The right to freedom of religion: the judicial protection and some implementation problems

Abstract

In terms of determining the course of European integration
and the declaration at the constitutional level objectives in Ukraine building legal,
democratic state special importance is the issue of full and effective guarantee of
human rights, including freedom of religion. State ensure the implementation of said
fundamental right, among other things, much depends on the nature of relations
between the state and religious organizations, models and establishment of
relationships, their regulation. Thus a leading role in ensuring the freedom of religion
playing courts. In addition, the recent events taking place in Europe (the terrorist
attacks 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 the
problem of balance of traditional European values (freedom of speech) rights of
religious ( eg Muslim) minority.
Recent research and publications analysis. To the analysis judicial
guarantees the right to freedom of religion, in particular, such researchers applied as
P. Rabinovich, S. Shevchuk, GL Sergienko, D. Vovk.
Paper main body. The article deals with the problem of judicial protection of
the 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 as
civil society institutions are autonomous entities and is therefore neither the state nor
its agencies or territorial communities or local authorities acting on their behalf, have
the 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 to
interfere with the due process of law activities of religious organizations and fund
their activity, change their subordination in canonical and organizational matters of
any action in Ukraine and beyond religious centers (management).
Conclusions of the research. national legislation on freedom of religion is
sufficiently liberal to determine the order of the constitutional right of citizens of
Ukraine, determination of the legal status of religious communities and their
relationship with the state. However, the administrative practice of state and local
government establishes many unjustified interference with the right of persons to
freedom of religion and belief, including the issues of internal activities of religious
organizations. In addition, these actions of the authorities and certain legal provisions
inconsistent with the provisions of the Convention for the Protection of Human
Rights and Fundamental Freedoms and the practice of the ECHR.