Forensic Religious Examination of Information Materials: Issues of Conceptual Ambiguity and Methodological Approaches to Identification of Religious Association Signs

The work addresses the problem of distinguishing between a state religious expertise and a forensic religious examination as well as developing the methodological approaches to diagnostics of the signs of a religious association. There are considered the legal grounds for appointing a forensic religious examination as well as an algorithm for diagnosing the signs of a religious association. Special attention is paid to the operationalization of the concept of religion in relation to the tasks of judicial proceedings. The signs of a religious association are systematized in accordance with Federal Law No. 125-FZ dated September 26, 1997: “On Freedom of Conscience and Religious Associations”: religion, performance of worship services, and training of adherents. Criteria for differentiating personal freedom of conscience from the activities of a religious group are identified based on the theological doctrine, ritual practice and pedagogical components. There are defined the indicators for identification of dogmatically driven signs of changes in social behavior of adherents under the influence of thought conversion. Based on the generalization of forensic practice, the methodological approaches to diagnostics of a religious association are proposed. The author substantiates the significance of the developed approaches for minimizing legal risks when evaluating non-traditional religious movements in criminal and civil proceedings.

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