freedom of conscience

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 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.