In the modern world, there are an uncountable number of diverse religious movements. A civilized and humane society in which human rights occupy the highest level of priorities, proclaims freedom of religion. This means that every person has the opportunity to practice any religion that suits him, can carry out the appropriate rituals, and also change his attitude to beliefs at will. There is no doubt about the thesis that all religions are equal in rights, as are believers of all confessions. Unfortunately, laws are not enforced by all people. To protect religious freedom, the legislator has punished for violating it in Art. 148 of the Criminal Code of the Russian Federation.
The content of freedom of conscience and religion in the legislation of the Russian Federation
Religious issues are outlined in some regulatory documents of Russia. These freedoms are recorded in the country's main law - the Constitution, but they are contained there only as a general principle. The right to freedom of religion is detailed in other legislative acts of the state. So, to this day the Federal Law of September 26, 1997, fully devoted to this issue, is in force. Despite the fact that the preamble of this document recognizes the “special role of Orthodoxy” in national history, it is immediately indicated that the Federal Assembly adopted the provisions of this act, respecting not only Christianity, but also other religions.
The law contains several directions in protecting freedom of conscience and religion. The main ones include, firstly, the right not to tell anyone about one’s religion, to independently determine one’s attitude to religion, to participate or not to participate in rituals and ceremonies of a sacred nature. Secondly, the law establishes a ban on involving young children in such associations, contrary to their wishes and without the permission of their parents. Thirdly, this act lays the foundation for the punishability of obstruction of the exercise of religious rights. Fourthly, the confidentiality of confession is fixed in the provisions of this law.
Another document that contains norms on freedom of conscience is the Civil Code. This act classifies non-profit organizations (including religious ones) as subjects of civil legal relations, thus putting them on an equal footing with other public associations.
Object of crime
This criminal law category describes what caused damage as a result of an unlawful act. The object provided for by Art. 148 of the criminal law of, crimes are actually public relations, which ensure freedom of religion and conscience.
Injured
This category includes all those whose rights to freedom of religion were affected and violated as a result of the commission of an offense set forth in Art. 148 of the Criminal Code. The victims may be, firstly, individuals (for example, if a citizen is prevented from performing any sacred rites), and secondly, legal entities (when religious associations are pressured to completely stop their activities).
However, there are some nuances. So, only those organizations that are created in accordance with the provisions of the law can count on criminal legal protection.It should be borne in mind that the activity of religious communities aimed at changing state foundations, fomenting war, the creation of armed formations that pose a threat to the lives of both their members and the entire population of the country is prohibited in the Russian Federation.
Objective side
The article we are considering contains two whole corpus delicti. We turn first to part 1 of article 148 of the Criminal Code. Here, any public activity that offends people's religious feelings is an objective side. It can be expressed, for example, in a disrespectful response to any belief, in rude ridicule of certain religious truths, in the desecration of revered objects (icons, temples), in insulting people associated with their belonging to any denomination. Moreover, the activity that is provided for in paragraph 1 of Art. 148 as a crime, must be committed publicly - either in the presence of believers, or using the media, the Internet.
In addition, insulting religious feelings must necessarily express disrespect for society. This is expressed in the desire of the violator of the law to oppose himself to others, as well as to demonstrate to them his negative attitude. Part 2, Art. 148 of the Criminal Code provides for liability for the same act, but contains an aggravating sign, which acts as the scene of the atrocity. A tougher punishment will be the criminal who committed this crime in buildings that are specifically designed for religious ceremonies, rituals, as well as divine services. Now we turn to the second composition, which is enshrined in part 3 of article 148 of the Criminal Code. It already refers to the violation of the rights to freedom of conscience and religion of public associations, such as religious organizations.
The objective side of this crime is the unlawful obstruction of such communities in carrying out their activities. This article includes such actions as groundless closing of churches, damage to them, persecution of leaders, a ban on performing rituals, and celebrating the corresponding holidays. Article 148 of the Criminal Code in its part 4 provides for qualifying features of this composition. One of them is related in the objective side - this is a violent way.
Subjective side
This kind of crime can only be committed with direct intent. The criminal in such cases is aware of the danger of what he is committing, and at the same time he wants to bring his case to the end. Here the goal is also important - an insult to religious feelings.
Subject
For such a crime, any sane person over 16 years old can be brought to justice. Part 4, Art. 148 fixes one of the qualifying signs of this crime - the use by a person of his special position in connection with the service he performs.