Each state can be characterized by the degree of freedom of its citizens. Today this is a key principle in the activities of many countries. However, there were times when personal freedom simply did not exist. At the same time, human life was subject to strict regulation by state power. Of course, this state of affairs did not suit anyone. Therefore, the period of the New Age is considered to be revolutionary, since people began an active struggle for their rights and freedoms. In the 21st century, the rights and freedoms of people in many states are ensured and supported.

The Russian Federation is no exception in this matter. The daily life of its citizens is built on constitutional principles developed and confirmed over the years. At the same time, provisions on freedom of conscience and religion are of great importance. They guarantee fundamental human rights and also directly affect his life. But freedom of conscience and freedom of religion are not only individual norms of the fundamental law, but an entire system of normative regulation of specific legal relations in society.

The Constitution and its norms

It should be remembered that freedom of conscience and freedom of religion are, first of all, constitutional and legal provisions or principles on the basis of which the life of an individual and society of the Russian Federation as a whole is built. In this case, the fundamental law plays a key role. It is he who gives life to the presented categories. The Constitution is an act of supreme legal force, which establishes provisions on the political and legal structure of the country. The principles of the Constitution also have supreme power and are the basis for rule-making in each individual area. If we are talking about rights, then all normative legal acts without exception should not violate the constitutional possibilities of society, which include freedom of conscience and freedom of religion.

Principles of the constitutional status of the individual

Human activities in all cases must be carried out within the framework of the law. Anything that goes beyond the created boundaries will be an offense. The main provisions that regulate human activities are constitutional principles. They show the range of possibilities that each of us has. At the same time, they concern different spheres of human life. Those basic provisions that directly coordinate the existence of society are called the principles of the constitutional status of the individual. They are classic and in some ways fundamental provisions of the main law. These principles include the following: equality, freedom of speech, non-restriction of rights, guarantee of rights, freedom of conscience and freedom of religion.

What is freedom of conscience and religion?

The current legislation of the Russian Federation enshrines many principles that are key to the life of the population. In addition, the Constitution, as we know, guarantees freedom of conscience and freedom of religion. In most cases, people do not understand what the concepts mentioned are. Despite the fact that the presented capabilities of individuals are presented in a single constitutional norm, they are completely different legal structures. Freedom of conscience is the opportunity to have any kind of beliefs that no one can influence. And freedom of religion is the opportunity to practice any of the existing religions.

Identity of concepts

For a long time, the right to freedom of conscience and religion was identified in the form of a single right. It was believed that the terms were absolutely equal. However, this statement is false. The problem is that freedom of conscience characterizes a person’s ability to have his own thoughts and beliefs about any events and phenomena that surround him. That is, each of us has every right to criticize the current government, legislation, the state of the economy, etc. When we talk about freedom of religion, we mean nothing limited opportunity be an adherent of any religious belief. In addition, this principle protects the rights of subjects. After all, in accordance with it, no one can be oppressed for their religious views, etc. Taking into account the presented features, we can say with confidence that freedom of conscience and religion are completely different concepts.

History of the formation of principles

The development of freedom of religion and conscience occurred over a long period of time. The latter principle originated during the European Reformation. The ideologists of this movement argued that the Catholic Church, with its beliefs and hierarchy, was completely unnecessary for society. Further, the provision on freedom of conscience is reflected in the English one and which was invented in France. Of course, the UN is of key importance in this list. It is this that is the main international legal act that enshrines the presented principle. As for freedom of religion, this provision has long been developed as part of the opportunity to have one’s own beliefs. However, scientists have found that already in Ancient Rome there were the makings of the principle of freedom of religion. In addition, its formation was also facilitated by the English Act on Tolerance, the provisions of the Warsaw Conference, the Russian decree “On strengthening the principles of religious tolerance”, the abolition of Russian Empire the Pale of Settlement, etc.

Russian legislation on freedom of conscience and religion

If we talk about our state, today it has developed a whole system of relevant regulations that regulate the issues mentioned in the article. According to the existing regulatory system, the issues presented are coordinated by the provisions of different legal areas, namely:

• provisions of the Constitution;
• Civil Code of the Russian Federation;
• relevant federal legislation.

First of all, Russian legislation on freedom of conscience and religion is enshrined at the level of the Constitution, namely in Article 28. According to its provisions, everyone is guaranteed the right to have their own beliefs, etc. At the same time, freedom of religion is characterized by the fact that a person is given the opportunity to freely choose, disseminate beliefs of a relevant nature.

Federal Law “On Freedom of Conscience and Religious Associations”

As stated earlier, in the Russian Federation there are relevant legislative acts that regulate civil rights in the sphere of religion and internal ideology. This is the Federal Law “On Freedom of Conscience and Religious Associations”. After the Constitution, this act can be called the main coordinator of relevant legal relations. This federal law enshrines specific forms of guaranteeing freedom of conscience. Its action is based on the fact that the Russian Federation is a secular state in which there should not be a dominant or prevailing religion. Therefore, complete freedom of religious activity is allowed. It should be noted that the mentioned law also regulates the activities of such an interesting subject as religious associations.

Features of associations of a religious nature

The presented law on freedom of conscience contains norms that regulate the activities of certain social groups. These are religious associations. Such formations are groups that exist on a voluntary basis. At the same time, members of associations must permanently reside on the territory of the Russian Federation and use their formation for the general preaching of a certain faith. In addition, a religious association is considered such if it exists for the following purposes, namely:

Performing rituals and ceremonies;

Religious Instruction;

Profession of faith, etc.

At the same time, the activities of religious associations can be stopped by decision of the relevant government authorities if it contradicts the current legislation of Russia or violates the rights and freedoms of citizens.

Guarantees for the implementation of freedom of conscience and religion

The norms of the Constitution and current legislation establish a number of provisions that ensure the human rights mentioned in the article. First of all, freedom of conscience and freedom of religion are guaranteed by the provisions of the Constitution. It contains the following supporting standards:

• freedom of conscience and religion cannot be limited by anyone, with the exception of state necessity;
• there cannot be any advantages or discrimination in religion;
• people may not communicate their religious affiliations;
• Confession is protected by law and is a secret.

In addition, the federal law “On Freedom of Conscience and Religious Associations” also has a number of guarantees. In most parts of the situation normative act They repeat the constitutional ones, but there are some peculiarities. For example, according to the Law, a person can exchange military service for an alternative one if it contradicts his religious beliefs.

Responsibility for violation of freedom of conscience and religion

Guaranteeing human capabilities implies the existence of several levels of legal protection, which manifests itself in responsibility for different industry areas. In this case, the violation of the right to freedom of conscience and freedom of religion plays an important role and Negative consequences which it causes. The first provision on liability is enshrined in the Constitution, namely in part 5 of Article 3. According to its provision, activities aimed at preventing a person from realizing the right to freedom of conscience and religion, involving the use of violence, are prosecuted by federal legislation. In accordance with this norm, there are forms of administrative and criminal liability. In the first case, the offense is provided for in Article 5.26 of the Code of the Russian Federation on administrative offenses. As for criminal liability, the main role is played by the norm of Article 148. It prosecutes activities that are aimed at obstructing or violating the right to freedom of conscience and freedom of religion.

Separation of Church and State

Freedom of conscience and religion exists quite ambiguously in states where the church is not separated from political power. In such countries, the principles presented in the article are essentially identical. An example of this is Sharia law, which is based on both legal and religious provisions. Thus, in a state where the church is also a political force, fundamental human freedom of conscience and religion is not actually ensured. The article of the Constitution in such a country will not play any role or have legal force. This is an extremely negative factor, as it clearly shows the infringement of natural human rights.

Conclusion

So, in the article we tried to consider constitutional rights, freedom of conscience and religion. In conclusion, it should be noted that these principles are an important element on the path to building a new European society that will not be constrained by ideological prejudices.

A special place in religious studies is occupied by theoretical understanding problems of freedom of conscience and the practical implementation of this right. One of the most controversial issues in this regard remains the question of defining the concept of freedom of conscience, its specificity and relationship with wide range public relations. This is due to the fact that problems of religion turn out to be closely intertwined with worldview and ideological, legal and moral, epistemological and axiological aspects. Therefore, no consensus has emerged on how to define the concept of freedom of conscience. Insufficiently substantiated methodological approaches to the analysis of the concept of freedom of conscience often lead to a narrowing of the scope of the concept and to vague definitions. At the same time, there is often an underestimation of the role and significance of the human factor, the ideological foundations of the concept, and the role and significance of its legal aspect are absolutized.

The need for a theoretical analysis of the problems of freedom of conscience is also explained by the fact that in Russian religious studies and legal literature of past decades, the main attention was paid to political, legal and ideological problems of freedom of conscience, while ideological and moral problems did not receive proper coverage due to the lack of an appropriate social order. As a result of excessive politicization and ideologization of the problems of freedom of conscience, some uncertainty has arisen in the interpretation of the concept, its ideological foundations, specificity and essence. Philosophical understanding of the concept of freedom of conscience was replaced by a declarative slogan, quotation or article of the current constitution. Today in the public consciousness there is a process of abandoning false stereotypes and ideas, the public need for historical truth and objective information is increasing.

The processes associated with religion both in the modern world and in modern post-Soviet Russia are very complex, dynamic and contradictory. The attitude of an individual to religion is largely determined by the level of social and cultural development of society. First of all, it is a measure of the establishment of freedom of conscience in society. Freedom of conscience and religion is one of the most important rights of citizens of our state. A historical analysis of the formation and development of ideas about freedom of conscience indicates that this concept is based on an individual’s choice of his attitude towards religion and atheism, taking into account the interrelation of democratic rights and freedoms functioning in a given society, and the real right of the individual to determine his own attitude towards religion .

The concept of freedom of conscience, which concentrated the ideas of humanism, tolerance, demands for ideological choice, has a long history of formation and development, and is characterized by specific historical certainty. Currently, freedom of conscience is understood as the freedom of citizens to profess a particular religion, to defend and promote religious views or not to profess any religion, as well as to be an atheist and defend their beliefs 1 . One of the elements of freedom of conscience is the freedom to choose and profess any religion, which includes the free establishment of religious associations by believers, the enjoyment of all political and other rights and the performance of civil duties without any privileges or restrictions. Freedom of conscience is broader and more complete than freedom of religion, more consistently upholds the principle of “religion is a private matter for every citizen” and equally protects the rights of both believers and non-believers.

In the modern world, the process of secularization (changing the relationship between society and religion) and modernization (changing religion itself) continues. Concepts of a secular state, secular education, etc. reflect the fact that relations between people in society cease to be religiously determined. Religion and the church have lost their former place and meaning; the language of religion, its concepts are increasingly moving away from real life. For a long time, secularization was understood as a transition from religious sphere to everyday life, and later - the transfer of some functions from the jurisdiction of church authorities to the jurisdiction of secular ones. Now secularization is understood as liberation from the influence of religion and the church in all spheres of society. Secular principle, secularity, freedom of conscience, as V.I. believes. Garaj, are embodied in a person’s worldview, in his self-awareness as a free autonomous subject: he is not obliged to accept anything simply on faith, blindly submitting to the power of tradition, he critically perceives and evaluates them; the world in which he lives is accessible to his understanding, he arranges this world in accordance with his goals and capabilities, he owes nothing to anyone “else”, to any power standing above him. Everything he possesses was obtained by himself, and not given from above. The public consciousness is dominated by ideas that mainly define a “this-worldly”, worldly orientation 2 .

As noted above, one of the elements of freedom of conscience is the freedom to choose and profess any religion. Freedom of religion is a multi-structural socio-psychological phenomenon that includes such structural components, as: the right to profess any religion, or not to profess any religion; the right to practice religious worship. This also includes the right to change religious views and beliefs; the right to be an atheist and conduct active propaganda; as well as the equality of all people before the law, regardless of their attitude to religion.

In sociological terms, freedom of conscience is a spiritual value, an important social good created by society as a result of historical development. In this case, it is considered as a social institution or an actual state, a type of behavior of people in the field of ideological and religious relations. In political science terms, the exercise of freedom of conscience is one of the aspects of democracy. Its socio-political content is determined by the nature of the social system, the nature of state power, the political regime, the level of development of science and culture, the role of religion in the political and spiritual life of society, the historical traditions existing in a given country, and other factors. In a philosophical sense, freedom of conscience was considered as a philosophical and ethical category, as an opportunity for every person to act in accordance with their ideas about fair and unfair, about good and evil, as the right of people to think about the world the way they want, including from religious positions, and also act in accordance with their ideas about the world.

When characterizing a person’s attitude to religion in Art. 28 of the Constitution of the Russian Federation, in addition to the concept of “freedom of conscience,” the term “freedom of religion” is used, and in the norms of international law, in particular, in Article 18 of the Universal Declaration of Human Rights, Art. 18 International Covenant on Civil and Political Rights, Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and other instruments - “freedom of religion”. Freedom of religion is equivalent to freedom of religion, religious freedom, that is, these terms are identical. Freedom of belief (religion) presupposes not only the free activity of religious associations of various faiths operating in accordance with the law, but also the individual right of everyone to freely choose any religion, belong to any faith, choose, have, change, disseminate and express any religious views, participate in religious services and rituals, and not to profess any religion. As M.V. Baglay and V.A Tumanov rightly point out: “In a subjective sense, i.e. as a human right, the concepts of freedom of religion and freedom of religion are equivalent, but the latter also means the right to the existence of all religions and the possibility of each of them unhindered preach your creed. However, very often all these terms (including “freedom of conscience.” - A.P.) are used as identical”6.

Thus, in order to unify terminology and bring domestic legislation in accordance with the requirements of international law, it would be possible to use the term “freedom of religion” in the Constitution of the Russian Federation and domestic legislation.

Detailed solution Paragraph § 12 on social studies for 8th grade students, authors Bogolyubov L. N., Gorodetskaya N. I., Ivanova L. F. 2016

Question 1. What is religion? When did the first religions appear? Which modern religions have the largest number of believers?

Religion is a special form of awareness of the world, conditioned by belief in the supernatural, which includes a set of moral norms and types of behavior, rituals, religious activities and the unification of people in organizations (church, religious community).

Religions appeared in the form different beliefs(which did not yet have a clear organization similar to the modern one) almost simultaneously with the advent of humanity.

According to what we currently know about the Paleolithic period, at least by the end of this era, ancient people developed what we might call religion or spiritual relationships. This is indicated by the ritual burial customs they had at that time and rock paintings in caves. People probably believed that the natural world was inhabited by gods or deities, or even that various objects and places, such as rocks or groves, were themselves alive. Religious Beliefs and practices - as we might imagine them - formed social structure, as if connecting communities and increasing the efficiency of their activities.

World religions are commonly understood as Buddhism, Christianity and Islam. For a religion to be considered global, it must have a significant number of followers around the world and at the same time should not be associated with any national or state community. In addition, when considering religion as a world religion, its influence on the course of history and the scale of its spread is taken into account.

Question 2. Why does a person believe in the influence of supernatural forces on his life and the development of society? Why does the active development of science and the dissemination of scientific knowledge not reduce the number of believers?

A person must believe in something, without faith his life will be empty, devoid of hope, meaning, confidence in the future, etc. When a person faces some seemingly hopeless situation and has absolutely no one to turn to, he turns to God, i.e. to supernatural forces, sincerely asks, and help comes, seemingly from nowhere. How can you not believe in miracles after this? Naturally, we believe that someone from above sees everything and controls us. For evil deeds a person is punished, for good deeds a person is rewarded. The law of balance applies, in my opinion, this is fair.

Because science, although strong, cannot explain many things. There are cases that cannot be called anything other than miracles; they contradict all laws, all known truths. That is why the number of believers is not decreasing and will never decrease.

Question 3. Why, according to the philosopher, evidence of the existence of God cannot be reliable? How do you understand the idea of ​​gradual development of religious experience and religious thinking?

All this evidence cannot provide absolute certainty. Both the existence of the external world and the existence of the Divine principle for the mind are only probabilities or conditional truths that can only be affirmed by faith.

Question 4. What is religion?

Religion is a special form of awareness of the world, conditioned by belief in the supernatural, which includes a set of moral norms and types of behavior, rituals, religious activities and the unification of people in organizations.

Other definitions of religion:

The doctrine of the reunification of man with God.

One of the forms of social consciousness; a set of spiritual ideas based on belief in supernatural forces and beings (deities, spirits) that are the subject of worship.

Organized worship of higher powers.

Spiritual formation, a special type of human relationship to the world and to oneself, conditioned by ideas about otherness as the dominant reality in relation to everyday existence.

Conviction in the existence of some invisible order and that the highest good is to fit harmoniously into this order.

Question 5. What is characteristic of religious faith?

Any religion presupposes the existence of a mysterious connection between man and God (or other supernatural forces), the worship of these forces, and the possibility of human interaction with them.

Religious faith is always associated with the belief in the presence of certain supernatural forces that influence, to one degree or another, the fate of a person and the life of society. The supernatural, according to religious people, does not obey the laws of the surrounding world, but at the same time does not belong to the realm of fantasy.

Religious faith is also certain experiences, human feelings manifested in relation to God (or other supernatural forces).

A religious person is convinced of the reality of contact with God, that God, to one degree or another, influences the destinies of individuals and entire nations, and that the believer has channels of communication with him, for example, by saying a prayer or making a sacrifice. The believer believes that God makes certain demands on his behavior and can call him to account for their failure to fulfill them, although most religions allow for the possibility of establishing a good relationship between a person and God and a chance for a person to appease the deity. To do this, a person performs certain actions - rituals, each element of which is filled with deep religious meaning and reflects the fundamental ideas of religion. The top ritual actions is prayer - a person’s direct verbal appeal to God.

Question 6. What is the importance of religion in the life of society?

Religion performs a number of significant social functions.

It regulates the behavior of people in society. Firstly, believers must follow certain rules and perform established religious actions. Secondly, religion unites the moral experience of generations of people and creates certain general principles of coexistence in society.

Religion not only makes demands on human behavior, but also encourages him to develop certain positive qualities, such as kindness, mercy, and moderation.

Religion is not only rules of behavior, but also a certain view of the world, the essence of man and his place in the world.

Removes the heavy psychological condition a person, allows him to feel relief, an influx of strength. Of course, religion is not able to solve many of a person’s real problems (illness, financial difficulties, family troubles), but it can change the person’s attitude towards these problems, give him new guidelines and life incentives.

Religion can also save a person from loneliness and expand his social circle. A person interacts with other believers within a religious community, he can find himself.

Question 7. List and briefly describe the main types of religious organizations.

Religious organizations include churches, sects and organizations built around a prominent religious leader.

A church unites followers of any religious faith who hold worship services together. It is characterized by a clear division of believers into clergy (clergy) and laity (ordinary believers), with the clergy themselves occupying different positions in the church hierarchy. Most churches have official religious leaders, such as the Pope for catholic church, Patriarch of Moscow and All Rus' for the Russian Orthodox Church. Many churches have a certain territorial structure, for example, in a number of Christian churches there are dioceses headed by archbishops and bishops. Any church develops a system of immutable principles of doctrine and rituals.

A sect usually arises as a result of the separation of some laity and clergy from the church, opposing themselves to the rest of the believers. The number of participants in the sect, as a rule, is limited, and the division between laity and clergy is eliminated, and the ideas of equality of all members of the organization are proclaimed. Important feature The sect is a claim to the exclusivity of its religious beliefs, conviction in the “chosenness of God” and absolute intolerance of dissent. Sectarians seek to isolate themselves from other religious organizations, to leave worldly life. In addition, sects control the lives of their adherents quite tightly, sometimes depriving them of the opportunity to dispose of their property, freely act, think, communicate, and create.

Religious organizations of a sectarian type can be built around a prominent religious figure. The leader of such an organization proclaims himself and is recognized by its participants as God (a new incarnation of God) or a representative of God (some supernatural force) and the bearer of absolute truth. It is the leader of the organization who is the most important object of religious worship of its participants.

Question 8. What is the principle of freedom of conscience? How is it implemented in our country?

Freedom of conscience is usually understood as the right of a person to independently form his own beliefs and express them openly, without causing harm to the freedom of other people and society as a whole. These beliefs can relate to a variety of areas of human life: religion, attitudes towards people, work, creativity, the state. We can say that freedom of conscience is the right of every person to some independence of his spiritual life from society and the state.

Representatives of many of the world's most widespread religions live in the Russian Federation. Christianity, Islam, Buddhism, Judaism and other religions form an integral part of the historical heritage of the peoples of Russia.

The Constitution of the Russian Federation, in accordance with international law, guarantees the implementation in our country of the principle of freedom of conscience and freedom of religion. All religions on the territory of our country are equal in rights; there is no state, official religion. The state guarantees all believers the opportunity to freely practice their worship. Young people who are liable for military service (i.e., subject to conscription for military service) can undergo alternative civilian service if military service contradicts their religious beliefs.

IN modern Russia the church is separated from the state, that is, the state does not interfere in the internal life of religious organizations, does not finance their activities and does not promote some of them. Religious organizations, in turn, should not interfere in issues government controlled.

Russian legislation provides equal access for representatives of all religions and atheists to receive basic, secondary and vocational education. In addition, the promotion of any religion or atheism in compulsory classes in public educational institutions is prohibited.

Question 9. Compose short message about the main ideas and symbols of the most widespread religions in your region.

Christianity - Abrahamic world religion, based on the life and teachings of Jesus Christ as described in the New Testament. Christians believe that Jesus of Nazareth is the Messiah, the Son of God and the Savior of mankind. Christians do not doubt the historicity of Jesus Christ.

Christianity is the largest world religion, both in terms of the number of adherents, of which there are about 2.3 billion, and in terms of geographical spread - in every country in the world there is at least one Christian community.

The largest movements in Christianity are Catholicism, Orthodoxy and Protestantism. In 1054 there was a schism christian church into Western (Catholic) and Eastern (Orthodox).

Christianity arose in the 1st century in Palestine, which was at that time under the rule of the Roman Empire.

Islam is a monotheistic Abrahamic world religion. The word “Islam” is translated as “surrender to God”, “submission”, “submission” (to the laws of Allah). In Sharia terminology, Islam is complete, absolute monotheism, submission to Allah, His orders and prohibitions; abstaining from polytheism and associating partners with Allah.

Islam originated in the 7th century with the preaching of Muhammad, who is a prophet for Muslims. According to the teachings of Islam, prophets and messengers, including those sent earlier by Musa (Moses) and Isa ibn Maryam (Jesus Christ), were sent to different nations to instruct people on the path to monotheism, however, over time, people began to fall into error, and some began distort the faith by introducing one's own views into the scriptures.

Followers of Islam are called Muslims. The language of worship is classical Arabic. There are currently, according to various estimates, from about 1.2 to 1.57 billion Muslims in the world.

Question 10. Imagine that your friend turned to you for advice on choosing a religion. What arguments could you give to justify caution in this matter? What elements of religions would you recommend paying special attention to?

There is a religion to suit everyone's taste. If you advise something, you need to be aware of the customs, use your friend’s character and his outlook on life in your choice, because each religion has its own philosophy. You need to pay attention to people professing this religion, bring out common features these people. After all, if he/she follows this religion, sooner or later he will acquire these qualities.

Question 11. Visitors to one of the Internet sites discussed an article by a journalist that religion, with its miracles and supernatural powers, is leading young people away from studying physics, biology and other natural sciences. Express and justify your attitude to the journalist’s opinion.

The state and society should be interested in educating not religious, but deeply and comprehensively educated citizens who master modern scientific knowledge and technologies, active, creatively oriented individuals with a purposeful will, a sense of personal civic responsibility for what is happening in the country, capable of ensuring the social, spiritual and economic progress of the nation.

Question 12. Writer V. Nabokov said: “It is not guided tours that come to God, but lonely travelers.” How do you understand these words?

Everyone comes to faith on their own, having traveled a long way before. No one ever leads someone by the hand to decisions; we make moral choices ourselves.

"The principle of freedom of conscience and its implementationin various spheres of society"

Kaliningrad, 2010

Introduction

In modern conditions and the conditions of accelerated development of civilization, the role of the individual in society is becoming more and more significant, in connection with this, the problem of freedom and responsibility of the individual to society is increasingly arising.

A detailed concept of the dialectical unity of freedom and necessity from an idealistic position was given by Hegel. A scientific, dialectical-materialistic solution to the problem of freedom and necessity comes from the recognition of objective necessity as primary, and the will and consciousness of man as a secondary derivative.

In society, individual freedom is limited by the interests of society. Each person is an individual, his desires and interests do not always coincide with the interests of society. In this case, the individual, under the influence of social laws, must act in individual cases so as not to violate the interests of society, otherwise he faces punishment on behalf of society.

In modern conditions, in the era of development of democracy, the problem of individual freedom is becoming more and more global. It is resolved at the level international organizations in the form of legislative acts on individual rights and freedoms, which are now becoming the basis of any policy and are carefully protected.

However, not all problems of individual freedom have been solved in Russia and throughout the world, since this is one of the most difficult tasks. Individuals in society currently number in the billions, and every minute on earth their interests, rights and freedoms collide.

The rule of law guarantees individuals their rights and freedoms and their legal protection - the most important principle. The next principle is submission only to the law and activity on the basis of the law adopted by society in conditions of full democracy.

“Man, his rights and freedoms are the highest value,” proclaims Article 2 of the Constitution of the Russian Federation. “Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.” In the light of this constitutional establishment, the study of all aspects of the implementation of freedom of conscience seems not only scientifically relevant, but also an important social, state-significant task.

At the same time, there is a very extensive scientific tradition of studying theoretical aspects freedom of conscience, practical aspects of its implementation. Doctoral and master's theses have been defended on this issue.

In Russian historiography, a significant number of works are devoted to the problems of freedom of conscience.

Freedom of conscience as a legal institution

Freedom of conscience and religion, despite its apparent simplicity, is a complex and multifaceted concept. For centuries, philosophers, historians and lawyers have invested different meaning into his theoretical understanding. At the same time, the categories “freedom” and “conscience” that make up this concept have always been considered as closely interrelated and interdependent.

The key term that reveals the content of the legal institution under consideration is the category of “conscience”. From a philosophical point of view, conscience acts as an internal moral criterion for assessing one’s own actions, regulating expressed thoughts and actions, and thereby limiting freedom to the moral framework of behavior. In other words, conscience is moral consciousness, feeling or knowledge of what is good and bad, just or unjust.

Conscience is determined moral standards. A person is guided by them in the external manifestation of his thoughts and feelings. If a person acts unscrupulously, then, as a rule, he bears responsibility, primarily moral, and sometimes legal. Conscience as an element moral consciousness orients a person in the world of actions. The ability to evaluate one's actions from the point of view of good and evil is one of the main features of human nature.

What is fundamental for a person capable of such an assessment is the set of moral values ​​that allows him to make this assessment as conscious as possible. In other words, the problem of a person acquiring conscience depends on whether he has a system of moral values, consisting of adherence to any teaching or a set of his own moral principles or views. Modern researchers define conscience as the ability of an individual to exercise moral self-control, independently formulate moral duties for oneself, demand from oneself that they be fulfilled, and make a self-assessment of the actions performed, emphasizing the individual personal principles of an individual. Thus, from a philosophical and moral-ethical point of view, conscience is the possibility of a moral assessment by a person’s consciousness of the content and consequences of his own and others’ actions, carried out by him on the basis of his own or collective beliefs.

Considering the concept of “freedom”, we can distinguish different approaches to its theoretical understanding. Thus, R. Descartes understood freedom as simple, original arbitrariness, autonomy of the will, which is stronger than passion and independent of it. The will has a purely rational nature. Freedom in any significant sense of the word requires only that our expressions of will be the result of our own desires, and not of external forces forcing us to strive for something else. Thus, according to the views of R. Descartes, freedom is actions caused by the will.

G.V. Leibniz also assumed the existence of free will in his philosophical system. He hypothesized that nothing in the world happens without some reason. For Leibniz, free will is a great good, but it is logically impossible for God to grant free will and at the same time command that sin should not exist. Therefore, God decided to make man free, although he foresaw that Adam would sin and that sin would inevitably entail punishment. In the world that results from this, although there is evil in it, the preponderance of good over evil is greater than in any other possible world.

One of the most important characteristics freedom is that a free person is the master of his consciousness. T. Hobbes wrote in “Leviathan” that a free person is one who is not prevented from doing what he wants, since he, by his physical mental abilities able to do this.

Freedom can be considered in a material (physical) sense and an ideal sense (as freedom of thought and will). The first is expressed in freedom of action and is limited by the physical capabilities of a person and the influence of the laws of nature on him. The second is more predetermined by the free will of man and is limited by him moral position(conventionally expressed in the concept of “conscience”). Thus, freedom is understood as the ability to act according to one’s will, one’s goals, and not according to external coercion or restriction.

As for the concept of “freedom of conscience,” despite the fact that the concepts of “freedom” and “conscience” that make up the category have an independent meaning, the content of this category is not a mechanically combined sum of these concepts, but has its own ideological and legal meaning.

The theoretical-legal model of freedom of conscience includes an understanding of freedom of conscience in the objective and subjective senses. Freedom of conscience in an objective sense can be characterized as a system of legal norms that make up the legislation on freedom of conscience of a certain historical period in a particular country. Freedom of conscience in the subjective sense is specific opportunities, rights, claims that arise on the basis and within the framework of legislation on freedom of conscience, that is, these are specific powers of subjects arising from these acts, belonging to them from birth and depending on within known limits from their will and consciousness, especially during use. The subjective right to freedom of conscience is a legally guaranteed measure of a citizen’s possible (allowed, permissible) behavior within the framework of the specified system (person - religion - religious association - state), outlining the legal framework of individual freedom.

The multidimensional nature of freedom of conscience predetermines the fact that it is the object of study of various social sciences. So, when we talk about freedom of conscience in the moral sense, we mean, first of all, human freedom in the sphere of moral relations, the opportunity to act in accordance with the dictates of one’s conscience, without violating social, including legal norms. The attitude towards religion, although important, is only one aspect of this problem.

In sociological terms, freedom of conscience is a spiritual value, an important social good created by society as a result of historical development. In this case, it is considered as a social institution or an actual state, a type of behavior of people in the field of ideological and religious relations. In political science terms, the exercise of freedom of conscience is one of the aspects of democracy. Its socio-political content is determined by the nature of the social system, the nature of state power, the political regime, the level of development of science and culture, the role of religion in the political and spiritual life of society, the historical traditions existing in a given country, and other factors.

In a philosophical sense, freedom of conscience was considered as a philosophical and ethical category, as an opportunity for every person to act in accordance with their ideas about fair and unfair, about good and evil, as the right of people to think about the world the way they want, including from religious positions, and also act in accordance with their ideas about the world.

The universal nature of freedom of conscience has made it possible to comprehend it not only as a legal, but also as a philosophical, ethical, socio-cultural, ideological category.

An attempt to consider freedom of conscience as a complex phenomenon is present in the works of V.N. Savelyev and F.M. Rudinsky. So, V.N. Savelyev identified the following aspects:

1) epistemological aspect, which involves the formation of a person’s attitude to a religious and atheistic worldview through the prism of idealistic and materialistic ideas;

2) the economic aspect, which reveals material guarantees of freedom of conscience, a system of financial and material support for the activities of religious and atheistic organizations;

3) the legal aspect, which studies not only legislation on freedom of conscience, but also religious aspects of legal consciousness and ideology, legal guarantees for believers and atheists, the mechanism of their legal protection;

4) the moral aspect, which explores the mechanism for the formation of a person’s moral conviction in the correctness of the choice between a religious and materialistic worldview, and the moral justification of actions and actions.

Implementation of the constitutional principle of freedom of conscience in Russia

The provisions on freedom of conscience contained in the current Constitution of Russia have been practically implemented for more than ten years in the activities of government bodies and in the life of religious associations. This period saw active efforts by the state to develop new normative legal acts regulating the activities of religious associations and to build new forms of relationships between the state and confessions. All this had a positive impact on the general situation with ensuring human rights, since many, many conflicts that had complicated state-church relations over the previous years were eliminated.

The Constitution of the Russian Federation (1993), proclaiming and enshrining the fundamental principles of the rule of law, in a special article (28) guarantees everyone freedom of conscience and freedom of religion. This general principle is revealed through legislative acts that ensure the human right to freedom of conscience and regulate the activities of religious associations. The Russian regulatory framework in this area, although slowly, is gradually approaching pan-European standards. In particular, this was manifested in the fact that back in 1995 the Civil Code of the Russian Federation identified among the subjects of civil legal relations non-profit organizations(Clause 1, 3 of Article 50 of the Civil Code of the Russian Federation), which also included religious organizations. Thus, the past discrimination and infringement of the rights of religious organizations was put to an end. They were equal in all respects to all others public associations created by citizens to exercise their constitutional rights.

In development of constitutional provisions ensuring the personal rights of citizens, the Federal Law “On Freedom of Conscience and Religious Associations” (1997) was developed and adopted. Second article of the Law to its components Russian legislation on freedom of conscience, in addition to the relevant norms of the Constitution of the Russian Federation, includes: the Civil Code of the Russian Federation, the Federal Law "On Freedom of Conscience and Religious Associations", as well as other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation, which directly relate to the implementation of human rights to freedom of conscience and activities of religious associations.

Today in Russia, according to the Ministry of Justice of the Russian Federation, there are more than 23 thousand religious organizations of 60 different directions. They enjoy the support of millions of Russian citizens. Among them: local societies and centralized religious organizations, religious centers and monasteries, spiritual and educational institutions and missions, brotherhoods and sisterhoods. There is every reason to assert that legal and organizational conditions have been created in Russia for citizens to exercise their rights to freedom of conscience. Religious organizations play a significant positive role in public life. They are actively and fruitfully engaged in social, charitable, peacekeeping, cultural and educational, educational, publishing and economic activities. These efforts help to check the onslaught of immorality; promote protection universal human norms and values, moral improvement of society.

Given the severity and depth of the social problems of Russian society, religious associations in recent years have paid special attention to supporting the most vulnerable segments of the population. Religious organizations have defined their place and role in resolving these problems and forms of possible cooperation with the state and society in a number of program documents. We are talking, first of all, about those of them that reveal the foundations, goals and objectives of social activity. These are “Fundamentals of the social concept of the Russian Orthodox Church” (2000), “Fundamentals of the social program of Russian Muslims” (2001), “Fundamentals of the social concept of the Russian United Union of Christians of the Evangelical Faith” (2002), “Fundamentals of the social teaching of the Seventh-day Adventist Church in Russia" (2002), "The Social Position of Protestant Churches" (2003).

Based on generally accepted norms of international law, freedom of conscience may be subject to certain restrictions, which, first of all, must be caused by the need to help protect public safety and order, health, morals, fundamental rights and freedoms of others. The restriction must be provided for by law and, finally, actually justified, that is, be objectively determined.

In conditions when the existing legal framework of Russian legislation on freedom of conscience is not properly used by government officials in the interests of citizens and religious organizations, legal education among civil servants becomes an important area of ​​activity of the Commissioner.

It is obvious that the normative consolidation of the principles of freedom of conscience and a secular state in state acts does not in itself guarantee their actual implementation and observance. The state is required to ensure the rights and freedoms of citizens in real life on a daily and hourly basis; moreover, this is its duty arising from the Constitution (Article 2, 18).

For the state, the task today is to continue the constructive line that has emerged in recent years and has led to significant positive changes in the exercise of freedom of conscience and religion. The rights of citizens and religious associations are becoming a reality.

Religious associations, for their part, must respect and comply with legal norms that ensure their equality among themselves and before the state. Various religions, peoples and cultures have coexisted in Russia for centuries. It was from this diversity that Russian civilization took shape. An important factor both for its preservation and for the progressive development of civil society with high level ensuring human rights is the stability of interethnic and interreligious relations, the eradication of unjustified restrictions on the rights to freedom of conscience and the legal rights of religious associations.

Problems of implementing the constitutional right to freedom of conscience

IN modern science the principle of freedom of conscience is theoretically conceptualized as a historical, philosophical and ethical category, but not legal. Freedom of conscience is understood not only as the right to profess religion or deny it, but much broader. The very definition and content of this concept is distorted. It is defined through the concept of “freedom of religion”. The term “religion” is used in science and journalism in a broad sense, but in a narrow sense it is borrowed from theology, and therefore is not always clear for believers of one denomination. The use of religious and theological terms in legislation creates preconditions for violating the democratic principles of freedom of conscience. Respectively, government agencies, carrying out religious examination, tend to become a secular analogue of the “holy inquisition”.

It is necessary to develop a comprehensive concept of freedom of conscience, to explore the mechanisms of ideological needs in all spheres of society. In modern realities, the main aspect of freedom of conscience is awareness of the diversity of relationships and respect for the relationship between knowledge and faith among different people. The development of civilization determines a change in the relationship between science and religion in society, between the knowledge and faith of each person. These principles must be reflected in everyone's right to freedom of conscience. The implementation of this right depends on: the individual’s ability to self-realize as a person; the ability to overcome the contradictions between trends caused by the surrounding development of civilization and human nature; the state's ability to sustainable development without social explosions and upheavals; the ability of the world community to find ways to solve world problems facing humanity.

Scientists have different opinions on clarifying the legal content of the principle of the secular nature of the state, enshrined in Part 1 of Article 14 of the Constitution of the Russian Federation. M.N. Kuznetsov and I.V. Ponkin believe that currently the interpretation of this principle in the Russian Federation often takes on a one-sided and even discriminatory character, when secularism is mistakenly identified with anti-religious or atheistic. The legal norms of Part 1 of Article 14 of the Constitution of the Russian Federation are erroneously interpreted as enshrining such a position of religious associations in the Russian Federation, when the state is “equidistant from all religious associations,” and the religious associations themselves act separately, in isolation from all other institutions of civil society. However, in Part 1 of Article 14 of the Constitution of the Russian Federation there are no provisions establishing the atheistic or anti-religious nature of the state, and there are also no mandatory provisions on the forced and categorical isolation of religious associations from the state and other institutions of civil society. The identification of the secularism of the state with its anti-religious orientation is incorrect both from the point of view of constitutional and legal science, and from the point of view of analyzing the real semantic content of the word “secular”. A secular state in the typology of states, based on the principle of the relationship between state power and religious ideology, differs from a theocratic state, in which a religious leader or group of religious leaders, being at the head of the state, heads the government bodies, while religious associations are not separated from the state, and there is no division of powers between the bodies state authorities and the leadership of a religious organization, there is a mixture of state authorities and the management bodies of a religious organization, religious organizations have the right to participate in the activities of state bodies or influence their activities.

The secular nature of the state does not mean that it does not interact in any way with religious associations. The state implements legal regulation realization by citizens of the right to freedom of religion and activity of religious associations. The system of relations between the state and religious associations is not isolated from the rest of the system of social relations, but becomes part of it, experiencing the influence of many social processes. Religious associations are part, institutions of civil society, believers are exactly the same full citizens of the Russian Federation as non-believers (Part 2 of Article 6, Parts 1 and 2 of Article 19 of the Constitution of the Russian Federation), therefore the secular nature of the state does not imply complete isolation religious associations from public life, from social processes.

Based on the above, the principle of the secular nature of the state means the following:

· Freedom of religion is guaranteed. No religion or non-religious, including atheistic, ideology is established as mandatory, the state does not support the propaganda of anti-religious ideas and teachings, no religion is established as the basis of state power.

· Members of society have an equal amount of rights and freedoms, regardless of their attitude to religion and their affiliation or non-belonging to any religion.

· Religious associations are separated from the state; religious associations and their hierarchies are not included in the system of state authorities and local self-government; religious associations do not interfere in the activities of government bodies, other government bodies, government agencies and local government bodies and do not perform their functions; no actions or decisions of state authorities and local self-government implementing their functions are coordinated with religious associations or approved by them.

· The state does not delegate to religious associations and their leaders (officials, clergy) any state or municipal powers and does not assign to them the functions of state authorities, other state bodies, state institutions and local government bodies.

· Structures of religious associations cannot be formed in government bodies, other state bodies and local self-government bodies (which does not exclude joint founding or participation in any socially significant projects).

· The activities of state authorities and local governments are not accompanied by public religious rites and ceremonies.

· The state, its bodies and officials, local government bodies do not interfere in the internal affairs of religious associations, do not participate in regulating the internal structure of religious associations.

· There are no special spiritual, religious or denominational courts in the state judicial system.

· The norms of religious laws (canon law) are not sources of law in the state (except for those specifically provided for in the legislation); decisions of the governing bodies of religious associations do not have the force of public law or private law norms and acts; the state does not participate in their implementation for believers.

· In state and municipal educational institutions, the secular nature of education is fixed: any religious doctrine or non-religious (including anti-religious or atheistic) ideology cannot be established as mandatory; state and municipal educational authorities and educational institutions are not organized or controlled by religious associations (except for participation in public control of the education system on an equal basis with other institutions of civil society).

· The state, its bodies and officials do not interfere in issues of how citizens determine their attitude towards religion, or in the legitimate activities of religious associations.

· The state does not finance the religious activities of religious associations, but at the same time promotes the development of charitable, cultural, educational and other socially significant activities of religious associations, creates conditions for the implementation of charitable activities, carries out legal regulation and provision of tax and other benefits to religious organizations, provides financial, material and other assistance to religious organizations in the restoration, maintenance and protection of buildings and objects that are monuments of history and culture, as well as in ensuring the teaching of general education disciplines in educational institutions created religious organizations in accordance with the legislation of the Russian Federation on education. The provision of assistance does not violate the proclaimed principle of separation of religious associations from the state, since such assistance is provided regardless of religious affiliation and goes beyond the strictly religious framework, having social and state significance.

IN Russian society there is a process of understanding the essence of state-confessional relations and state policy in relation to religious associations is being formed. State policy provides religious associations with benefits and assistance, which generally meets the needs of society. However, lawmaking and law enforcement practice are not sufficiently holistic and conscious. The regulatory framework should exist on the basis of conceptual provisions, including ideas about the place of religion and religious associations in modern society. But such an ideological basis is practically absent. At the everyday level, there remain problems that must be solved by government officials when implementing religious policy and understanding the role of religious associations in public life.

It is quite obvious that the very existence of the Federal Law, which prevents every citizen from realizing the right to “freedom of thought, conscience and religion,” contradicts the Constitution of the Russian Federation.

Taking into account the realities of the late 20th century. (space technology, peaceful atom, cloning, Internet, etc.) the main aspect of freedom of conscience becomes recognition and respect for the diversity of relationships between knowledge and faith among different people. But this is not the Russian version of “special” regulation of the activities of religious associations in the interests of narrow groups. The main meaning of such “right” in today’s Russia is an attempt to use “respected confessions” for political purposes, limiting the rights of other religious organizations and special control over their activities. The difficulties of implementing the constitutional principles of freedom of conscience in the Russian Federation are closely related to the history of Russia. According to A. Griboedov, said at the beginning of the 19th century, “a Russian feels truly Russian only in the Orthodox Church.”

The introduction of the Byzantine version of Christianity also played a huge, if not decisive, role in the formation of Russian statehood, an option in which the individual with his rights faded into the background. This trend began to manifest itself gradually with the consolidation of the principalities around Moscow and the formation of the Moscow state ideology, which in many ways bore the features of the Byzantine one. In the Kievan era, Byzantinism in all senses could not yet be embodied in the emerging all-Russian national consciousness, where both the church and society had a certain freedom. But the lack of subsequent legal consolidation of personal and political freedoms in the chaos of civil strife of the Tatar raids prepared the ground for the further adoption of Byzantineism into the Moscow environment. Disappear last hopes to freedom, the status of the human person in the state also changes - now it is practically a slave under unlimited royal will and power, not regulated by any law.

freedom conscience religion constitutional

At the present stage of development, the legal regulation of freedom of conscience largely depends on church-state relations, namely: will the state use the Church (religious associations) for political purposes, as a state ideology? And will the Church (religious associations), for certain benefits, become the ideological support of the state, neglecting the highest universal values ​​and its purpose? It is the relationship between these two social institutions that determines not only the state of freedom of conscience in the state, but also, in many ways, the future of Russia.

In general, we can conclude that Russian state policy in the field of freedom of conscience, despite the tragic lessons of the past millennium, has not undergone serious positive changes and Russia, as has happened more than once, has entered another dark period in its history.

Conclusion

Theoretical disagreements on the issue of freedom of conscience that exist between religious scholars and lawyers different countries, which have developed due to historical traditions and objective laws, have received legal formalization in various legal systems, each of which solves this problem in accordance with the goals, needs and interests of a given society, the established scope of democratic rights and freedoms. This is the reality of today.

Any attempts to transfer theoretical and ideological differences into the realm of politics and interstate relations undermine trust between countries and existing social systems, divide people along religious lines, and narrow the areas of cooperation and mutual understanding. A tolerant attitude towards other worldviews and value guidelines is an important component of the emerging new thinking.

The current stage in the development of ideas about freedom of conscience and religion can be conditionally attributed to the twentieth century, when the main documents on this issue were adopted in the world community, following the path of globalization and integration of the world. In this regard, I would like to dwell on their analytical assessment.

The principle of freedom of religion and freedom of conscience is considered as a fundamental legal, social and political norm that applies to all spheres of social relations. Therefore, according to Western religious scholars and lawyers, legal norms, regulating the implementation of this right, must simultaneously provide protection from interference by the state and its bodies in the sphere of personal freedom.

List of used literature

1. Avakyan S.A. Freedom of religion as a constitutional and legal institution // Vestnik Mosk. un-ta. Series "Law". 1999.

2. Vishnyakova I.N. Constitutional and legal regulation of freedom of religion. Author's abstract. dis. ...candidate of law. Sci. M., 2000.

3. Dozortsev P.N. Philosophical and legal foundations of freedom of conscience in modern Russia. M., 1998.

4. Legislation on religious organizations. M., 1997

5. Constitution of the Russian Federation // M., 1997

6. Kovalsky N.A., Imperialism. Religion. Church // M., 1986

7. Luparev G.P. Freedom of conscience: “sacred cow” or constitutional and legal anachronism? // Religion and law. 2002.

8. Mchedlov M.P., Politics and religion // M., 1987

9. "General theory of human rights." Publishing house NORM, Moscow, 1989

10. Polosin V., Russian religion or an introduction to new sociology // Socio-political and scientific journal “Russia”, 1994

11. Popov A., People's Church of Latin America: lessons for Russia? // Social, political and scientific magazine “Russia”, 1994

12. Radugin A.A., Introduction to religious studies // M., 1996

13. Religions of the world // Ed. member - corr. RAS Shchapova Ya.N. M., 1994

14. Sebentsov A. E., Kovalev A. A., Kalinin V. N. Freedom of religion for humans // International life. 1990. No. 12. P.29-38.

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Religion and freedom of conscience are very important issues that inevitably arise in a social state. As you know, the main value of our country, according to the 1993 Constitution, is the person, his freedoms and rights. Therefore, the topic that we will cover in this article is very relevant.

First of all, let's define the basic concepts. Freedom of conscience is the right of each of us to believe in God according to the teachings of one or another religion, chosen by us independently, and also to be an atheist, that is, not to believe in him at all. This freedom is especially important in countries where a state religion has been established, which means that there is some pressure on a person, the purpose of which is to force him to accept this religion. In other states, where there is no such pressure, freedom is a protection for atheists. In atheistic totalitarian countries, it was used as a cover for anti-religious propaganda and all kinds of persecution of the church.

Definitions of "conscience"

Conscience in philosophy means internal criterion morality in assessing one’s actions, which regulates actions and expressed thoughts, and also limits human freedom to certain moral frameworks. Modern researchers define conscience as the ability of an individual to exercise moral self-control in his actions, to formulate moral duties and values ​​for himself, to demand their fulfillment from himself, and also to evaluate the actions that have been committed. At the same time, the personal, individual principles of each individual person are emphasized.

The concept of "freedom"

When considering the concept of “freedom” that interests us, we can distinguish different approaches to its understanding. In particular, Rene Descartes believed that this is autonomy and arbitrariness of the will. Freedom can also be considered in ideal and material senses. The material side of it means freedom of action and is limited by the physical capabilities of people and the influence of the laws of nature on each individual. Its ideal side depends on to a greater extent from the free will of the individual. It is limited to his moral position. Freedom, therefore, means the ability to act in accordance with one’s goals, one’s will, and not according to external restrictions or coercion.

Freedom of conscience - what is it?

If this concept is considered from the point of view of sociology, then this is already some spiritual value of society, its important benefit, which was created as a result of historical social development. However, we are interested in freedom of conscience in the legal aspect. In 1993, the Constitution of the Russian Federation was adopted. Article 28 of this document addresses this issue. Often freedom of conscience in it is equivalent to religion; it is also identified with atheism or with the choice between them. Nevertheless, although conscience and its freedom are the core of religious morality, they do not determine the unlimited choice between denying God and believing in him. Conscience is a mental property inherent in every person, regardless of its recognition or denial. It lies in the innate discrimination and knowledge of good and evil. Even in infancy, conscience is formed when parents explain to their children what is good and what is bad.

Moral standards determine this internal regulator of our actions. They guide a person in the external manifestation of his own feelings and thoughts. If he acts unscrupulously, he usually bears responsibility for it. First it is moral, and then it can come legal. Conscience, being an element of moral consciousness, serves to orient a person in the world of right and wrong actions. The tendency to evaluate them from the point of view of evil and good is one of the main features of human nature.

The concept of freedom of conscience in the Constitution of the Russian Federation

In Article 28 of the Constitution of the Russian Federation, the concept of “freedom of religion” is assessed as equivalent to the concept of “freedom of conscience” discussed above, but not equivalent to it. In Article 52 of the USSR Constitution, adopted in 1977, freedom of conscience and religion were largely equated as concepts. This article guaranteed citizens the right to independently choose whether or not to profess a particular religion. It also provided the opportunity to conduct anti-religious propaganda and practice various cults, thereby protecting “freedom of conscience.” The same is repeated in Article 50 of the Constitution of the RSFSR, adopted a year later. When it changes of this document in 1990 it was already noted that freedom of religion and conscience is guaranteed.

"On freedom of religion"

The law of the RSFSR, adopted in 1990, on December 25, is called “On Freedom of Religion.” The need for it was connected mainly with the religious diversity that has developed historically on the territory of our country. Orthodoxy, Protestantism, Catholicism, Buddhism, Islam, Judaism, as well as various sects of these and other religions that have their adherents, are specific faiths. At the same time, joining one or another of them is the realization of freedom of religion. That is, it means the right of citizens to choose a religious teaching, as well as the unhindered performance of rituals and cults determined by it. This freedom, therefore, is already freedom of conscience in content. In a subjective sense, as a human right, the concept of freedom of religion is equivalent to it.

The following components of freedom of religion can be distinguished: equality of all religions, as well as believers, and their equality before the law, non-discrimination of citizens on religious grounds, the ability to change religion, profess any of them, and perform various religious rites.

The relationship between freedoms of conscience and religion

Thus, we can conclude that freedom of conscience and religion are correlated as a specific and generic concept, as a particular and a general concept. Both of them assume that no authority - neither the clergy nor the state - has the right to interfere in the religious life of an individual.

Ensuring the protection of rights to freedom of religion

Let us note that every individual has the right to religious freedom. However, when using it, one must adhere to the moral principle of social and personal responsibility. The point is that civil society has the right to protect itself from possible abuses that arise under the guise of religious freedom. It is the responsibility of the civil authority to provide this protection. It is also entrusted with the primary responsibility to support and protect religious freedom by various means, including fair laws, as well as to ensure conditions favorable to the development of religious life in the country.

Law "On Freedom of Conscience and Religious Associations"

As we have already noted, in 1990 the law “On Freedom of Religion” was adopted. However, this is not the only federal law on freedom of conscience. Let's talk about another very important document.

In 1997, on September 26, the law “On freedom of conscience and religious associations” appeared. It consists of 3 sections. The first of them is general provisions, the second deals with religious associations, and the third deals with the conditions of activity and rights of religious organizations. The most important principles covered in the first section are:

1) Equality of citizens, regardless of their attitude to religion.

2) Equality before the law of religious organizations must be ensured.

3) The existence of special legislative acts that ensure the implementation of freedom of religion in the country, and also establish liability for violations of them.

4) The public education system is secular in nature.

In the 3rd article of this law you can find the principle of freedom of religion, that is, the right of any citizen to choose, disseminate and have any atheistic and religious beliefs, as well as act in accordance with them, but under one condition - the laws of our country must be observed. It is further clarified that equality does not allow for the restriction of rights or the establishment of certain advantages depending on a person’s attitude to a person’s religion. Inciting hatred or enmity in this regard and insulting citizens is also unacceptable.

Religious associations are thus separated from the state. This principle presupposes non-interference by its officials and bodies in issues that determine attitudes towards religion, as well as in the internal activities of various religious associations, of course, if it does not violate the laws of the country. Civil authorities should not finance religious organizations. The same applies to activities in the field of propaganda of various beliefs. Religious associations, in turn, cannot interfere in state affairs. They do not have the right to participate in elections of governing bodies and authorities, or to influence the activities of various political parties. However, servants of these organizations can participate in political activities, like other citizens and on an equal basis with them.

This law clearly states that public education is secular in nature. Access to it on its basis is provided to everyone equally, both non-believers and believers. Public education should not pursue the goal of forming one or another attitude towards religion. Consequently, religious preaching, catechesis, and teaching of the Law of God are unacceptable in educational institutions. Nevertheless, the presentation of the history of religion, as well as its role in the life of man and society, is not excluded. Atheistic propaganda and the deliberate and conscious formation of atheistic beliefs among students are equally unacceptable. Receiving religious education, as well as teaching the doctrine of a particular religion, is possible only on a non-state basis. Regional organizations for this purpose they can create specialized educational establishments, open groups for children and adults, etc. Similar rights are implied for atheist organizations, although they are not spelled out in the law. Must be expressed in general education programs a relationship of mutual respect and tolerance between citizens who profess and do not profess certain religions. Before the law, they are all equal, and none should enjoy restrictions or advantages. The state is neutral in matters of belief and faith.

The second section of this law regulates the right to religious activity and belief. Article 7 provides for the right to change, have and choose religious beliefs, to disseminate and express them in print, orally and in any other form, to perform impartially religious rites, to profess any religion, to voluntarily join and leave various religious associations. In Article 8 (the law "On Freedom of Conscience..."), the latter are defined as voluntary associations of citizens who have reached the age of majority, which are formed to exercise the right to freedom of religion. Article 11 of the law “On Freedom of Conscience and Religious Associations” states that they acquire the rights legal entity after registering their charter with the Ministry of Justice or its local bodies. Article 14 determines that the activities of a religious association can be terminated either by decision of the meeting of its founder or the congress that formed it, or in the event of its collapse (self-liquidation), or by a court decision.

Religious associations can also carry out charity and mercy, missionary activity, religious education and training, asceticism in monasteries, monasteries, etc., pilgrimage, as well as other types of activities corresponding to the doctrine and provided for by the regulations (charter) of this association. The third section regulates the financial and property legal relations of these organizations. The principles formulated in this law are enshrined in the Constitution of the Russian Federation.

Negative side of the law

The Federal Law "On Freedom of Conscience..." also has a negative side. It recognizes as a religious organization only one that has confirmation of its existence in this territory for at least 15 years, which was issued by local authorities; or a confirmation issued by the specified organization about its inclusion in the centralized religious organization. However, not all of them can prove their existence in this period today; it is also necessary to take into account the fact that the country had an atheistic policy until 1991, so many religious organizations arose quite recently. Therefore, there may be certain difficulties in registering a particular religious organization, and, consequently, a new manifestation of bureaucracy. We can also conclude that the law “On Freedom of Conscience and Religious Associations” actually lobbies for Orthodoxy, since for many years it was the only permitted religion in the country. A situation may arise in which, without recognizing other religious movements, local administration bodies may prohibit them with reference to the clause in it. Thus, it would be advisable to revise the legislation on freedom of conscience, since the Orthodox Church is developing a monopoly influence on society, and this limits freedom of religion. According to many representatives of the human rights movement, as well as a number of religious associations, this law is far from perfect. The Russian Helsinki Group, moreover, advocates its abolition. Its representatives believe that in this way freedom of conscience in Russia is violated.

However, this law, despite this, still operates to this day. The government of the Russian Federation has created and has been working for several years now to analyze proposals for its improvement coming from the regions of the country.

Positive trend

One of the positive trends in the development of the religious situation in our country is the protection of the rights of believers, as well as the continued improvement of laws. In particular, in pre-perestroika times there were many violations, but the courts and the prosecutor's office did not consider cases related to religion. From the 90s of the 20th century to the present day, many such cases have already been considered. In addition, the opportunity arose to amend the 1997 law through the Constitutional Court of the Russian Federation. The court has already returned to it several times and made appropriate decisions.

Thus, legislation is currently in the process of improvement. There are requests from human rights organizations and individual believers to amend the articles or to cancel them. True, there is a tendency that comes from some representatives of religious and public organizations and government agencies to revise the principle of the Constitution about the inadmissibility of an officially recognized church or religion in the country. We are talking, of course, about Orthodoxy. Some representatives of the clergy define him as “dominant” in the state. They point to a spiritual mentality, a large number of believers, and the construction of chapels and temples in state, and not just independent, institutions. Of course, there are problems, and solving them is the most important task facing society and the state.

New amendments to the law

On July 24, 2015, new amendments to the Federal Law “On Freedom of Conscience and Religious Associations” came into force. From now on, a religious group is considered a voluntary association of citizens that has notified the Department of the Ministry of Justice about its activities, and also provided information about its leaders, places of worship, and the basics of religion. In the previous version, it was not necessary to report the start of activity. Also, an end was put to the question of whether a license is needed when organizing catechesis courses, Sunday schools, etc. According to the new amendment to the Federal Law “On Freedom of Conscience and Religious Associations”, religious education and teaching religion are not educational activities, therefore, in the license not necessary.