ГОСУДАРСТВО И РЕЛИГИЯ: ИСТОРИЧЕСКИЕ И СОВРЕМЕННЫЕ ПРОБЛЕМЫ ВЗАИМОДЕЙСТВИЯ

Abstract

The continuous process of globalization of society throughout the world inevitably affected both the law and religion. At the same time, modern science pays insufficient attention to the principle of independence of these important social spheres, therefore this problem remains insufficiently investigated. In addition, the relevance of the topic is determined by many disagreements arising throughout relations between the state and religious associations in the framework of implementation of such an important constitutional principle as a secular state. The article discusses the main features and interoperability problems of law and religion from the time of Martin Luther to the present day; various approaches to the concept of “secular state” are outlined, key philosophical thoughts about its characteristics are analyzed, problems of the development of the presented ideas are indicated, as well as the possibility of this principle implementation is demonstrated. Exploring the signs of a secular state, the author focuses on the principles enshrined in the Constitution of the Russian Federation. First of all, it is referred to the Article 14 of the Constitution stating that no religion can be established as a state one. This is a dominant feature key to all characteristic features of a secular state, since it limits the influence of the state on religious associations as well as their influence on the state. Through this sign, the freedom of religion is guaranteed, which is an individual matter of each person. This secular sign also determines the separation of religious associations from the state (part 2, Article 14 of the Constitution of the Russian Federation); in this regard they do not perform functions of public authorities, do not participate in elections and cannot nominate candidates for elected office. Nevertheless it doesn’t mean that the state does not interact with religious organizations. It assists in charity, cultural and educational activities of churches, implements legal regulation and provides tax and other benefits to religious organizations. Such support exceeds the limits of religious boundaries, representing social value.