Freedom of Conscience and Religion as an Object of Criminal Law Protection: The Problems of Theory, Legislation and Law Enforcement Practice

Abstract

The relevance of the paper is associated with a poor theoretical framework and
insufficient elaboration of many methodological and procedural questions of the
freedom of conscience and religion under the contemporary conditions of Russia. With
regard to this, the paper presents a number of general and particular problems of
theory, legislation and practice of enforcement thereof pertaining to the criminal
liability for crimes against the freedom of conscience, religion and interfaith consent.
In Russia which is a multi-religious and multi-national country just like in the entire
world, the current situation in freedom of conscience and freedom of religion is
characterized as a crisis one, needing a way out as the right for the freedom of
conscience and freedom of religion is one of the basic human and civil rights, the
enforcement of which playing the pivotal part in the question of human rights as a
whole. Disregarding the said right turns such notions as the “state of law” and “civic
society” fictitious. The paper views questions associated with the freedom of
conscience and religion as an object of criminal law protection: the problems of theory,
legislation and law enforcement practice. The aspects of deliberately provocative
actions against not only the religious feelings of believers but also the moral principles
of the society as a whole have been revealed and analyzed in the work. The materials
of the paper are of practical value for specialists in criminal law, social work, for higher
education institution students, as well as to everyone interested in the problems of
youth.