freedom of conscience

This article analyzes the possibilities for exercising the right to freedom of thought, conscience, and religion in Ukraine during martial law. It emphasizes that although Ukraine is a secular state with constitutionally enshrined separation of church and state, this does not negate its obligations to ensure this right. On the contrary, the secular nature of the state requires a set of legal and organizational measures to guarantee everyone’s right to freedom of belief.

The article characterizes the peculiarities of the functioning of judicial bodies as subjects of the system of administrative and legal guarantee of the activity of religious organizations in Ukraine. Implementation by judicial bodies of administrative and legal guarantees of the activities of religious organizations is carried out by the system of courts of general jurisdiction, administrative courts, and the Supreme Court of Ukraine, acting on the same basis, regarding the implementation of joint tasks in the sphere of justice.

The article outlines and analyzes the active activity of religious organizations in the field of protection of fundamental human rights.

The objective of the article is to explore the legal viability of the judge’s right to conscientious objection. As a potential legal basis of such a right are considered the fundamental right to freedom of conscience, religion and belief, as well as statutory provisions on disqualification of a judge from adjudicating on a given case. Furthermore, the author deals with the question of whether the judge’s right to conscientious objection is compatible with the principle of their subjection to the law in force.