Правовые аспекты обеспечения свободы личности в сфере религии

Abstract

We conduct research on a current problem that is relevant to legal science and practice – ensuring individual freedom in the context of increased interest in religion and the formation of a legal state in Russia. The latter term is considered in connection with such a legal phenomenon as the secular state. We denote the personal rights and freedoms of man and citizen in the religious sphere. We analyze and criticize the current state of freedom of conscience, the right to religious security, and the right of people studying in state and municipal educational institutions and organizations to receive knowledge about religion. It is shown that one of the exercise limits of conscience freedom is its moral criterion. The existing negative decline trends in the level of morality, culture, including legal culture, adversely affect the construction of Russian statehood. It is suggested that in such conditions the inclusion of a course on the foundations of the spiritual and moral culture of the peoples of the Russian Federation in the educational programs of schools and universities is justified. We focus on the requirements for voluntariness and alternative study of the named course. We propose to give them an equal character in terms of legal technology. The connection of freedom of conscience with the right to religious security is shown. In this context, the issue of establishing criminal liability for insulting the religious feelings of believing citizens is analyzed. We point out that with all the doubtful language used by the legislator to set for the disposition of the corresponding article of the Criminal Code of the Russian Federation, the enormous social significance of the amendments cannot be denied.