ПОЛІТИКО-ПРАВОВА МОДЕЛЬ ДЕРЖАВНО-ЦЕРКОВНИХ ВІДНОСИН ЯК ОСНОВА РЕГУЛЮВАННЯ ВЗАЄМИН МІЖ ДЕРЖАВОЮ І РЕЛІГІЙНИМИ ОРГАНІЗАЦІЯМИ

Abstract

The author shows that a specific type of political-legal model of state-church relations plays a decisive role in the process of regulating relations between the state and the church in the historical-legal context, since it determines the content and form of such relationships. It is shown that three primary typological models have formed the basis for relations between the state and the church during the history of the mankind: the unitary model (the state structures are subordinated to the church); the so-called "two swords" model (relations between the state and the church are recognized as parity relations between autonomous institutions); and the trinitarian model (a clear separation of functions between the state and the church). Other models of such relationships present in society are derivatives of the above-mentioned ones. The essence of political and legal types of models of state-church relations existing in the world are analyzed. The principles are described and the necessity to develop a cooperative model of state-church relations in the state and to formalize in legislation is substantiated. The content of the models that took place in the history of Ukraine (the Kyiv-Rus model, the Kozak-Mohyla model and the model of coexistence of the church with the communist authorities) is described. It is pointed out that the basic component of the existing Ukrainian model of state-church relations is that the state and the Church are defined as equal subjects of state-church relations. Therefore, each of them acts within its specific competencies, mutually supporting each other in matters concerning the jurisdiction of these social institutions. It is argued that, at the same time, religious organizations operate in the legal field of the state, and the latter does not interfere in the affairs of the Church. Thus, freedom of conscience in the country is ensured and this creates favorable conditions for religious organizations. In conclusion, the author points out that in recent years Ukraine has not only theoretically developed cooperative models of interaction of the state with religious institutions and organizations, but also carried out practical measures for their implementation.