Foreign experience of criminal liability for obstructing the performance of religious rites

Abstract

The article is devoted to a comprehensive comparative legal analysis of international and national legislation regulating criminal liability for obstruction of the performance of religious rites as an integral component of the fundamental human right to freedom of religion. The relevance of the study is обусловлена the need to ensure an adequate level of criminal law protection of this right in the context of contemporary challenges, including the growth of religious tensions, conflicts, and various forms of discrimination based on religion. The paper identifies key international legal acts in the field of human rights, as well as acts of national legislation of Ukraine, which regulate the human right to freedom of religion. In particular, its part is the norms of criminal law that establish responsibility for preventing the performance of religious rites. It is substantiated that international standards enshrine general guarantees of freedom of religion and the prohibition of discrimination, while national legislation specifies these provisions by establishing the elements of criminal offenses and determining responsibility for their commission. Particular attention is paid to the analysis of foreign experience in the criminal law protection of freedom of religion, based on the legislation of selected European states. It is established that in most countries, criminal law provisions aimed at protecting freedom of conscience and religious feelings are characterized by a higher degree of detail and differentiation compared to Ukrainian legislation. Based on the conducted analysis, it is argued that Article 180 of the Criminal Code of Ukraine contains a number of evaluative and insufficiently specific formulations, which complicates its practical application and creates prerequisites for inconsistent interpretation. In this regard, the necessity of improving criminal law provisions through clarification, specification of the elements of the offense, and consideration of positive foreign experience is substantiated.