Each state can be characterized by the degree of freedom of its citizens. Today it is a key principle in the activities of many countries. However, there were times when personal freedom simply did not exist. Moreover, human life was subject to strict regulation by state authorities. Of course, this state of affairs did not suit anyone. Therefore, the period of the New Time 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 secured and supported.
The Russian Federation is no exception in this matter. The daily life of its citizens is based on the constitutional principles developed and confirmed over the years. Moreover, the provisions on freedom of conscience and religion are of great importance. They guarantee fundamental human rights, as well as directly affect his life. But freedom of conscience and freedom of religion are not only separate norms of the basic law, but a whole system of normative regulation of specific legal relations in society.
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 the principles on the basis of which the life of the individual and society of the Russian Federation as a whole is built. In this case, the key law is the fundamental law. It is he who gives life to the categories presented. The Constitution is an act of higher legal force, which enshrines the provisions on the political and legal structure of the country. The principles of the Constitution are also of supreme power and are the basis for rule-making in each individual area. If we are talking about human rights and freedoms, then, without exception , all normative legal acts should not violate the constitutional possibilities of society, which include freedom of conscience and freedom of religion.
Principles of constitutional status of an individual
Human activities in all cases should be carried out within the framework of the law. Anything that goes beyond the boundaries created will be an offense. The main provisions that govern human activities are constitutional principles. They show the range of opportunities that each of us possesses. At the same time, constitutional principles relate to different areas 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 classical and in some ways the main provisions of the main law. These principles include the following: equality, freedom of speech, non-restriction of rights, guarantee of competencies, freedom of conscience and freedom of religion.
What is freedom of conscience and religion?
The current legislation of the Russian Federation establishes many key principles for the life of the population. In addition, the Constitution, as we know, guarantees freedom of conscience, freedom of religion. In most cases, people do not understand what the concepts are. Despite the fact that the opportunities presented for individuals are presented in a single constitutional norm, they are completely different legal structures. Freedom of conscience is the ability to have any kind of belief that no one can influence. And freedom of religion is an opportunity to profess 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 competency. It was believed that the terms are 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 the full right to criticize the current government, legislation, the state of the economy, etc. When we talk about religious freedom, we have in mind an unlimited opportunity to be an adherent of any religious belief. In addition, this principle protects the rights of entities. Indeed, in accordance with it, no one can be oppressed for their religious views, etc. Given the features presented, it is safe to say that freedom of conscience and religion are completely different concepts.
The history of the formation of principles
The development of freedom of religion and conscience has been going on for a long time. The last 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 Bill of Rights and the Declaration of Human Rights, which was invented in France. Of course, the UN Universal Declaration of Human Rights is of key importance in this list. It is she who is the main international legal act that reinforces the principle presented. With regard to religious freedom, for a long time this situation has developed as part of the ability to have one’s beliefs. However, scientists found that already in ancient Rome there were makings of the principle of religious freedom. In addition to this, the English Act on Tolerance, the provisions of the Warsaw Conference, the Russian decree "On Strengthening the Beginnings of Tolerance", the abolition of the Pale of Settlement in the Russian Empire, etc., also contributed to its formation.
Russian legislation on freedom of conscience and religion
If we talk about our state, then today it has developed a whole system of relevant regulations that govern the issues mentioned in the article. According to the existing regulatory system, the issues presented are coordinated by the provisions of various legal areas, namely:
- provisions of the Constitution;
- Civil Code of the Russian Federation;
- relevant federal law.
First of all, Russian legislation on freedom of conscience and religion is enshrined at the level of the Constitution, namely article 28. According to its provisions, everyone is guaranteed the right to have their own beliefs, etc. Moreover, freedom of religion is characterized by the fact that a person is given the opportunity to freely choose disseminate beliefs of an appropriate nature.
Federal Law “On Freedom of Conscience and Religious Associations”
As mentioned earlier, in the Russian Federation there are relevant legislative acts that govern civil powers in the field of religion and internal ideology. Such is the Federal Law "On Freedom of Conscience and on Religious Associations." After the Constitution, this act can be called the main coordinator of the 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 permitted. It should be noted that the said law also regulates the activities of such an interesting entity as religious associations.
Features of religious associations
The presented law on freedom of conscience contains the norms that govern the activities of certain social groups. These are religious associations. Similar formations are voluntary groups. At the same time, participants in associations must constantly reside in 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:
- the performance of rites and ceremonies;
- religious education;
- confession of faith, etc.
At the same time, the activities of religious associations can be stopped by decision of the relevant state 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 enshrine a number of provisions that ensure the human rights referred to 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 restricted by anyone, except for state necessity;
- there can be no advantage or discrimination in religion;
- people may not report 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. For the most part, the provisions of the normative act are repeated constitutional, but there are some features. For example, according to the Law, a person can exchange military service for alternative, 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 is manifested in responsibility of a different industry focus. Moreover, the violation of the right to freedom of conscience and freedom of religion and the negative consequences that it causes play a large role. The first provision on liability is enshrined in the Constitution, namely, in part 5 of Article 3. According to its norm, activities aimed at preventing a person from exercising his right to freedom of conscience and religion, associated with the use of violence, are prosecuted by federal law. In accordance with this rule, 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 Administrative Offenses of the Russian Federation. With regard to criminal liability, the rule of article 148 plays the main role here. It pursues 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 is rather ambiguous 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, 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. An 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 violation of natural human rights.
Conclusion
So, in the article we tried to consider constitutional rights, freedom of conscience, religion. In conclusion, it should be noted that these principles are an important element on the path to building a new European society, which will not be constrained by ideological prejudice.