Право на свободу віросповідання: судовий захист та деякі проблеми реалізації
The right to freedom of religion: the judicial protection and some implementation problems

Summary/Abstract: In terms of determining the course of European integrationand the declaration at the constitutional level objectives in Ukraine building legal,democratic state special importance is the issue of full and effective guarantee ofhuman rights, including freedom of religion. State ensure the implementation of saidfundamental right, among other things, much depends on the nature of relationsbetween the state and religious organizations, models and establishment ofrelationships, their regulation. Thus a leading role in ensuring the freedom of religionplaying courts. In addition, the recent events taking place in Europe (the terroristattacks in Paris, the introduction of increased level of terrorist threat in Brussels, etc.)led to the aggravation of interethnic and interreligious relations, set a new stage theproblem of balance of traditional European values (freedom of speech) rights ofreligious ( eg Muslim) minority.Recent research and publications analysis. To the analysis judicialguarantees the right to freedom of religion, in particular, such researchers applied asP. Rabinovich, S. Shevchuk, GL Sergienko, D. Vovk.Paper main body. The article deals with the problem of judicial protection ofthe right to freedom of thought and religion by means of domestic legal proceedings,as well as the European Court of Human Rights proved that religious organizations ascivil society institutions are autonomous entities and is therefore neither the state norits agencies or territorial communities or local authorities acting on their behalf, havethe right to determine at a central or local level priority or restrict this or that religion,to provide special protection and the legal status of a religious organization tointerfere with the due process of law activities of religious organizations and fundtheir activity, change their subordination in canonical and organizational matters ofany action in Ukraine and beyond religious centers (management).Conclusions of the research. national legislation on freedom of religion issufficiently liberal to determine the order of the constitutional right of citizens ofUkraine, determination of the legal status of religious communities and theirrelationship with the state. However, the administrative practice of state and localgovernment establishes many unjustified interference with the right of persons tofreedom of religion and belief, including the issues of internal activities of religiousorganizations. In addition, these actions of the authorities and certain legal provisionsinconsistent with the provisions of the Convention for the Protection of HumanRights and Fundamental Freedoms and the practice of the ECHR.

• Details
• Contents