ІНСТИТУЦІЙНІ МЕХАНІЗМИ ЗАПОБІГАННЯ ДИСКРИМІНАЦІЇ ЗА РЕЛІГІЙНОЮ ОЗНАКОЮ В УКРАЇНІ

Abstract

Principle of equality in realization of human rights is one of requirements of European Union to the countries, which wanted to become his member. There are 55 religious directions in Ukraine, because providing equal attitude topeople, who belongs to different religions, is actually issues. The anti-discrimination law is analysed in this article. There is given the notion which used in Ukrainian law. Facts of religious discrimination in Ukraine are considered. In opinions of experts, religious groups in Ukraine feel discrimination then, when they try to decide some property problems for example, getting land for building of cult buildings or returning of cult buildings. The author of the article thing, that the proved fact of religious discrimination in Ukrainian society are difficult process from such reasons: the most of physical and legal persons, who feel discrimination on the basis of religion, don't apply for court; 2) some persons can't prove, that it is religious discrimination; 3) sometimes the power interferes in process of deciding conflicts between different religious groups and consequently the question is decided in favour of religion, which they support; 4) also the judges don't have proper knowledge’s and experiences for determine facts of religious discrimination.According to Ukrainian legislation state authorities and public organizations defend freedom of religion in Ukraine. The Ministry of Culture of Ukraine and Ministry of Justice of Ukraine and Commissioner of the Supreme Council of Ukraine on Human Rights has most of all functions for prevention and counteraction religious discrimination. The author offers appointed Representative of Commissioner of Supreme Council of Ukraine on Human Rights, who will be counteraction discrimination on the basis of religion. Representative must create program of action for year and give a report to parliament about fulfil the plan.The program should including studies for judges, meeting with international specialists on religious discrimination. Such subjects as Supreme Council of Ukraine, Cabinet of Ministers of Ukraine, other state authorities, local authorities, public organizations, and physical and legal persons have to help The Representative of Commissionerof Supreme Council of Ukraine on Human Rights to make organizational measures for prevention and counteractionreligious discrimination. The Representative must create Internet page dedicated to discrimination on the basis onreligion. The page should include the following information: 1) international and national legislation about freedom of religion; 2) notion, kinds, forms of religious discrimination (also denote religion discrimination features in each area, for example, in employment, education, health care etc.); 3) documents and practice of European Union to prevent and counteraction discrimination on the basis of religion; 4) anti-discrimination law and his using in Ukraine; 5) statistic of facts religious discrimination in Ukraine 6) ways to protect against religious discrimination, including advices of lawyers, placement of sample documents, list of special institutions, which you can contact in case of need; 7) telephone number of a lawyer of Representative, who has duty to provide advice to persons, who submitted applications for the fact of religious discrimination; 8) list of agencies, institutions, organizations, that have dealing with protect against religious discrimination (name of the person, who is responsible for some questions, phone number, postal and e-mail).Besides state, the right to freedom of religion is provided NGOs, associations, research institutions, which analysing the situation in the sphere of religion and informing society about facts of breaking this right. There are listed the most of these organizations particular All-Ukrainian Council of Churches and Religious Organization. It is representative interfaith advisory organ, which includes 18 Churches and Religious Organizations (1 interchurch and religious organization), which together represent over 95% of the religious network and all major denominations Ukraine.The author considers that representatives of state authorities and public organizations, who prevented and counteracted discrimination on the basis of religion, should create a Commission of experts. Basic duty of Commission should be realization anti-discrimination expertise of current laws, projects of new laws and regulatory acts concerning freedom of religion.So, it is necessary to combine the efforts of all these organizations for providing principle of equality in realization of human rights in sphere in religion. In this way we can provide effective realization Ukrainian legislation concerning prevention and counteraction discrimination on the basis of religion.