FREEDOM OF CONSCIENCE AND FREEDOM OF RELIGION AS AN OBJECT OF CRIMINAL LAW PROTECTION

Abstract

The article examines the features of the concepts of “freedom of conscience” and “freedom of religion” as objects of criminal law protection in criminal offenses related to the realization of the religious needs of the individual. It is stated that there are two terms in legal use that can act as public relations that constitute the object of criminal law protection in criminal offenses related to the implementation of a person's religious needs (religiously motivated) – these are “freedom of conscience (worldview)” and “freedom religion”. Freedom of conscience is a natural right to free self-determination of an individual in the philosophical, political, moral-ethical, aesthetic and other spheres of life, as well as the possibility of an unhindered choice of worldview both for one's own self-determination and self-affirmation. Freedom of conscience (worldview) is based on the recognition of human dignity, respect for his spiritual sovereignty, free worldview and spiritual choice. After all, freedom of conscience includes all the variety of forms of systems of worldview orientation, worldview freedoms, and freedom of religion should be considered as an integral part of freedom of conscience (worldview). However, at the same time, freedom of conscience (worldview) is a rather generalized, philosophical, ethical concept, poorly adapted for use in law enforcement practice. From the point of view of the possibility of using this concept in criminal law theory and practice, freedom of religion is a legislative guaranteed right of an individual freely, without external coercion to choose, profess any religion, freely change his religious preferences, satisfy his religious needs, and carry out other cult actions in accordance with their religious orientation. Freedom of religion gives the right not only to choose any religion, but also not to choose any. That is, the right to choose also presupposes the right to refuse a choice. Obstruction of the implementation of the above needs, including those religiously motivated, constitutes the essence of the public danger of such a criminal offense as that provided for by Article 161 of the Criminal Code of Ukraine.