D. Komyagin

Property and Income of Religious Institutions: Public or Private

2015. No. 4. P. 17–33 [issue contents]
article considers the sources of income of religious institutes, origin and destination of Churchproperty and the withdrawal of state ownership of church property (secularization) as a special form ofnationalization. The analysis is performed on the example of the Orthodox Church, for this the sources ofCanon law and the historical aspects have been studied. The author analyses the sources of acquisitionof church property, makes the conclusion about the public mission of the church property. That meansthe seizure of church property generates budget expenditure commitments.The article describesthe sources of church property, legal forms of its seculyarization, and also aims of church property.Acquisition of temple property is tracked from the oldest times but it could be made by law only fromthe moment of the Milan edict (313). The main sources of its acquisition are: donations, inheritance,purchase or creation, gifts from the state treasury. The mission of church property is defined by internalrules of Church, but it is not certain resolution in the the canonical law, despite clear understanding ofdue and undue use. Seculyarization is a historical form of nationalization, its character depends on aninvolvement of the state into affairs of church management. The seculyarization history in countries ofWestern Europe is connected with a problem of „killing” of church property for a civil using. In the East (the countries of East Christian religion) such problem didn’t stand owing to bilateral process of donationand withdrawal of property between the church and the state.
Citation: Komyagin D. (2015) Imushchestvo i dokhody religioznykh organizatsiy — publichnyeili chastnye? [Property and Income of Religious Institutions: Public or Private]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 17-33 (in Russian)
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