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RIGHT FOR LIBERTY OF CONSCIENCE AND RELIGIONS AND CONDITION OF ITS RESTRICTION ON THE DOMESTIC LEGISLATION
In article authors specified that the right to liberty of conscience and religion concerns to the first generation of the rights - the right political and civil (personal). In this regard this right is natural, many persons perceive it as absolute and unlimited. Therefore restriction of this right is necessary because of need of protection of the rights and freedoms of other persons, and also safety of the state that is also in the international and domestic legal acts. Authors noted that for bigger control by public authorities of religions, nonconventional for the Russian Federation, it is necessary to develop criminological valid conclusions and to be guided by them for the ban of a certain religion. Now these public authorities experience a number of difficulties that leads, first, to inefficient state and social control, and secondly, to violation of realization of a right to liberty of conscience and religion. Authors paid attention to that fact that, since 90s of the XX century, in Russia there is spiritual and moral crisis of society. Authors considered the psychological factors capable to exert impact on the introduction of the person in adherents of a new religious trend in Russia, focused the attention that the name of Art. 239 «Creation of the non-profit organization encroaching on the personality and the rights of citizens» of the Criminal Code of the Russian Federation does not correspond to its contents. Therefore authors offered two solutions of a collision: 1) to change the name of the article of the Criminal Code of the Russian Federation as follows: «Creation or participation in religious, public association or the non-profit organization encroaching on the personality and the rights of citizens»; 2) to exclude act from p.1 in this article of the Criminal Code of the Russian Federation, having transferred it to other article of the Criminal Code of the Russian Federation and having made at the same time corresponding changes in the 3rd part of existing Art. 239 of the Criminal Code of the Russian Federation.
liberty of conscience; religious liberty; spiritual crisis; nonconventional religions; feelings of believers and atheists
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