FEATURES OF LEGAL REGULATION OF THE ACTIVITIES OF RELIGIOUS ORGANISATIONS AND THE RIGHT TO FREEDOM OF CONSCIENCE IN UKRAINE UNDER MARTIAL LAW

Abstract

The scientific article is devoted to analyzing the features of legal regulation of the activities of religious organizations and the realization of the right to freedom of conscience in Ukraine under martial law. The author analyses the main legislative changes in Ukraine during martial law aimed at ensuring national security, preventing the influence of religious organizations afiliated with a foreign religious organization whose activities are prohibited in Ukraine, and restricting their operations in accordance with international law, including the prohibition of the Russian orthodox church and the ideology of the «Russian world» in Ukraine.

The article examines the impact of the armed aggression of the russian federation against Ukraine on the state policy on freedom of conscience and the functioning of religious organizations in Ukraine, especially those religious organizations that are canonically and organizationally subordinated to the Russian orthodox church. The article explains the concept of a foreign religious organization under the current legislation of Ukraine. The author defines the criteria by which foreign religious organizations may operate in Ukraine, as well as the conditions for their prohibition. The provisions of the main laws in Ukraine are analyzed, in particular, the author focuses on the analysis of the decision of the National Security and Defence Council of Ukraine of 1 December 2022 «On Certain Aspects of the Activities of Religious Organisations in Ukraine and the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)» and the Law of Ukraine “On the Protection of the Constitutional Order in the Field of Activities of Religious Organizations», which sets out clear requirements for religious organizations that may have ties with a state that is recognized as having committed or is committing armed aggression against Ukraine and/or temporarily occupying part of the territory of Ukraine.

The article emphasizes the importance of maintaining a legal balance between ensuring the right of citizens to freedom of worldview and religion and protecting the national interests of the State in the context of the current challenges posed by the armed aggression of the Russian Federation against Ukraine and the imposition of martial law throughout the State, which provides for partial restriction of citizens’ rights.