LEGAL FRAMEWORK FOR INTERACTION BETWEEN PUBLIC AND RELIGIOUS ORGANIZATIONS AND THE STATE
PDF/A

Keywords

Civil society organizations
State
CSIs
Religious institutions
Regulations

How to Cite

Terletskyi , R. ., Mykolaiets , A. ., Tsomra , V. ., Lehan , I. ., & Myroniuk , O. . (2023). LEGAL FRAMEWORK FOR INTERACTION BETWEEN PUBLIC AND RELIGIOUS ORGANIZATIONS AND THE STATE. Lex Humana (ISSN 2175-0947), 16(1), 53–66. Retrieved from https://seer.ucp.br/seer/index.php/LexHumana/article/view/2840

Abstract

It has been proven that the Law on Freedom of Conscience regulates the establishment of religious educational institutions, allowing only Republican and local religious organizations to do so following their charters and legislation. These requirements aim to enable state authorities to control the activities of religious educational institutions within the limits of the law. While the law affirms the secular nature of the state education system, it permits disciplines related to the study of the history of world religions, religious morality, ethics, and morals to be included in the curricula of state educational institutions. Teachers of these disciplines are responsible for teaching general education courses. The Law on Freedom of Conscience includes several norms that develop the mechanism of religious education. The Law stipulates that control over the activities of religious educational institutions should not only be exercised by public authorities during the licensing process, but also by the republican religious organization of the respective religion, which establishes expert councils. In this context, the author examines the obligations assumed by the state to guarantee freedom of conscience and religion while preserving the state's right to require every citizen to act within the framework of the law. Religious organizations established by citizens must comply with the requirements outlined in the Law on Freedom of Conscience. For an organization to be recognized as a religious organization, its constituent documents must address issues related to religion, worship, religious rites, as well as religious education and upbringing. A religious organization operates on a charter that is approved by its founders or a republican religious organization of the respective religion, and it must comply with the requirements of civil law. Therefore, it can be inferred that the interaction between state institutions and civil society institutions is crucial for the existence of a rule-of-law democratic state. Civil society institutions serve as partners of the state in the implementation of law-making, law enforcement, and law enforcement functions, and mutual trust is essential for effective cooperation. What is more, public initiative is the key to successful dialogue between the state and civil society institutions.

PDF/A

References

Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community, and their Member States, on the other hand (2023). Available at: http://www.kmu.gov.ua/kmu/docs/EA/00_UkraineEU_Association_Agreement_(body).pdf Accessed on: 27 July 2023.

Buriak, V. V. (2011). Global civil society and network revolutions. Simferopol: Diapi.

Code of Administrative Procedure of Ukraine on July 6, 2005 № 2747-IV (2023). Available at: https://zakon.rada.gov.ua/laws/show/2747-15?lang=en#Text. Accessed on: 27 July 2023.

Criminal Procedure Code of Ukraine on April 13, 2012 № 4651-VI (2013). Bulletin of the Verkhovna Rada of Ukraine, no. 9-10, 11-12, 13, art. 88.

European Governance: White Paper (2023). Available at: https://seer.ucp.br/seer/index.php/synesis/article/view/1376. Accessed on: 27 July.

Human rights in Ukraine (2007). Report of human rights organizations / ed. Ye. Zakharova, I. Rapp, V. Yavorskoho. Kharkiv, Prava liudyny, 528 p.

Information about the AUCCRO (2023). Available at: http://vrciro.org.ua/ua/council. Accessed on: 27 July 2023.

Koval I. V. (2005). Church in the system of public society institutions. State and law, 38, 703-709.

Lazor, K. P. (2012). Institutional and functional dimension of the interaction of politics and religion. Actual problems of politics, special issue, 44-52.

Minnerat, R. (2004). Church-state interactions, religious freedom and "proselytism". Religious freedom and human rights. Lviv, Svichado, T. 3, 377-393.

On alternative (non-military) (1992). Law of Ukraine of 12.12.1991. 1975-XII, Bulletin of the Verkhovna Rada of Ukraine, 15(188).

On Ensuring Public Participation in the Formation and Implementation of State Policy (2010). Resolution of the Cabinet of Ministers of Ukraine on November, 3(996). Available at: zakon.rada.gov.ua/laws/show/996-2010-п. Accessed on: 27 July 2023.

On Freedom of Conscience and Religious Organizations (1991). Law of Ukraine on April 23, 1991. No. 987-XII. Bulletin of the Supreme Soviet of the Ukrainian SSR, no. 25, p. 283.

On Public Associations (2023). Law of Ukraine on March 22, 2012 № 4572-VI. Available at: https://zakon.rada.gov.ua/laws/show/1402-19. Accessed on: 27 July 2023.

On social and legal protection of military personnel and members of their families (1992). Law of Ukraine on December 20, 1991 № 2011-XII. Bulletin of the Verkhovna Rada of Ukraine, 15. Art. 190.

On the Strategy of the State Policy of Promoting the Development of Civil Society in Ukraine and Priority Measures for its Implementation: Decree of the President of Ukraine on March 24, 2012 № 212/2012 (2023). Available at: http://zakon3.rada.gov.ua/laws/show/212/2012. Accessed on: 27 July 2023.

Political science for teachers: education (2011). Manual for students Pedagogical universities. On behalf of M. P. Drahomanova, Kyiv, 406 p.

Politology (2003). The second edition, revised and supplemented by the scientific editorship of A. Koloda. Keiv, 664 p.

Resolution 1556 of the Parliamentary Assembly of the Council of Europe "Religion and Change in Central and Eastern Europe" of 24.08.2002 (2002). Available at: http://www.irs.in.ua/index.php?option=com_content&view=article&id=93:1&catid=43:eu&Ite mid=70&lang=ru

Selezhan Y. Yu. (2005). Fundamentals of national education (Ukrainian studies: historical, philosophical and religious aspects), Chernivtsi, Knyhy-KhKhI, 306 p.

Serhiienko H. L. (2004). The role of constitutional and legal regulation of relations between the state and religious organizations in guaranteeing freedom of religion in Ukraine. 209 p.

Shaihorodskyi Yu. Zh. et al. (2011). Government and society: dialogue through public councils: monograph. Kyiv: Palivoda A. V.

Stadnichenko, O. (2004). Religion. A place in the construction of civil society. Viche, 12(153), 66-69

The Civil Procedure Code of Ukraine on March 18, 2004 № 1618-IV (2004). Bulletin of the Verkhovna Rada of Ukraine, 40-41, art. 492.

The Constitution of Ukraine, adopted at the fifth session of the Verkhovna Rada of Ukraine on June 28, 1996. Bulletin of the Verkhovna Rada of Ukraine, 30, art. 141.

The Criminal Executive Code of Ukraine on July 11, 2003 № 1129-IV (1992). Bulletin of the Verkhovna Rada of Ukraine, 15, 190.

Vovk, D. O. (2008). Law and religion. Theses PhD: 12.00.01. Kharkiv.

Yelenskyi, V. (2003). Nation and religion: Ukraine. Humanity and the world, 6, 39-48.

Zaichuk, O. V., Onishchenko, N. M. (2006). Theory of the state and law. Academic course. Kyiv.

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Copyright (c) 2023 Lex Humana (ISSN 2175-0947)

Downloads

Download data is not yet available.