СВОБОДА ВІРОСПОВІДАННЯ ТА ПРАВОВА РЕЛІГІЙНА ТОЛЕРАНТНІСТЬ: СПІВВІДНОШЕННЯ ПОНЯТЬ В АСПЕКТІ ДЕРЖАВНОГО ГАРАНТУВАННЯ ТА ПРАКТИЧНОЇ РЕАЛІЗАЦІЇ

Abstract

The article proposes to improve using of the concepts "freedom of religion" or "freedom of faith" and "legal religious tolerance". Such categories as "freedom of religion" or "freedom of faith" are more popular now in the state and international legal acts. The application of hermeneutic, comparative, historical, formal legal and dialectical methods of scientific research allows concluding that the term "legal religious tolerance" is better suited to the realities of the legal system than the concept of "freedom of religion" or "freedom of faith". The content of the concept of "freedom of religion" as one of the main categories of human rights and freedoms enshrined in international acts and in the legislation of the most states of the Western Legal Tradition is based on the philosophical ideas of the early modern period. Despite the humanity and the enlightening liberality of those ideas, they remain too idealized and complicated in their practical legal application. The legal content of the concept of "religious tolerance", with all the disadvantages of its vagueness, due to its hermeneutic flexibility leaves much more space for the practical law enforcement. The categories of "state religion" and "religion of the majority population" are supposed to exist. It does not require absolute detachment of public authorities from regulating religious relationships. Moreover, it mitigates collisions between the application of this right and other civil rights. The author states that using of the legal category of "religious tolerance" is much more suitable. Since its content is in line with the canons of the religious laws of the different religions, natural law, and the historical legal tradition of the long development of society, the concept of "religious tolerance" should be used for the regulation of the religious legal relations in the states with different religious communities.