Freedom of conscience and freedom of religion. Constitutional rights of citizens of the Russian Federation

Each state can be characterized by the degree of freedom of its citizens. To date, this principle is key in the process of many countries. However, there were times when personal freedom simply did not exist. In this case, the life of a person was subjected to strict regulations by the state authorities. Of course, this state of affairs did not suit anyone. Therefore, the period of modern times is considered revolutionary. Since people start an active struggle for their rights and freedoms. This period to some extent continues to this day. But in the 21st century, the rights and freedoms of people in many states are secured and maintained.

The Russian Federation in this matter is no exception. Everyday life of its citizens is based on the constitutional principles worked out and confirmed by years. At the same time, 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 regulatory 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, above all, constitutional legal provisions or 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 plays out the basic law. It is he who gives life to the categories presented. It is necessary to note the importance of the Constitution. It is an act of higher legal force, which fixes the 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 a particular sphere. If we are talking about human rights and freedoms, then without exception , all NAPs issued on issues of this sphere should not violate the constitutional opportunities of society, which include freedom of conscience and freedom of religion.

Principles of constitutional personality status

Human activities in all cases should be carried out within the law. Everything that goes beyond the established borders will be an offense. The main provisions that regulate human activity are the constitutional principles. They show the range of opportunities that each of us possesses. At the same time, constitutional principles 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 way the main provisions of the main law. Among these principles are: equality, freedom of speech, alienation of rights, non-restriction of rights, guarantee of powers, freedom of conscience and freedom of religion.

What is freedom of faith and conscience?

The current legislation of the RF establishes a set of 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 above concepts are. Despite the fact that the presented capacities of individuals are represented in a single constitutional norm, they are completely different legal constructions. In accordance with this, one can distinguish their concepts. Freedom of conscience is an opportunity to have any kind of beliefs 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 right. 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 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 an unlimited opportunity to be a follower of any religious belief. In addition, this principle protects the rights of subjects. After all, according to him, no one can oppress their religious views, etc. Given the features presented, it can be said with certainty that freedom of conscience and religion is absolutely different concepts.

History of the formation of principles

The development of freedom of religion and conscience has been going on for a long time. The latter principle was born at the time of the European Reformation. The ideologists of this movement argued that the Catholic Church with its convictions and hierarchy is absolutely not necessary 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. Undoubtedly, the UN Declaration on Human Rights has a key significance in this list. It is the main international legal act that consolidates the presented principle. With regard to freedom of religion, for a long time this situation developed as part of the opportunity to have one's convictions. However, the scientists found out that already in ancient Rome there were makings of the principle of freedom of religion. In addition, the English Act of Tolerance, the provisions of the Warsaw Conference, the Russian decree "On the Strengthening of the Inception 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 normative acts that regulate the issues mentioned in the article. According to the existing normative system, the submitted questions are coordinated by the provisions of different legal spheres, namely:

• Provisions of the Constitution;
• The Civil Code of the Russian Federation;
• Corresponding federal legislation.

First of all, Russian legislation on freedom of conscience and religion is fixed at the level of the Constitution, namely in article 28. According to its provisions, everyone is guaranteed the right to own 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 the appropriate nature.

FZ "On Freedom of Conscience and on Religious Associations"

As it was mentioned earlier, in the Russian Federation there are corresponding legislative acts regulating civil powers in the sphere 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 consolidates in itself specific forms of guaranteeing freedom of conscience. Its operation 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 law also regulates the activities of such an interesting subject as religious associations.

Features of associations of a religious nature

The introduced 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 own formations for the general preaching of a certain faith. In addition, a religious association is considered as such if it exists for the following purposes, namely:

- the performance of rites and ceremonies;

- religious instruction;

- 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 of the realization of freedom of conscience and religion

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

• Freedom of conscience and religion can not be restricted by anyone, the exception is state necessity;
• There can not be any advantages or discrimination in religion;
• People may not report their religious affiliations;
• Confession is protected by law and is a secret.

In addition, the federal law "On Freedom of Conscience and on Religious Associations" also has a number of guarantees. Most of the provisions of the normative act are repeated constitutional, but there are some features. For example, according to the Law, a person can change military service to an alternative service 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 the responsibility of a different sectoral focus. In this case, the very important role is played by the violation of the right to freedom of conscience and freedom of religion and the negative consequences that it causes. The first provision on responsibility is enshrined in the Constitution, namely, in Part 5 of Article 3. According to its norm, activities aimed at hindering the realization by man of the right to freedom of conscience and religion associated with the use of violence are pursued by federal legislation. In accordance with this rule, there are forms of administrative and criminal liability. In the first case, the offense is stipulated in Article 5.26 of the Code of Administrative Offenses of the Russian Federation. With regard to criminal liability, then the main role is played by the norm of article 148. It pursues an activity that aims at hindering or violating the right to freedom of conscience and freedom of religion.

Separation of church and state

Freedom of conscience and religion is quite ambiguous in states where the church is not separated from political power. In such countries, the principles presented in the article are, in fact, identical. An example of this can be called sharia, which is based on both legal and religious provisions. Thus, in a state where the church is also a political force, the fundamental human freedom of conscience and religion is not actually ensured. 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, religion. In conclusion, it should be noted that these principles are an important element on the road to building a new European society that will not be trapped by ideological prejudices.