Конституционное (государственное) право Российской Федерации. Свобода совести и вероисповедания в РФ. Основы правового статуса религиозных объединений (самое важное)

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Конституционное (государственное) право Российской Федерации. Свобода совести и вероисповедания в РФ. Основы правового статуса религиозных объединений (самое важное)

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27. FREEDOM OF CONSCIENCE AND RELIGION IN THE RUSSIAN FEDERATION. BASES OF THE LEGAL STATUS OF RELIGIOUS ASSOCIATIONS

The Constitution of the Russian Federation in Art. 28 establishes that everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.

Freedom of conscience and religion belongs to all persons legally located on the territory of the Russian Federation, and does not depend on the nationality of a person.

It is not allowed to establish advantages, restrictions or other forms of discrimination depending on religious beliefs, with the exception of cases established by federal laws and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of a person and citizen, ensuring the defense of the country and the security of the Russian Federation.

Citizens of the Russian Federation are guaranteed the right to replace military service with alternative civilian service if military service is contrary to their beliefs or religion.

Freedom of conscience and religion includes:

1) the right of a person not to disclose his attitude to religion, to freely participate in the performance of religious rites;

2) the right to freely exercise one’s right to freedom of conscience and religion; it is not allowed to force anyone to profess a particular religion through the use of violence, damage to property or threats of similar actions;

3) the right to confidentiality of confession.

The Russian Federation is a secular state. Therefore, no religion can be established as state or compulsory. In the Russian Federation, discrimination based on belonging to a particular religion is not allowed. The Constitution of the Russian Federation enshrines the principle of separation of the state from the church, i.e. religious associations are separated from the state and are equal before the law.

In accordance with this principle, the state has no right:

1) interfere in a citizen’s determination of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child’s right to freedom of conscience and freedom of religion;

2) impose on religious associations the responsibilities of state authorities, other state bodies, state institutions and local government bodies;

3) interfere in the activities of religious associations, if those activities do not contradict the constitutional system of the Russian Federation;

4) introduce religious education as compulsory education in state and municipal educational institutions.

Religious associations of citizens, if their activities do not violate the constitutional foundations of the Russian Federation, act on an equal basis with other public associations in public relations, with the exception of participation in:

1) exercising the powers of state authorities, other state bodies, state institutions and local government bodies;

2) elections to state authorities and local self-government bodies;

3) the activities of political parties and political movements, providing them with material and other assistance.

Author: Kakovkina Ye.N.

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