Civil and legal principles of the exercise of personal nonproperty rights by religious organizations

Abstract

The article provides a thorough analysis of the legal basis for the exercise of certain personal non-property rights of religious organizations, taking into account modern challenges. The position that there is no need to clearly define the system of rights of religious organizations, but on the contrary, to leave the list open with simultaneous regulation of the criteria for limitingthe rights of religious organizations by the state, is substantiated.Some aspects of the exercise of the right to name by a religious organization have been studied. The practice of enshrining in the charters of religious organizations information about the type of religious organization, its religious affiliation and location was analyzed. It has been proven that the introduction of changes to the legislation in 2018 was justified, according to which religious organizations had to make changes to their names, which should reflect affiliation to a religious association outsideof Ukraine, in a state that carried out military aggression against Ukraine and or temporarily occupied part of its territory.
 The rights of religious organizations to carry out religious activities, to participate in public life, and to use mass media were analyzed. Particular attention is paid to the practice of resolving disputes between religious organizations regarding theirexercise of the right to hold religious services and religious ceremonies in a religious building claimed by several religious organizations. When resolving such disputes, the courts adhere to the principle of equality and non-discrimination, granting the alternate right to conduct religious services and religious ceremonies to each religious organization. The judicial practice in the issue of resolving disputes when a religious organization changes its subordination in canonical and organizationalmatters is analyzed.It is substantiated that the exercise of personal non-property rights of religious organizations in the conditions of the war with the russian federation became particularly acute, including regarding the name, as well as changing the subordination of the religious community in canonical and organizational matters, re-election of governing bodies, etc.