Source: www.forum18.org
Date: April 13, 2021
https://www.forum18.org/archiv
By Victoria Arnold, Forum 18
On 6 April, two days after the Evangelical-Lutheran Church of Ingria
celebrated Easter, its Theological Institute was stripped of its higher
education licence, leaving it unable to conduct formal religious education.
The Theological Seminary of another Lutheran Church, the
Evangelical-Lutheran Church of Russia, is still fighting attempts through
the arbitration courts to have its higher education licence annulled. State
education inspectorate Rosobrnadzor had already barred both colleges from
admitting students to diploma courses, and suspended both their licences in
2020.
Two of Russia's other flagship Protestant educational institutions – the
main colleges of the Baptist Union and the Pentecostal Union – have also
suffered bans on admissions and the suspension and annulment of their
higher education licences. Both have had to gain new licences under a lower
level of education provision.
Admissions to certified courses were barred:
- at the Pentecostal Union's Eurasian Theological Seminary in Moscow from
June 2018;
- at the Baptist Union's Moscow Theological Seminary from February 2019;
- at the Theological Institute of the Evangelical-Lutheran Church of Ingria
in Kolbino near St Petersburg from October 2019;
- and at the Theological Seminary of the Evangelical-Lutheran Church of
Russia near St Petersburg from December 2019.
Although the Baptist Union's North Caucasus Bible Institute in
Kabardino-Balkariya did not lose its higher-education licence, inspectors
banned it from accepting new students from November 2018 to November 2020
(see below).
So far, Forum 18 has not found persistent attempts to annul licences of
higher education institutions of other faiths.
The suspension and annulment of licences stem from routine inspections
carried out by the federal education inspectorate, Rosobrnadzor, in which
inspectors appear to expect religious educational establishments to abide
by Federal State Educational Standards, which by law they are not obliged
to observe (https://www.forum18.org/archi
The institutions themselves insist that such penalties are unwarranted and
excessive, and that the alleged infractions found by Rosobrnadzor
inspectors simply do not apply to them as providers of professional
ministerial training (see below).
Challenging inspectors' decisions in repeated court hearings takes up time
and money that the institutions would prefer to devote to education. "The
issue has been serious and has caused a lot of extra work and expense," a
staff member of one of the recently affected institutions commented to
Forum 18 in April 2021.
Rosobrnadzor has not answered Forum 18's questions as to why its inspectors
treated courses offered by religious educational establishments as if they
were state-accredited - and therefore obliged to abide by state
requirements - and whether suspension or annulment of licences was a
proportionate punishment for violations (see below).
At least two institutions – the Baptist Union's Moscow Theological
Seminary and the Pentecostal Union's Eurasian Theological Seminary – have
managed to obtain new licences at a lower level of education provision. The
Theological Institute of the Evangelical-Lutheran Church of Ingria might
have to follow a similar path if it fails to gain a new higher education
licence (see below).
While they do not believe that this incurs any disadvantage in terms of
what they can offer students, this lower-level status may now exclude such
institutions from offering re-training to foreign-educated clergy, as
required by amendments to the Religion Law signed by President Vladimir
Putin on 5 April, which come into force on 3 October (see below).
"In light of the adopted amendments, the earlier [Rosobrnadzor]
inspections, as a result of which a number of Protestant seminaries were
deprived of licences that gave the right to implement higher professional
education programmes, look like part of some kind of 'repressive' plan to
reduce the number of religious educational institutions that have the
ability to conduct re-training and re-certification for their fellow
believers and clergy," lawyer Stanislav Kulov of the Moscow-based Slavic
Centre for Law and Justice told Forum 18 (see below).
The Theological Seminary of the Evangelical-Lutheran Church of Russia
remains at risk of losing its licence, as the arbitration courts consider
Rosobrnadzor's applications to have it annulled (see below).
Without a licence, it is illegal in Russia to conduct structured
educational activity (obrazovatelnaya deyatelnost) leading to the
attainment of formal qualifications. The statutes and regulations of many
religious organisations require individuals to have undergone formal
professional education and gained formal qualifications in order to be
ordained as clergy or to be considered for other roles, such as teaching or
mission work.
According to the Religion Law and their constitutions, religious
organisations may carry out short-term, informal teaching (obucheniye)
without a licence, but would be unable to issue any formal certification as
a result.
Annulment of a licence is the culmination of a process which begins when a
Rosobrnadzor inspection concludes that an educational establishment has
violated the conditions of its licence or the requirements of the Education
Law.
The various stages of this process (which may overlap or be repeated)
impose escalating penalties on the institution – court cases with
possible fines and suspension of activities, bans on admission of new
students, suspension of the institution's licence, and annulment of the
licence through the arbitration courts. Each stage can interfere with or
halt the normal workings of the institution.
The entire process may take many months, even years, and presents a
considerable bureaucratic burden. It may end at any stage should
Rosobrnadzor be convinced that the institution has dealt with the problems
found by inspectors.
State education inspectorate Rosobrnadzor
The Federal Service for Supervision in Education and Science (Rosobrnadzor)
issues licences and grants state accreditation to educational institutions
(both secular and religious), and carries out routine inspections every few
years. Regional-level education departments can also issue licences for
particular kinds of educational activity (but not for higher education).
Rosobrnadzor inspections often identify violations in areas in which it is
reasonable that oversight is exercised and shortcomings dealt with, e.g.
fire safety and sanitation, the provision of sufficient numbers of
textbooks, and the proper checking of distance-learning students'
identities during examinations.
Such inspections also, however, cover areas in which somewhat vague
legislation may be misapplied, e.g. in the two parallel systems of
state-accredited and non-state-accredited religious educational
institutions (see below).
After identifying violations, Rosobrnadzor issues "orders" for their
elimination, which institutions must fulfil by a given deadline. If this is
not done on time and to Rosobrnadzor's satisfaction, the inspectorate
begins to impose a series of penalties and carry out follow-up inspections
(see below).
Licensing and accreditation
A licence is required to conduct formal educational activity in Russia. If
this is annulled, the institution is obliged to halt all its certificated
courses and will eventually be closed. It may continue to exist as a legal
entity and apply for a new licence, even after losing its original one, but
is also obliged to arrange the transfer of students to another institution
if they wish.
State accreditation is not a prerequisite for educational activity, but a
means of certifying that an institution complies with the Federal State
Educational Standards. Accredited institutions may offer both accredited
and non-accredited courses. They are able to issue Education
Ministry-approved diplomas and guarantee male students deferment of
military service. If accreditation is withdrawn from an institution or
course, teaching may continue, but the institution is obliged to transfer
students to another educational establishment if they wish.
Religious educational institutions are under no obligation to acquire state
accreditation. Many have operated for years without it, including the main
seminaries of the Baptist Union, the Pentecostal Union, the
Evangelical-Lutheran Church of Russia, the Evangelical-Lutheran Church of
Ingria, and the Roman Catholic Church, as well as several Islamic colleges.
Other religious educational institutions, meanwhile, do have accreditation.
Rosobrnadzor's database includes Russian Orthodox seminaries, Islamic
institutes, the Seventh-day Adventists' University, and Seventh-day
Adventist, Protestant, and Catholic private schools.
Misapplying Education Law and Religion Law
Both the Religion Law (Article 19, Paragraph 3) and the Education Law
(Article 87, Paragraph 9) state: "Religious educational organisations
implement educational programmes aimed at training clergy and religious
personnel of religious organisations, and have the right to implement
educational programmes of secondary professional education and higher
education in accordance with the requirements of federal state educational
standards".
This gives religious educational institutions a right, "but not an
obligation", lawyer Vladimir Ozolin explained to Forum 18 in 2019. "It
means that religious educational organisations decide for themselves
whether or not they will implement educational programmes which conform to
federal state requirements."
Education Law Article 89, Paragraph 10 states: "Model educational
programmes [Primerniye obrazovatelniye programmy], in terms of academic
subjects, courses, [and] disciplines (modules) providing religious
education (a religious component), as well as model educational programmes
aimed at training clergy and religious personnel of religious
organisations, are approved by the relevant religious organisation or
centralised religious organisation. Educational and methodological support
of these academic subjects, courses, [and] disciplines (modules), as well
as model educational programmes, is carried out by the relevant religious
organisation or centralised religious organisation."
The Education Ministry provides approved models for the structuring and
implementation of state-accredited programmes. Courses offered by
state-accredited institutions must conform to them, and are named and
numbered on an institution's documents and website according to the
Education Ministry's List of Areas of Higher Education Preparation.
Rosobrnadzor inspectors' insistence that courses at religious educational
institutions must follow the same structures and methods as the Education
Ministry's approved models, when in fact they do not have to, is the basis
for many of the problems religious educational institutions encounter.
"The programmes of religious educational organisations are programmes of
professional religious education aimed at training ministers and religious
personnel of religious organisations, that are not subject to state
accreditation and for which there are no Federal State Educational
Standards," lawyer Stanislav Kulov explained to Forum 18.
"To compare the structure of these programmes with the requirements for
programmes in areas of study approved by the List of Areas for Higher
Education Preparation – Undergraduate (or other level of education) is
incorrect and unlawful. The structure of such programmes, in accordance
with the [Education Law], is governed by the regulations of the religious
organisation itself or the regulations of the centralised religious
organisation."
Forum 18 wrote to Rosobrnadzor on 25 March 2021, asking why its inspectors
treated courses offered by religious educational establishments as if they
were state-accredited and therefore obliged to abide by state requirements,
when according to the law, such institutions have the right to offer
non-state-accredited programmes which must conform only to the standards of
the responsible religious organisation.
Forum 18 also asked whether suspension or annulment of licences was a
proportionate punishment for violations such as the absence of information
on a website or the lack of a sports hall or canteen at a distance-learning
institution (see below). Forum 18 received no reply by the end of the
working day in Moscow on 13 April.
Rosobrnadzor inspectors decided in February 2018
(https://www.forum18.org/archi
Union's Eurasian Theological Seminary had failed to show that it offered a
"developed and approved" undergraduate programme in theology –
specifically, that the course did not contain "the main sections defining
the educational programme as set out in Article 2, Part 9 of the Education
Law, namely, the planned results of the programme, organisational and
pedagogical conditions, a teaching calendar, [and] evaluation and teaching
materials". They also identified problems with how the seminary was run
day-to-day. The Seminary responded to Rosobrnadzor's report but ultimately
lost its higher education licence (see below).
Lawyer Vladimir Ozolin (then of the Pentecostal Union, now of the Slavic
Centre for Law and Justice) explained to Forum 18 in March 2019 that
Rosobrnadzor was treating the Seminary's non-state-accredited theology
bachelor's degree [Bogosloviye (Teologiya)] as if it corresponded to the
degree of theology [48.03.01 Teologiya] on the Education Ministry's formal
"List of Areas of Higher Education Preparation – Undergraduate".
This was despite the materials the Seminary submitted to the inspection
clearly indicating that the course was intended for the training of clergy
and church personnel, and was therefore not subject to the same
organisational and administrative requirements as a state-accredited
programme, but governed by the regulations of the religious organisation
itself or by the regulations of the centralised religious organisation, in
this case the Centralised Religious Organisation of the Russian Union of
Evangelical Christians (Pentecostals).
"Due to the fact that this programme is a vocational religious education
programme aimed at training clergy and the personnel of religious
organisations, which is not subject to state accreditation and for which
there are no Federal State Educational Standards, to compare the structure
of this programme with the programme requirements in areas of training
approved by the 'List of Areas of Higher Education Preparation –
Undergraduate', is incorrect," Ozolin told Forum 18.
Rosobrnadzor's inspection of the Baptist Union's Moscow Theological
Seminary in October 2018 similarly concluded that it lacked a "developed
and approved" educational programme, as well as noting issues of
occupational health and safety
(https://www.forum18.org/archi
Rosobrnadzor did not take into account the provisions of the Education Law
and the Religion Law which "permit religious educational institutions to
develop programmes based on confessional standards" (ie.
non-state-accredited courses which are not subject to the same
organisational requirements as state-accredited equivalents), the Seminary
argued In a statement on its website on 2 January 2019. It insisted that it
had responded to Rosobrnadzor's claims by the stipulated deadlines.
Similarly, according to arbitration court documents seen by Forum 18, a
follow-up inspection of the Theological Institute of the
Evangelical-Lutheran Church of Ingria in May/June 2020 concluded that its
bachelor's and master's courses lacked practical elements and assessment
materials mandatory for "developed and approved" programmes for the
training of ministers and religious personnel.
Rosobrnadzor inspections of religious educational institutions also find
other types of infraction. In its initial inspection of the Church of
Ingria's Institute in July 2019, Rosobrnadzor decided that its website did
not meet requirements (lacking information, for example, on numbers of
students, the language of instruction, and the location of the Institute's
subdivisions – despite its having none), and that contracts between the
Institute and students did not indicate the type of certificate received if
only part of a course is successfully completed.
A routine documentary inspection of the Theological Seminary of the
Evangelical-Lutheran Church of Russia in June 2019 listed a series of
alleged violations, including: a lack of sporting, cultural, catering, and
healthcare facilities; the lack of internal regulations for the provision
of subjects other than those covered in the main courses; and the absence
of particular information on the Seminary's website (about information
resources, accommodation, opportunities for staff to improve their
qualifications).
Rector Anton Tikhomirov told Forum 18 on 16 March 2021 that Rosobrnadzor's
allegations fell into two categories: firstly, "absolutely far-fetched and
false, for example: that there is no information on the website about the
organisation (there is), or there is no information about the deputy
director (we simply do not have such a position); and secondly, "the
technically correct, but inapplicable to us, since we conduct only distance
learning (no gym, no canteen, etc.)".
Administrative prosecutions: fines, suspension of activities
If an institution does not convince Rosobrnadzor that it has dealt with
alleged infractions before the stipulated deadline, the inspectorate may
take it to court under Administrative Code Article 19.20, Part 3
("Implementation of non-profit activities with gross violation of the
requirements and conditions of a special permit (licence))".
Moscow's Lyublino District Court fined the Pentecostal Union's Eurasian
Theological Seminary 150,000 Roubles on 25 April 2018. The Seminary had
written to Rosobrnadzor before the deadline of 22 March 2018, addressing
the inspectors' claims
(https://www.forum18.org/archi
documents seen by Forum 18, however, "analysis of [this] did not permit any
reasonable conclusion about the complete elimination of the violations".
This was followed by further inspections, further penalties, and the
ultimate loss of the Seminary's licence (see below).
Instead of a fine, the Baptist Union's Moscow Theological Seminary received
a sixty-day suspension of its activities when Perovo District Court found
it guilty under Article 19.20, Part 3 on 27 December 2018. This was despite
the Seminary's insistence that it had responded to Rosobrnadzor's orders
within the stipulated time periods
(https://www.forum18.org/archi
After an unsuccessful appeal, bailiffs sealed the Seminary's buildings on
25 January 2019, and none of its students was able to attend classes for
the subsequent two months. The Seminary's licence remained valid throughout
this time and it reopened on 26 March 2019, but soon faced further
obstacles (see below).
Admissions barred
Another early penalty Rosobrnadzor imposes is a ban on admissions. The
exact impact of this depends on when in the academic year it is imposed,
the admissions policy of the institution itself, and the courses it offers.
In all cases, however, it results in new students being unable to begin
courses leading to formal qualifications, and potential students having to
apply elsewhere.
If there is no equivalent institution (which is often the case for smaller
religious communities), potential students may have to defer their studies
or consider studying abroad (which will be newly complicated by the
adoption of the most recent amendments to the Religion Law – see below).
Although the Baptist Union's North Caucasus Bible Institute in Prokhladny
(Republic of Kabardino-Balkariya) did not ultimately lose its licence, it
was barred from admitting new students for two years from November 2018 to
November 2020.
A Rosobrnadzor inspection in June 2018 concluded that the Institute's
course for the training of clergy and other personnel lacked defined
modules and proper teaching and assessment tools
(https://www.forum18.org/archi
allegedly sanitation, first aid, and fire safety issues on the premises.
Despite the Institute eliminating the violations (acknowledged by a judge),
admissions were suspended in November 2018 after a follow-up inspection.
"Rosobrnadzor sent us a notification in November 2020, according to which
it considers the previously issued orders to be invalid," Rector Mikhail
Chizhma told Forum 18 on 17 March 2021. "Thus, all restrictions have been
removed from the North Caucasus Bible Institute, and the institute can
start recruiting students."
Admissions to diploma courses at the Eurasian Theological Seminary were
barred from 1 June 2018, to the Moscow Theological Seminary from
mid-February 2019, to the Theological Institute of the Evangelical-Lutheran
Church of Ingria from 28 October 2019, and the Theological Seminary of the
Evangelical-Lutheran Church of Russia from 11 December 2019.
Magistrate's court cases, fines
Rosobrnadzor may also bring prosecutions under Administrative Code Article
19.5, Part 1 ("Failure to comply within the prescribed period with a legal
order on the elimination of legal violations, issued by a body exercising
state supervision").
In some cases, there are simultaneous prosecutions of both the legal entity
and its director. After Rosobrnadzor's follow-up inspection of the Baptist
Union's Moscow Theological Seminary in January 2019, it decided that the
"violations" had still not been dealt with, and took both the Seminary and
its Rector, Pyotr Mitskevich, to court.
On 26 March 2019, Novogireyevo District Magistrate's Court No. 289 fined
Mitskevich 1,000 Roubles (one day's average wage) and the Seminary 10,000
Roubles (both fines were upheld by Perovo District Court on 18 June 2019).
This was despite the fact that, in upholding the Seminary's earlier fine
under Administrative Code Article 19.20, Part 3 on 16 January 2019, the
appeal judge at Moscow City Court appeared to acknowledge that no
violations were outstanding
(https://www.forum18.org/archi
Rosobrnadzor sometimes initiates separate prosecutions for each "order" it
claims is still unfulfilled.
For example, Vsevolozhsk Magistrate's Court No. 86 (Leningrad Region) twice
fined Rector Anton Tikhomirov of the Theological Seminary of the
Evangelical-Lutheran Church of Russia 1,000 Roubles on 5 February 2020 and
11 March 2020 – despite the fact that the Seminary had written to
Rosobrnadzor explaining why it had missed the first deadline and had sent
evidence of the elimination of violations before the second deadline.
On 26 November 2019, the same court also fined Rector Ivan Laptev of the
Theological Institute of the Evangelical-Lutheran Church of Ingria 1,000
Roubles for non-fulfilment of each Rosobrnadzor order.
Licence suspended and/or annulled
If Rosobrnadzor remains unsatisfied that an institution has resolved the
alleged problems with its courses, website, or buildings, it will seek the
ultimate penalty of annulment of its licence and eventual closure. This
must take place through the arbitration court system and can last several
months; the first-instance court's decision enters legal force when an
appeal ruling is issued, though either party may then appeal at the
cassational level.
Arbitration courts note that "The application of a specific penalty
restricting constitutional law must meet the requirements of justice, [and]
be proportionate and appropriate to the nature of the act committed. As the
revocation of a licence limits the legal capacity of a legal entity, since
it stops it from engaging in a certain type of activity, this measure
should also be necessary to protect the economic interests of the Russian
Federation, [and] the rights and legitimate interests of consumers and
other persons. Therefore, the presence of formal signs of a violation
cannot serve as a sufficient basis for a court to make a decision to revoke
a licence."
"Deprivation of a licence is an extreme measure used by the state when an
organisation through its activities grossly violates the law and threatens
society, the state, or citizens," the Moscow Theological Seminary's Deputy
Rector Aleksey Markevich commented on Facebook on 27 February 2020.
"Apparently the judge saw some kind of threat in our seminary."
Without a licence, an educational institution cannot issue any certificates
testifying to a student's satisfactory completion of a course. While it
could continue to exist as a legal entity, it could no longer conduct
formal, structured, examined educational activity, and would soon be forced
to close. Upon losing its licence, an institution is legally obliged to
arrange the transfer of its students to equivalent organisations (if they
wish).
Apart from the question of certification, having a licence matters because
it gives an educational establishment status and legitimacy, a staff member
at one of the recently affected institutions told Forum 18 in April 2021.
This allows it to attract good teachers and means its graduates are taken
more seriously in the outside world.
Without a licence, a religious organisation can teach its own members
informally, but if it is found to be conducting any teaching which could be
deemed structured or which involves formal tests of knowledge, or if it
issues any documentary evidence of completion (ie. the characteristics of
legally defined "educational activity"), it could be subject to prosecution
for carrying out educational activity without a licence.
Depending on circumstances, this could take place under Administrative Code
Article 14.1, Part 2 ("Conducting entrepreneurial activities without a
special permit (licence)"), Administrative Code Article 19.20 Part 1
("Conducting non-profit-making activities without a special permit
(licence)"), or Criminal Code Article 171 ("Conducting entrepreneurial
activities without registration or without a licence .. if this act caused
major damage to citizens, organisations, or the state, or is associated
with the generation of profit on a large scale").
Before pursuing full annulment, Rosobrnadzor suspends an institution's
licence. This suspension may be lifted if the institution manages to
convince Rosobrnadzor that it has dealt with the issues raised by its
inspectors. While a licence is suspended, religious education institutions
may continue teaching informally, but cannot hold examinations or issue
certificates to their graduates, as this would constitute formal
"educational activity".
The Eurasian Theological Seminary's licence was suspended from 9 August
2018 to 10 October 2018, when it was annulled. The Moscow Theological
Seminary's licence was suspended between 2 July 2019 and 10 September 2019,
and again from 10 October 2019 to its annulment on 22 June 2020.
Rosobrnadzor suspended the licence of the Evangelical-Lutheran Church of
Ingria's Theological Institute between 19 February 2020 and 20 April 2020,
and again from 23 July 2020.
Rosobrnadzor suspended the licence of the Theological Seminary of the
Evangelical-Lutheran Church of Russia between 7 April 2020 and 2 December
2020; it was then obliged to renew it when the arbitration court's ruling
in the Seminary's favour entered legal force (see below), but suspended it
again in relation to its second "order" on 10 December 2020.
The Baptist Union's Moscow Theological Seminary lost its licence on 22 June
2020, after arbitration courts upheld Rosobrnadzor's request to have it
annulled. The education inspectorate argued that the Seminary had failed to
eliminate violations identified by its inspection in October 2018. The
Seminary insisted that it had done so
(https://www.forum18.org/archi
"Although the Seminary answered all the bureaucratic claims, the
[arbitration court] judge decided not to take this into account," Deputy
Rector Aleksey Markevich wrote on his Facebook page on 27 February 2020.
"For example, the main claim of 'violation' of licensing requirements is
the 'incorrect format' of the document describing the workload of teachers,
although, according to the law, this format is developed and approved by
the educational organisation. And we developed our own by analogy with the
format [used by] another university."
Maintaining that the violations inspectors had identified had still not
been dealt with, Rosobrnadzor suspended the Seminary's licence on 2 July
2019. It then lodged a suit at Moscow City Arbitration Court on 22 November
2019 to have the licence annulled, which was upheld on 27 February 2020.
The Seminary appealed unsuccessfully at the 9th Arbitration Court on 10
June 2020 (after which the ruling entered legal force) and at the
Arbitration Court of the Moscow District on 13 October 2020. Throughout
this period, the Seminary remained operational, but was unable to issue
certificates or admit new students.
Deputy Rector Markevich blamed the Seminary's loss of its licence on "the
carte blanche given to the Russian bureaucracy and the lack of an
independent judiciary".
Markevich added on 3 March 2020: "I don't believe in conspiracy theory, and
I don't advise anyone to believe in it. We do not know who is or isn't
behind these unfair decisions regarding our seminary. As I have already
written many times, I personally see that the reason for this is the
unbridled Russian bureaucracy, which does not act for the sake of any lofty
goals, but simply fulfils the commands: 'catch' and 'forbid'. And this does
not apply only to Rosobrnadzor."
Rosobrnadzor applied twice to the Arbitration Court of St Petersburg and
Leningrad Region with requests to annul the licence of the Theological
Seminary of the Evangelical-Lutheran Church of Russia (once for each
"order" it issued after inspection). The court refused to uphold its first
suit on 28 July 2020. Rosobrnadzor appealed unsuccessfully at the 13th
Arbitration Court on 17 November 2020. At this point, the ruling entered
legal force and Rosobrnadzor was obliged to renew the Seminary's licence
– which it did on 2 December 2020, but suspended it again eight days
later in relation to the second order, which it still maintained the
Seminary had not fulfilled by the latest deadline of 21 September 2020.
On 30 March 2021, the Arbitration Court of the North-Western District sent
the case back for re-examination; it is unknown when this may take place.
This means that the Seminary is still in danger of losing its higher
education licence.
Rosobrnadzor's second attempt to have the licence annulled was heard on 18
March 2021 and was also refused by a different judge. The inspectorate has
the right to appeal within a month of the publication of the full written
verdict – that is, by 25 April 2021.
Both first-instance judges dismissed most of Robrnadzor's claims as not
applying to a distance-learning institution, and concluded: "The materials
of the case confirm that, in fact, [the Seminary] took measures to
eliminate the violations identified, [and] no evidence of damage to public
interests or other negative consequences was presented."
The Seminary's licence remains suspended as the latest court decisions have
not yet entered legal force. "At the moment, we are not officially
conducting educational activities," Rector Anton Tikhomirov told Forum 18.
"However, where possible, we are giving lectures, conducting academic work,
and maintaining close contact with our students."
The Rector added that the institution has a flexible graduation timetable,
so there are no problems with delays to students' completion of their
courses. "The problem is in the usual bureaucracy, which, on the one hand,
does not bother itself with a really thorough study of the issue, and on
the other, cannot flexibly adapt to new and unusual realities (like
distance learning)."
The Seminary is currently completing its move from Novosaratovka to St
Petersburg. Because of its change of address, including a change from one
federal subject to another, it will in any case need to undergo
re-licencing, Rector Tikhomirov pointed out to Forum 18.
On 13 November 2020, the Arbitration Court of St Petersburg and Leningrad
Region upheld Rosobrnadzor's request to annul the licence of the
Theological Institute of the Evangelical-Lutheran Church of Ingria. This
ruling came into force on 6 April 2021 when the Institute appealed
unsuccessfully at the 13th Arbitration Court, according to court records.
While the Evangelical-Lutheran Church of Ingria is itself able to continue
teaching informally, it is unable to issue certificates or admit students
to diploma courses. The Institute is now planning to appeal at the
cassational level. It is also preparing an application for a new higher
education licence, as well as one for an additional professional education
licence, should that fail.
Obstructing aims for "highly educated, qualified ministers"?
Many religious organisations require their clergy and sometimes other staff
to have particular qualifications, for which training in specialised
institutions is necessary. The loss of educational licences and consequent
impossibility of providing the necessary certificated courses is therefore
a serious obstacle to the supply of appropriately qualified staff for
religious organisations.
The Baptist Union's strategy and vision document, for example, states that
"church pastors and senior presbyters should be highly educated, qualified
ministers", and bible studies teachers, Sunday school teachers, preachers,
and missionaries should all have higher education. The Church "makes every
effort to organise systematic spiritual education at all levels".
Muslim religious life in Russia is governed by many regional and local
organisations, which may or may not be part of one of the major
federal-level bodies (the Central Spiritual Administration of Muslims of
Russia and the Spiritual Administration of Muslims of the Russian
Federation). Orenburg Region's Spiritual Administration, for instance,
stipulates that clergy serving in its local communities must have received
a theological education at an institution run by the Central Spiritual
Administration of Muslims of Russia or one of its regional subsidiaries, or
must have passed an examination and received a certificate from the Central
Spiritual Administration's Russian Islamic University in Ufa; clergy must
also undergo re-certification by the Russian Islamic University every three
years.
According to its statutes, candidates for ordination in the
Evangelical-Lutheran Church of Ingria must have trained at its own
Theological Institute, or have been examined and certified by the Institute
after graduation from another institution, or have a certificate of
theological education from another institution approved by the Church's
Synod.
From higher education to additional professional education: problem for
clergy trained abroad?
On 2 August 2019, the Eurasian Theological Seminary's founder organisation,
the "Church of God" Association of Christians of Evangelical Faith
(Pentecostals), registered a new educational institution: the "Religious
organisation – Spiritual educational organisation of additional
professional education of Christians of Evangelical Faith (Pentecostals)
Eurasian Theological Seminary". This received a licence for additional
professional education from the Moscow City Department for Education and
Science on 7 November 2019. The Seminary was thus able to resume full
operations in this new form.
The Seminary initially tried to re-apply for the same higher education
licence it had lost in November 2018, but "The answer surprised us
greatly", Rector Aleksey Gorbachev told Forum 18 on 16 March 2021. "As we
understood later, this answer reflected a decision that specified the place
of confessional education in the national education system of the Russian
Federation .. that under a licence to train ministers and religious
personnel, students cannot study for bachelor's and master's degrees".
Gorbachev added that Rosobrnadzor inspectors had told another Christian
institution that it could continue to teach students to BA and MA level
under a licence for the training of ministers and religious personnel, "but
it will not last that long".
"Realising that the managers of the national education system of the
Russian Federation have decided finally to separate confessional education
from the rest of the national education system, we decided that there was
no need for us to work under the supervision of Rosobrnadzor," Gorbachev
added.
Noting that degrees from a religious education institution do not allow
students to go on to postgraduate study at secular universities, Gorbachev
commented: "Why should Christian higher educational institutions, which
train ministers, be guided by the standards of national higher educational
systems and take on unnecessary obligations to Rosobrnadzor?"
The Seminary now issues certificates for the training of clergy and other
religious personnel according to national standards of additional
professional education, the Rector explained to Forum 18, but has its
theology degrees confirmed by the Euro-Asian Accreditation Association (an
international organisation of Evangelical educational bodies which aims to
"help educational institutions of Eurasian countries achieve international
standards and confirm their academic and spiritual level with appropriate
accreditation", according to its website).
In order to resume its full programme of courses, on 28 November 2019 the
Baptist Union's Moscow Theological Seminary also established another legal
entity: the "Autonomous Non-profit Organisation for Additional Professional
Education 'Theological Seminary', Moscow". Moscow City Department for
Education and Sciences granted it a licence for "additional professional
education" and "additional education of children and adults" on 28 May
2020.
The shift from "higher education" [vyssheye obrazovaniye} to "additional
professional training" [dopolnitelnoye professionalnoye obrazovaniye] may
have some benefits for religious institutions, which are able to obtain
licences for the latter from regional education departments, which "do not
create such difficulties" as Rosobrnadzor does, according to Aleksey
Gorbachev, Rector of the Eurasian Theological Seminary.
It also clarifies the distinction between theology courses as the secular
academic study of religion and as preparation specifically for ordination
or other work within a religious organisation, which can include both
scriptural and practical elements. A blurring of these understandings
appears to have been at the root of many of Rosobrnadzor's claims that
institutions were failing to abide by federal state standards.
On the other hand, this seems likely to cause difficulties for religious
organisations which appoint staff and clergy who have trained abroad, who
will soon be required to undergo further training at educational
establishments which have both a higher education licence and state
accreditation.
Seminaries with licences for "additional professional education" (rather
than "higher education") will be unable to offer the necessary courses,
lawyer Stanislav Kulov of the Slavic Centre for Law and Justice told Forum
18 on 30 March.
Meanwhile, many religious colleges have not so far sought state
accreditation; among Protestant institutions, only the Seventh-day
Adventist University in the Tula Region is state-accredited.
On 5 April 2021, President Vladimir Putin signed the latest set of
amendments to the Religion Law, altered only slightly after religious
leaders' criticism of its proposal to oblige clergy educated outside Russia
to undergo re-training and re-certification before being allowed to
practise in the country. The set of amendments will enter legal force on 3
October 2021, according to government newspaper "Rossiyskaya Gazeta".
Among other changes (see forthcoming F18News article), the amendments
require that clergy and other staff of religious organisations who have
undertaken "educational programmes aimed at training ministers and
religious personnel" abroad must receive "additional professional education
in the field of the basics of state-confessional relations in the Russian
Federation".
In its current form, this requirement will apply only to those who have yet
to begin working in Russia. In its earlier draft, it would have applied to
all personnel educated abroad, regardless of how long they may have been
practising in Russia.
It appears that the requirement will affect both Russian and foreign
citizens, and both members of the clergy and non-ordained religious
teachers and missionaries. Ostensibly aimed at preventing the importation
of extremist ideas, the amendment will nevertheless affect clergy and
communities of all religious affiliations, regardless of whether they have
ever been accused of involvement in extremist activity (which is itself
ill-defined under Russian law).
Before the bill was considered in the Duma, Damir Mukhetdinov, First Deputy
Chair of the Spiritual Administration of Muslims of the Russian Federation,
argued that re-certification of clergy would not protect believers from
extremists: "The bearers of such views are convinced opponents of the very
principle of centralising religious activity .. therefore they themselves
avoid serving in large and established religious structures".
The mandatory re-training must take place in "spiritual educational
organisations which are registered in accordance with [the Religion Law]
and implement state-accredited basic educational programmes of higher
education, or in federal state educational institutions of higher education
of the Russian Federation, the list of which is approved by
[Rosobrnadzor]". Individuals must then "undergo certification by the
governing body (centre) of a centralised religious organisation registered
in the territory of the Russian Federation".
It seems likely that this will cause particular difficulties in the light
of religious educational institutions' recent struggles to retain their
licences and the fact that some – including the flagship institutions of
the Baptist Union and the Pentecostal Union – are now no longer licensed
for higher education, as the amendment appears to require.
Lawyer Stanislav Kulov commented to Forum 18 on 24 March that the
amendments are "replete with vague wording" and may be "safely viewed as
unjustified interference in the activities of religious associations by the
state and an encroachment on the constitutionally enshrined principle of
separating religious associations from the state".
Kulov added: "What are these programmes of additional professional
education in the field of the basics of state-confessional relations? Are
there many spiritual educational organisations that implement programmes of
higher professional education that have state accreditation?"
"In light of the adopted amendments, the earlier [Rosobrnadzor]
inspections, as a result of which a number of Protestant seminaries were
deprived of licences that gave the right to implement higher professional
education programmes, look like part of some kind of 'repressive' plan to
reduce the number of religious educational institutions that have the
ability to conduct re-training and re-certification for their fellow
believers and clergy."
If a religious community has no educational institutions in Russia, it is
unclear where or how its personnel will undergo re-training, or whether
secular universities will be expected to develop the relevant courses to
compensate for this. (END)