Freedom of religion: limits of state intervention in the legal regulation of religious relations in Ukraine

Abstract

The article is devoted to the issue of criminal law protection of freedom of religion. In particular, by clarifying the compliance of the provisions of the current criminal legislation of Ukraine with international standards and modern global trends, the article considers the issue of the limits of state interference in religious relations in Ukraine during the special legal regime of martial law. The question is raised as to whether a citizen’s refusal to fulfill their duty to defend their country due to religious beliefs can be considered a violation of current criminal law and whether such a person should be subject to criminal liability for evading military service. It also asks whether the ban on the activities of the so-called Ukrainian Orthodox Church of the Moscow Patriarchate can be considered a violation of the right to freedom of religion. The question is raised about the relationship between these prohibitions and the state’s obligations to guarantee the right to freedom of religion. It is argued that these prohibitions are an extreme, necessary measure on the part of the legislator, the purpose of which is primarily to protect the national interests of Ukraine in the context of a full-scale invasion of our state by the Russian Federation. At the same time, it is noted that regardless of the validity of these restrictions, they are recognized as violating, to a certain extent, the right of individuals to freedom of religion. It is stated that in the context of Ukraine’s European integration processes, this may have negative consequences. Therefore, there is an urgent need to rethink these approaches and bring the current criminal legislation into line with international standards in the field of human and civil rights and freedoms, in particular, guarantees of freedom of religion. One of the steps proposed is a return to the institution of alternative (non-military) service, with a simultaneous change in approaches not only to the content of such service, but also to the specifics of its performance.