Сибирское юридическое обозрение (Dec 2018)
Criminal and Legal and Administrative and Legal Ways of Protection of Constitutional Right on Freedom of Worship and Religionsby the Legislation of the Russian Federation and Some Countriesof the Commonwealth of Independent States
Abstract
In article the attention to features of a regulation of criminal and administrative responsibility for violation of the right to freedom of worship and religions by the legislation of the Russian Federation and some Countries of the Commonwealth of Independent States (The Republic of Kazakhstan, Ukraine and Republic of Belarus) is paid. It is specified that in the analyzed laws of these countries there is no uniform technical and legal approach of contents of articles belonging to protection of the right analyzed by us. Besides, administrative legal protection of the right to freedom of worship and religions is absent in the Code on Administrative Offences of the Republic of Kazakhstan and Ukraine. It is in turn emphasized that the domestic legislator from the Belarusian experience needs to adopt such sign at hindrance of activity of the religious organizations or holding a church service and other religious actions provided that their actions don't disturb the public peace and don't affect the right, freedoms and legitimate interests of citizens as in Russia various destructive religions the violating these rights of citizens work. Also from the Belarusian experience the Russian legislator should enshrine in the Code of the Russian Federation on Administrative Offences responsibility for involvement of the minor without the consent of parents or one of parents or persons them replacing to systematic participation in church services and other religious actions because take place when one of parents professes any religion, including destructive, and other parent tries to interfere with it.
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