The Law of Ukraine «On the Protection of the Constitutional Order in the Field of Activities of Religious Organizations»: Constitutional-legal, administrative-judicial procedural and theological aspects
Year: 2025
Type: article
Abstract: The scientific publication is devoted to the issues of regulating the issue of restrictions (bans) of the activities of certain religious organizations in Ukraine. The Law of Ukraine dated August 20, 2024 No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations” (hereinafter - the Law of Ukraine) is analyzed from the constitutional-legal, administrative-judicial procedural and theological aspects. Critical comments are provided on individual provisions of this law. It is established that the Constitution of Ukraine and the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - ECHR) allow for the possibility of restrictions on the exercise of freedom of conscience and religion if such restrictions are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. Emphasis is placed on the impossibility of banning individual religious organizations outside the judicial procedure. It is emphasized that only the court, administering justice, as well as implementing the control function, can establish the compliance of a religious organization with the criteria according to which the activities of such an organization may be limited (prohibited). Recommendations are provided for making amendments to the Code of Administrative Procedure of Ukraine, which will contribute to the effective consideration of cases on the termination of a religious organization. In particular, attention is drawn to the need to implement non-contentious procedures of administrative proceedings and to consider this category of cases according to a more simplified, but effective procedure (potentially within the framework of the control proceedings proposed by us in previous works). It is established that when considering a case defined in Art. 289-9 of the Code of Administrative Procedure of Ukraine, the administrative court exercises the function of monitoring compliance with legislation in the public legal sphere in order to protect the rights, freedoms and legitimate interests of individuals and the public. Amendments to Art. 289-9 of the Code of Administrative Procedure of Ukraine, which are aimed at ensuring that the consideration of this category of cases is effective, objective and quick.
Authors: O. O. Sukhovetskyi, L. I. Letnyanchyn
Institution: Yaroslav Mudryi National Law University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545304