LEGAL GUARANTEES OF FREEDOM OF CONSCIENCE AND RELIGION IN UKRAINE

Abstract

The article identifies the main Ukrainian and international legal acts, which enshrine legal guarantees of freedom of conscience and religion. In particular, these rights are guaranteed by the European Convention on Human Rights, the Universal Declaration of Human Rights and Freedoms, the UN Charter, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and a number of other acts. The legal consolidation of the rights of freedom, conscience and religion in the Constitution of Ukraine and the Law of Ukraine "On Freedom of Conscience and Religious Associations" is considered, the bodies responsible for normative-legal and legislative regulation of legal provision of freedom of conscience and freedom of religion in Ukraine are determined. It was found that the mechanism of protection of freedom of conscience and freedom of religion is a system of effective legal means of implementation, protection and defense of freedom of conscience and freedom of religion in general and its individual elements (opportunities) enshrined in the laws of a particular state. The assessment of normative legal acts showed that the issues of uncertainty in the conceptual apparatus used in the regulation of the religious sphere remain unresolved; uncertainty in the subjects of religious relations, their rights and responsibilities; unequal legal status of religious groups and religious organizations; the degree of state intervention in state-church relations. The concepts and elements of the mechanism of legal provision of freedom of conscience and freedom of religion of the person in Ukraine are defined.The criteria for classification of legal remedies for freedom of conscience and freedom of religion, which include national remedies and public institutions, are analyzed. It is concluded that the state policy in the field of protection of freedom of conscience should be aimed at finding an effective organization of the system of public administration and control. To this end, it is necessary to specify and clearly delineate the powers of public authorities of Ukraine and public authorities, officials and specialists of various bodies of public administration, control and supervision in the field of protection of freedom of conscience.