Contemporary Problems of Social Work


Freedom of consicience and religion in the system of individual rights and freedoms of human and citizen in the Russian Federation

Автор/Author: Nikolaev A.M., Folosyan M.E.

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Список литературы/References:

1. Arsenyev K. K. Freedom of conscience and religious tolerance. A collection of articles. SPb., 1905. – 292 p.

2. Arenin E. I. Religious studies (an Introduction to the basic concepts and terms): textbook for students of higher educational institutions. Moscow: Academic Project, 2004. 326 p.

3. Antonenko, T. A. Religious norms and the system of socio-legal regulation of social relations (theoretical-methodological aspect). Author’s abstract on competition of a scientific degree of candidate of juridical Sciences. Rostov-on-Don, 1999. 24 p

4. Pchelintsev A. V. . “Freedom of religion and religious associations in the Russian Federation”. Author. dis. D. Yu.N. M., 2012.

5. Avakyan S. A. Political pluralism and public associations in the Russian Federation: constitutional and legal framework. Moscow: Russian legal publishing house, 1996. 359-p.

6. Avakyan S. A. the Constitution of Russia: the nature, evolution and modernity. M.: RWED, 1997. 512.

7. Federal law of 26 September 1997, No. 125-FZ “On freedom of conscience and on religious associations” // collected legislation of the Russian Federation. 1997 No. 39

8. Criminal code of the Russian Federation of 13 June 1996 // the Collection of RF legislation. 1996. No. 25 18. Maloletko A. N. The theoretical basis for the assessment of the status and management of state educational institutions of higher professional education Moscow, 2008. b 3 pp. 17-25.

9. Maloletko A. N. The national interests of the Russian Federation in the field of education // Moscow, 2008. pp. 51 – 65 16. Maloletko A. N. The concept of economic safety of development of the higher education system of Russia // Moscow, 2009. P. 94

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12. Vishnyakova I. N. Constitutional-legal regulation of freedom of religion. The dissertation on competition of a scientific degree of candidate of legal Sciences. M., 2000.25 p.

13. Belyavsky D. S. problems of realization of freedom of conscience in subjects in subjects of the Russian Federation located within the southern Federal district. Title of the thesis. Author. dis. D. Yu.N. M., 2012.

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Содержание статьи/Article:

At the moment, on the basis of national census, conducted in October 2010, Russia's population was 142,905,200 people. Russia, therefore, is the most populous country in Europe and the ninth largest in the world by number of inhabitants. The Russian Constitution says that Russia is a secular state. [6] The Constitution guarantees "freedom of conscience, freedom of religion, including the right to profess, individually or jointly with others any religion or no religion, to freely choose, possess and disseminate religious and other beliefs and to act in accordance with them."[1]

It should also be noted that in the Russian Federation shall be punished any unlawful interference in the activities that make religious organizations, as well as when performing religious rites. [2] It must be said that there is a mention of religion and the law on political parties, which imposes a ban on the establishment of political parties based on religion. [4] It is this diversity gives the two sides to the issue of freedom of conscience and religion.

For believers conscience understood by criteria dogmas of faith, and for people who do not believe - in the delineation of the moral issues of good and evil. Accordingly, the self-determination of the person plays a critical role in the maintenance of freedom of conscience and religion. On this basis, we can say that religion freedom is part of a group of elements that relate to the conscience.

The content of religious freedom includes, including the right to profess, individually or jointly with others any religion or no religion, to freely choose and change, possess and disseminate religious beliefs and to act in accordance with them. Establishment of privileges, restrictions or other forms of discrimination based on religion in the Russian Federation is not allowed.

In other words, freedom of religion means that anyone can choose any religious doctrine itself and without any obstacles to perform rites and rituals, which are assumed as part of the religious doctrine.

The basic provisions of freedom of conscience and religion are explained in the Federal Law "On Freedom of Conscience and Religious Associations", namely:

1. If military service is contrary to religious beliefs, then the person can replace it with an alternative service;

2. No one shall be obliged to disclose their religious affiliation, as well no one is obliged to request such information from others;[3]

3. No one can be forced to participate in religious ceremonies or to refuse to participate in them;

4. An employee of a religious group can not be arrested for refusing to give the information that was received during his confession;

5. Believers are given the freedom to unite them in any groups and organizations, as well as freedom in the presence of such organizations registrations;

6. These organizations have the right to perform religious rites in hospitals and orphanages in prisons, nursing homes, etc .;

7. Religious organizations may at its own expense to manufacture, distribute, sell a variety of religious literature Plan for religious purposes, without breaking the law.[3]

Also important is the freedom of choice in religious education citizen. In the Russian Federation, citizens have the right to receive religious education only in their personal choice. You need to specify that the right to freedom of conscience is still a child, but parents should provide the child upbringing and education. At the personal request of parents or guardians, as well if the child agrees to provide religious education programs. But for these actions require the consent of the data administration of educational institutions, which coordinate with the relevant local authorities.

It should be noted that in the Russian Federation banned those religious groups whose actions are associated with causing harm to human health, as well as if these actions arouse citizen refusal to perform legal, civic duties. It is not necessary to guess what is prohibited and those religious groups that call for other wrongful acts.

The Code of Administrative Offences has an administrative fine for obstructing the exercise of the right to freedom of conscience. [5] The Criminal Code also provides for penalties for violation of the right to freedom of conscience and religion.[2]

Unlike public relations in the field of religious organizations and the relationship of religion and state, is that they are integrated into a complex, multi-level mechanism of normative regulation. Despite the fact that under Article 14 of the Russian Constitution[1], our state is secular, some rules relating to religion and religious organizations, can not be attributed to secular normative legal acts. These standards relate to standards «lex canonica» (religious norms, canon law) [6]Complexity of religious and canonical norms is that they will always be changing. This process may depend on many factors, which include: historically established paradigm of church and state relations, legislation on religion, the extent to which data regulations states regulate religious relations. Also, no doubt, on the basis of a secular state, the rules «lex canonica» will depend on the level of interference of religious organizations and religion in state affairs, and vice versa, a situation where the state interferes in the affairs of religious associations.

Based on the foregoing, we can say that fully reflect the norms of the law «lex canonica» impossible. However, if you find a common ground of religious norms and legal, it is possible to identify some, mirroring a general model of a set of religious rules in the law. In our view, the goal of any secular state, including the Russian Federation, is to find these points of contact and their reflection in the regulation.

Consider some of the features of religious freedom as a segment of the freedom of conscience:

1. The obligation to recognize freedom of religion can not be rejected for any reason, as this "freedom" to have everyone from birth and thus has naturally - legal nature;

2. As mentioned earlier, complex in its structure complex religious norms, includes not only any subjective right, exercisable by man alone, but also the scope of the rights of the volume sold in conjunction with a team of human men (FBOs). Accordingly, the State must establish a clear distinction between the subjective right of one person and the rights of religious organizations. And it is important to take into account the point that setting this line, the state should not interfere in the affairs of the organization;[6]

3. Distribution of religious freedom in the inner and outer freedom. Internal religious freedom presupposes that each person internal beliefs, the presence or absence of faith, etc. Internal religious freedom can not be limited by any legal act. But foreign religious freedom associated with the manifestation of internal religious freedom outside, certain actions, which in some cases may be restricted by law;[6]

4. In addition to religious organizations, there are many other structures that some of its responsibilities to the realization of the constitutional freedom of conscience and religion. Accordingly, the rules developed for religious organizations, must take into account this specificity, thus, possible to regulate the competence of organizations that play an important role for the maintenance of religious freedom in the Russian Federation;

Federal Law "On Freedom of Conscience and Religious Associations"[3], as it seemed at the time, decided many conflict issues concerning the relationship of law and religion. At the moment, there are some serious gaps in the law, namely:

1. In the present existing Federal Law "On Freedom of Conscience and Religious Associations" there is no delineation of responsibilities between the federal government and the government of the Russian Federation, local authorities in the area of ​​religious freedom;

2. There is no clear age limit for persons who intend to establish a religious organization;

3. There is no clear language that require religious organizations to act strictly on a territorial basis;

4. There is a huge gap in the law, which concerns missionary activity;

5. Do not settled state religious expertise as well not regulated punishment for grave violations that have taken place during the creation of a religious organization;[6]

6. Insufficient clearly and in detail regulate the conditions and procedure for the liquidation of religious organizations;

Forming a legislative framework in relation to freedom of conscience and religion, lawmakers need to take into account some exceptional living conditions, in which there is a person. It can perform military service, serve his sentence in prison, to be hospitalized, etc. These persons are experiencing some sort of restrictions on movement and daily routine. The state has decided this issue, enabling some institutions to open certain areas, be it prayer rooms, to create a special diet in these institutions, the ability to store religious literature. For some individuals in such institutions to allocate time for worship, prayer, and others.

Estimating further prospects of the problems of legal regulation of freedom of conscience and religion, we can say, in our opinion, in the future, legislators should take certain steps in this sphere:

1. Limit the external influence on the religious organization;

2. Solve problems relating to conflict with the rights of religious secularism state

3. To develop a unified system of state-confessional relations

4. Establish effective safeguards activities of religious organizations

Ключевые слова/Tags1: constitutional law, freedom of conscience and religion, rights and freedoms of man and citizen