To the Chief of the Main

     Department of the Federal

     Registration Service in the Tyumen

     Oblast, Khanty-Mansiyskiy and

    Yamalo-Nenetskiy Autonomous MINISTRY OF THE INTERIOR OF

    Okrug RUSSIA

    State Educational Institution

    of Higher Professional Education A.A. Odintsov

     TYUMEN LEGAL INSTITUTE

    as of 17/10/2007

    No.17/1997 for suit No._01-10-017109/07

625049, city of Tyumen, 75 Amurskaya Street

    Phone: (3425)598-508, Fax: (3425)598-419

    Teletype: 735155 “Bron

    Dear Alexandr Alexeevich!

     We are sending to You the conclusion of specialists of GOU VPO “Tyumen Legal

    Institute of the MOI of Russia” regarding Statutes of Tyumen Regional Community-

    Based Organisation for protection of sexual rights of citizens “Radujniy Dom”, of

    November 28, 2006 and April 19, 2007.

    See annex p.2

    Truly yours,

    The Head of Tyumen Legal Institute

    MOI of Russia

    Police Major General A.I. Chislov

    APPROVE

    The Head of Tyumen Legal Institute

    of the MOI of Russia, Police Major General

    ______________ ____A.I. Chislov

    Date: October 17, 2007

    CONCLUSION

     The goal of the given conclusion is to evaluate goals and objectives, rights and obligations stated in the Statutes of Tyumen Regional Community-Based Organisation for protection of sexual rights of citizens “Radujniy Dom”, of November 28, 2006 and

    April 19, 2007.

     Since goals and objectives, rights and obligations of the Organization stated in these Statutes coincide, except for p. 3.1.1 and 3.1.3, in which the words “of persons

    with both traditional and non-traditional sexual orientation” shall be replaced by the

    words “of citizens regardless of their sexual orientation” (in the Statute of April 19,

    2007), which does not affect the content or the meaning in the given points, the conclusion covers both Statutes submitted by the Organisation for legal treatment.

     The following acts were used when developing the conclusion:

    ; The Constitution of the Russian Federation of December 12, 1993;

    ; Federal Law No.82-FZ On Public Associationsof May 19, 1995 (hereinafter

    - Public Associations Act);

    ; Federal Law No.7-FZ On Non-Profit Organisationsof January 12, 1996

    (hereinafter - Non-Profit Organisations Act);

    ; Federal Law No.114-FZ On Counteraction of Extremist Activityof July 25,

    2002 (hereinafter - Counteraction of Extremist Activity Act);

    ; The Law of the Russian Federation No.2446-1 “On Securityof March 5, 1992

    (hereinafter - Security Act);

    ; Federal Law No.149-FZ On Information, Information Technologies, and

    information Protectionof July 27, 2006 (hereinafter - Information Act);

     Violation of rights and legitimate interests of citizens with traditional sexual orientation, the society, and the state can be caused by the activity directed to solving the following objectives of the Organization: to create the Information Centre of the Organisation (p. 3.2.1. of the Statute); to publish and distribute print, movie and video products, electronic information in Internet and other mass media (p. 3.2.2. of the Statute); to organise exhibitions, symposiums, conferences, and other activities (p. 3.2.8. of the Statute); to organise gatherings, meetings, demonstrations, marches, and picketing (p. 4.1. of the Statute), in cases it concerns the LGBT Groups, because it implies propaganda of non-traditional sexual orientation.

     Such propaganda may contribute to rising social discord, which, according to p.1 art. 1 of the Federal Law On Counteraction of Extremist Activity, allows making a

    conclusion that the statutory goals and objectives of the Organisation contain elements of extremist activity.

     According to p.2 art.29 of the Russian Constitution, “Propaganda or agitation

    instigating social, racial, national or religious hatred and strife shall not be allowed.

     Article 16 of the Federal Law On Public Associationsbans creation and

    activities of public associations, goals or activities of which are directed at carrying out extremist activity. In art.1 of the Federal Law On Security security is defined as

    the state of protectability of vital interests of individual, society and state from internal and external threats. Vital interests are a group of needs, the satisfaction of which ensures existence and possibilities of progressive development of personality, society, and state. The main objects of security include: individual their rights and freedoms;

    society its material and spiritual values; state its constitutional system, sovereignty,

    and territorial integrity.

     The Activity of the Organisation related to propaganda of non-traditional sexual orientation can contribute to destabilizing security of the Russian society and state due to the following circumstances:

    ; Spiritual values of the society are undermined;

    ; Due to the population reduction, sovereignty and territorial integrity of the

    Russian Federation are undermined.

     The above mentioned shoes that the Organization activity on propagating non-traditional sexual orientation may have an extremist nature, since the implementation of the above listed objectives is aimed not only at protecting rights and legitimate interests of the citizens with non-traditional orientation, but also at increasing the number of such citizens at the expense of those people who could retain traditional sexual orientation in the absence of such propaganda.

     Point 3.2.1 of the Statute provides for creation of the information centre, which contradicts the Federal Law of the Russian Federation No.149-FZ On Information,

    Information Technologies, and Information Protection” of July 27, 2006.

     The present conclusion has been drawn up by Doctor of Law, senior professor Emelyanov A.S. and discussed at the joint meeting of civil and state-legal disciplines chairs of GOU VPO “Tyumen Legal Institute of the MOI of Russia” (minutes No.3 of

    October 17, 2007).

    Acting Chair Person of civil disciplines /signature/ V.V. Ilyuhin

    Chair Person of state legal disciplines /signature/ M.V. Dotskevich

    MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN

    FEDERATION

    FEDERAL EDUCATION AGENCY

    State Educational Institution

    of Higher Professional Education

    Tyumen State University

    Institute of State and Law

     38Lenin Street, the city of Tyumen, 625000, phone/fax: (3452)46-49-54, phone: (3452)46-49-07, 45-03-28

     To the Chief of the Main

     Department of the Federal

     Registration Service in the Tyumen

     Oblast, Khanty-Mansiyskiy and

     Yamalo-Nenetskiy Autonomous

     Okrug

     A.A. Odintsov

    Dear Alexandr Alexeevich!

    Following your letter dated as of 15.10.2007 No 01-21-017108/07 the Institute of State and Law has studied Statutes of Tyumen Regional Community-Based Organization for protection of sexual rights of citizens “Radujniy Dom”, of November 28, 2006 and April 19, 2007.

     We consider that the activity of these organizations contradicts the Constitution of the Russian Federation and the federal legislation, and their registration is inadmissible for the following reasons.

    1. Names of both organizations insult morality, national and religious feelings of citizens. We refer to the phrase protection of sexual rights of citizens”. The fact is

    that neither the Constitution of the Russian Federation nor international legal acts provide for such rights. Neither result they from the general legal principle “anything

    not forbidden is allowed”. On the contrary, according to part 1 art.23 of the

    Constitution of the Russian Federation everyone shall have the right to the inviolability of private life (including sexual relations). Any interference with this sphere, including for the purpose of “protection”, is unconstitutional and violates

    constitutional rights of citizens. Therefore, by such provocative name the initiators of creation of this public association pursue one goal to insult moral and religious

    feelings of people. The majority of provisions of the organizations’ statutes also prove

    this fact. According to the Federal Law, No.82-FZ On Public Associationsof May

    19, 1995 (p.6 of art.23), insult of moral and religious feelings of citizens by the name of the public association shall serve as the ground for refusing state registration thereof.

    As it appears from the presented statutes (pp. 3.1 and 3.2), in order to protect the rights and freedoms of persons with non-traditional sexual orientation the organization is planning to create an information centre, to issue and distribute print, movie and video products, electronic information in Internet and other mass media, to organise

exhibitions, etc. Such activity falls under characteristics of extremist activity, since it

    instigates religious discord (par.4 p.1 art.1 of the Federal Law No.114-FZ On

    Counteraction of Extremist Activity of July 25, 2002). The majority of traditional for

    Russia religious denominations show negative attitude to manifestations of the so-called non-traditional sexual orientation”. Therefore, an open propaganda of such a

    way of life would create conditions for social tension in the society and may provoke violent acts. Part 1 of article 16 of the Federal Law On Public Associations bans

    creation and activities of public associations, goals or activities of which are directed at carrying out extremist activity.

    3. According to p.3.1 of the statutes, the organization is planning to fight against discrimination based on sexual orientation. In the meantime, “sexual orientation” is a

    rather relative concept. Paedophilia, for example, which is considered to be a crime, can be also referred to non-traditional sexual orientation”. That is why the activity of

    the organization may disturb public security and legal order, which is incompatible with the legislation in force.

    4. According to the statutes (sp.10 p.3.1), the organization intends to organise help and support for HIV-positives people. In the meanwhile, according to p.4.1 of the Declaration of Commitment on HIV/AIDS (adopted by the UN General Assembly on June 27, 2001) and the Definition of the Constitutional Court of the Russian Federation No.155-O of May 12, 2006, support, treatment, and legal protection of persons with HIV/AIDS shall be carried out following principles of confidentiality and inviolability of private life. It is impossible to ensure confidentiality and inviolability of private life within the activity of a public association with such positioning.

    5. In compliance with the legal stand of the Constitutional Court of the Russian Federation, expressed in the definition No.287-O of July 10, 2003, acts of executive authorities shall “correspond with the federal legislation, ensure observance of

    constitutional rights and freedoms of the person and the citizen, and fit the adequate measures of protecting citizens’ private life, including dignity of the faithful”. As a

    result, the registration of Tyumen Regional Community-Based Organisation for protection of sexual rights of citizens “Radujniy Dom” is also inadmissible (p.1 art.23

    of the federal Law On Public Associations”).

Acting Director,

    Doctor of Law,

    Professor /signature/ M.C. Mateykovich

TRUE:

    Position ___________________________________________

    Signature_____________/signature/__________________

    Name and Last Name ____Denisova_______________

    Dated October 17, 2007

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