Comparison of the functions of law and religion. Law and religion: common features and differences, correlation and interaction

Law and religious norms:

Religious norms are a type of social norms established by various religious denominations and mandatory for people professing a particular faith. They are contained in religious books (Old Testament, New Testament, Koran, Sunna, Talmud, religious books of Buddhists, etc.), in decisions of clergy meetings (resolutions of councils, conferences, etc.), as well as in the works of religious writers. These norms regulate the performance of religious rites, the order of church services, the organization and activities of religious communities, churches, groups of believers, etc. A number of religious institutions (commandments) have moral content.

The difference between law and religion is obvious. Religious norms apply only to believers of a certain denomination (for example, the instructions of the Koran apply to those who profess Islam, etc.). The mechanism of action of religious norms, which prescribe behavior referring to the highest authority - God, is also different, while legal norms are established and guaranteed by the state.

The relationship between law and religion:

Legislation defines the legal basis for the activities of religious associations and secures freedom of religion.

Religious associations sometimes acquire the status of legal entities. The acts on which these associations carry out their activities determine their legal personality and, because of this, some norms have legal significance.

Some religious holidays are recognized by the state as official national holidays, taking into account the fact that this religious tradition is followed by the majority of the population.

The law supports religious norms with moral content that help strengthen law and order, organization, and general discipline.

Law and Morality

Morality is a system of norms and principles contained in the minds of people, in public opinion, in works of literature, art, in the media, about good and evil, justice and injustice, etc., which guide people in their behavior.

General: both regulate relations between people, have a common value - these are human rights, have a common goal - to harmonize the interests of the individual and society, both are value forms of consciousness, both are part of the culture of society, are normative character

Excellent:

Origin: Moral norms have developed in society historically in the process of people's life. Legal norms are established, changed or abolished by the state.

Form of expression: Morality is an unwritten law; norms are kept in the general opinion. The rules of law are written in the law and established by the state.

Scope of action: Morality is all-encompassing.

Methods of ensuring: Moral requirements are fulfilled voluntarily, the regulator is conscience and general opinion. There are no sanctions for violating the rules. The motives and incentive of the person are always taken into account. The rules of law are enforced due to the awareness of their justice and with the help of special services. state institutions. There are always sanctions for violation. Motives and incentive are not considered until the law is broken.

Law establishes morality, and morality evaluates law.

Religious norms is a type of social norms established by various faiths on the basis of religious ideas and having mandatory significance for those professing a particular faith. These norms determine the order of organization and activities of religious associations, regulate the order of rituals, as well as the order of church services.

A number of religious norms have moral content (commandments). In the history of law, there are eras when many religious norms were of a legal nature, as they regulated state, civil, marriage and other relations.

Externally, these norms have certain similarities with legal provisions: to a certain extent formalized and substantively defined; although to a much lesser extent, but still institutionalized in a certain way and documented in such sacred sources as the Bible (Old and New Testaments), Koran, Sunnah, Talmud, religious books of Buddhists, etc.

Legal and religious norms may coincide in moral content. Some of the commandments of Christ’s Sermon on the Mount are “thou shalt not kill” and “thou shalt not steal.” It should also be taken into account that, from the point of view of the mechanism of action, religious norms are a powerful internal regulator of behavior, therefore they are a necessary tool for maintaining and preserving the moral and legal order of society.

At the same time, there are fundamental differences between law and religion:

· Scope religious norms are significantly narrower. Thus, the instructions of the Torah apply exclusively to persons professing Judaism, the Koran - to those professing Islam, etc.

· Various mechanisms of action religion and law. In particular, the norms of religion (especially aesthetic ones) justify in their sacred books the absolute immutability of the code of conduct they prescribe by reference to a higher authority or, as philosophers and theologians would say, “a principle transcendent to the world.”

At different stages of development of society and in different legal systems, the degree and the nature of the interaction between law and religion were different. The nature of the interaction of legal and religious norms in the system of social regulation of a particular society is determined by the connection of these norms with morality, as well as the connection of law with the state. The state, through its legal form, can determine its relations with religious organizations and their legal status in a given specific society.

In a number of modern Islamic states, the Koran and Sunnah are the basis of religious, moral and legal norms, covering all spheres of public life. Currently, the norms established by religious organizations come into contact with the current law in a number of respects. The Constitution of the Russian Federation creates a legal basis for the activities of religious organizations, guaranteeing everyone freedom of conscience and religion. Religious associations may have the status of a legal entity; they have the right to have churches, houses of worship, educational institutions, religious and other property necessary for religious purposes. The norms contained in the charters of such organizations are of a legal nature.

The purpose of religion is to develop “meanings” that allow a person to somehow master and determine his place in the world in which he lives. Religion, from this point of view, acts as a measure of “good” behavior. Religious norms are a type of social norms established by various faiths and having mandatory significance for those professing a particular faith, regulating the attitude of believers to God, the church, to each other, the organization and functions of religious organizations. Religious canons are a regulatory system operating in society from the earliest stages of human development. In the ancient world, religion, morality, and politics were closely interconnected. World religions: Christianity, Buddhism, Islam have had a huge influence not only on the moral life of society, but also on the development of legal systems. The Christian religion and the canons of religious morality have had and are having a significant impact on the life of the peoples of the Earth. One of the main legal systems of our time is Islamic law. This right shows a Muslim the corresponding religion of Islam “the path to follow.” Sharia- a set of religious and legal norms of Muslim feudal law - was born in the countries of the East. The sources of Sharia are the Koran and Sunnah.

In the Bible, the Koran and other sources, along with the religious canons themselves, universal human norms were expressed. Such universal norms and requirements are contained, for example, in the Bible - in the commandments of Moses, in the Sermon on the Mount. The “Laws of Moses” established the obligation to work for six days and rest on the seventh, the requirement to honor their parents to children, and prohibited murder, theft, and perjury. Social norms found expression in Christian church and canon law. These norms regulate the internal organization of the church, relationships between church bodies, believers with the state, and some relationships in the lives of believers. In 1917, the Roman Catholic Church published a code of canon law.

Externally, these norms have a certain similarity with legal regulations: to a certain extent they are formalized and substantively defined; although to a much lesser extent, but still institutionalized in a certain way and documented in the Bible, Koran, Sunnah, religious books of Buddhists and others; act in some cases as sources of law. This is illustrated not only by the countries of the Muslim legal system, but also by some countries of continental Europe. In Germany, canon law is still part of the national legal system. At the same time, there are fundamental differences between law and religion. The secularization of public life and the affirmation of freedom of conscience simultaneously mean that the scope of action of religious norms is significantly narrower than the scope of action of legal norms. Thus, the instructions of the Torah apply exclusively to persons professing Judaism, the Koran - respectively, professing Islam, etc. The mechanisms of action of religion and law are different.

The influence of law on religion is, to a certain extent, quite specific. The Constitution of the Russian Federation (Article 14), the federal law “On Freedom of Conscience” guarantees freedom of conscience and religion, equality of religions, and the possibility for believers to replace military service with alternative civil service. In the Russian Federation, the norms of different religious beliefs and trends apply. Among Russian citizens there are Orthodox, Catholics, Old Believers, Baptists, Muslims, Buddhists, and Jews. Russian legislation on freedom of conscience, religion, relations between the state and the church, and religious organizations reflects the principles of the “Universal Declaration of Human Rights”, the Final Document of the Vienna Meeting of Representatives of the States Parties to the Conference on Security and Cooperation in Europe. The “Declaration of Rights and Freedoms of Man and Citizen” adopted in Russia states that every person is guaranteed freedom of conscience, religion, religious and atheistic activity, everyone has the right to profess any religion or not to profess any, to choose, have and disseminate religious or atheistic beliefs and act in accordance with them, subject to compliance with the law.

At the same time, the law should not be indifferent to “bizarre” forms of using freedom of conscience and, in particular, to occult religions and totalitarian sects that suppress the individual and, through zombification, turn him into a blind executor of the will of the “guru”, “master” and those standing behind him dark forces. The right in this situation must be the right and oppose the development and expansion of this kind of religious beliefs, otherwise the “Aum Shinrikyo” syndrome is inevitable. In particular, the Criminal Code of the Russian Federation includes a special provision providing for criminal liability for the creation of a religious association, the activities of which involve the use of violence and inducement to refuse to fulfill civil duties.

In order to better understand the essence and specificity of legal norms, as the main regulator of social relations, they must be compared with other types of social norms that exist in a socially heterogeneous society:

Thus, it should be noted that the evolution of the regulatory framework of society is associated with the emergence and development of new types of social relations. Law, in essence, reflects the level of socio-economic development of society and therefore ideally should fully comply with its needs for regulation, the desire for which is now traced and embodied through the improvement of the legal system through the adoption of new legal norms. This distinguishes the norms of law, say, from the norms of customs and religion, which have been characterized by a certain stability for many years.

It should be noted that the rules of law are generally binding, i.e. all subjects of social relations within the scope of these norms are subject to their influence and can or should be guided by it.

The legal norms enshrined in acts of the state are of a formally defined nature and are subject to change only in a special, rather complex manner.

It is also important that the rules of law are formulated by competent, highly qualified persons who objectively represent all aspects of social life and are able to give a specific formulation of the rule that expresses the interests of society as a whole.

General theory of state and law, ed. Lazarev. M. 2000 With. 122. Matuzov, Malko, 2000. With. 345.

Purpose of religion is the development of meanings that allow a person to somehow get comfortable and determine his place in the world. Religion, from this point of view, acts as a measure of “good” behavior.

Religious norms are a type of social norms established by various faiths and that have meaning for believers.

What legal and religious norms have in common.

1. To a certain extent formalized and meaningfully defined.

2. Documented. Religious norms are contained in the Bible, Koran, Sunnah, Talmud...

3. They are a variety social norms.

4. Performing sources of law in some cases. (religious texts).

There have been entire eras in history when many religious norms were of a legal nature and regulated certain political, civil, state, and marriage and family relations. In a number of modern Islamic countries, the Koran and Sunnah are the basis of religious, legal, and moral norms that regulate all aspects of a Muslim’s life, determining the correct path of life (Sharia).

In Russia, until 1917, the sources of law were the Helmsman’s Book and the Charter of Spiritual Consistories.

Difference between law and religion.

1. Scope religious norms are significantly narrower. This is connected with the secularization of public life, with the assertion of freedom of conscience. Thus, the injunctions of the Koran apply to those who profess Islam.

2. Various mechanisms of action law and religion. Thus, religious norms are observed based on the absolute immutability of instructions.

The influence of law on religion is as follows: the Constitution, the Federal Law “on freedom of conscience and religious associations” guarantee freedom of conscience and religion, equality of religions, and the opportunity for believers to replace military service with alternative civil service. At the same time, the state should not be indifferent to totalitarian, satanic sects that suppress the individual.

Religious associations may be granted the status of a legal entity.

Problem: 1) officially religion is separated from the state, the equality of all religions is recognized, but in reality our official religion is Orthodoxy.

2) in Muslim countries, religion replaces law.

77. Controversial issues of the doctrine of legal policy.

Jurisprudence, 1997 No. 4 (Matuzov. Concept and main priorities of Russian legal policy). The Saratov branch of the Institute of State and Law of the Russian Academy of Sciences publishes the journal “Legal Policy and Legal Life”.

Malko: legal life- the totality of all forms of legal existence of society, expressed in legal acts and other manifestations of law, including negative ones (deformation), characterizing the specifics and level of legal reality, the attitude of subjects to the law and the degree of satisfaction of their interests.

Legal policy-* scientifically based, *consistent,*system activity state, municipal bodies for the creation effective legal regulation mechanism, on the civilized use of legal means in achieving such goals as the most complete provision of human and civil rights and freedoms, *strengthening discipline, *legality, law and order, formation legal statehood And * high level of legal culture in the life of society and the individual.

The state pursues a policy in the field of law. Legal policy is determined by the legal regime; it becomes tougher in conditions of war and a state of emergency.

Legal Policy- a set of ideas, measures, tasks, principles, guidelines, implemented through law. It is embodied in laws, the Constitution, codes, and other normative legal acts, and is aimed at protecting and defending this social system, regulating social relations in the right direction.

Signs:

1) based on law;

2) carried out by legal methods;

3) covers mainly the legal field of activity;

4) reinforced by coercion;

5) differs in normative and organizational principles

6) scientific validity;

7) subordination to the Constitution;

8) corresponds to the interests of society and the state.

Subjects of creation and implementation.

1) those who have the right of legislative initiative;

2) political parties, public associations;

3) citizens through official channels and the press;

4) judicial, prosecutorial, investigative and other jurisdictional bodies.

Main subject implementation of legal policy is the state with its bodies and officials, administrative apparatus.

Principles.

1) social conditioning;

2) scientific validity;

3) stability and predictability;

4) legitimacy;

5) humanity, morality;

6) justice;

7) publicity;

8) combination of interests of the individual and the state;

9) priority of human rights;

10) compliance with international standards.

The methods are persuasion and coercion.

Elements.

1) legislative strategy;

2) principles of legal regulation;

3) constitutional construction;

4) judicial and legal reform;

5) protection of human rights;

6) improvement of law and order, federalism, discipline, electoral law.

Privolzhsky branch

state educational institution

higher professional education

"RUSSIAN ACADEMY OF JUSTICE"

FACULTY OF TRAINING SPECIALISTS

FOR THE JUDICIAL SYSTEM

(FACULTY OF LAW)

COURSE WORK

In the discipline "Theory of State and Law"

Subject:

LAW AND RELIGION

Completed:

1st year student

groups 09/D-106

full-time education

Krasnova A.A.

Supervisor:

Ph.D., Associate Professor

Vostrikov P.P.

Submission date

Nizhny Novgorod

Introduction. …………………………………………………………

Chapter 1. Law.

1.1. The emergence and concepts of law……………………………

1.2.Essence of law………………………………………………………………

1.3. Signs of law…………………………………………….

1.3.Functions of law……………………………………………..

Chapter 2. Religion.

2.1. The emergence of religion……………………………………..

2.2.Main functions of religion………………………………...

2.3. Religion and state………………………………………………………

Chapter 3. The relationship between law and religion.

3.1. The influence of religion on state laws and rights……………

3.2. The relationship between law and religion……………………………..

Conclusion………………………………………………………..

Literature……………………………………………………………….

Introduction.

Relevance. This topic of the course work attracted me because it is not actually studied as part of the course, although in my opinion, the study of the relevant problem is of great importance in achieving the goals facing society and the state as a whole. However, attention to this is paid only superficially. The difficulty lies in the fact that religion and law are completely different categories, but still have a connection that is rarely seen by lawyers and those whose sphere is worship. The consciousness of each of them is permeated with a certain system of knowledge and ideas, which, in general, have contradictions. So I think the connection between these categories is lost in the minds of these people. In my opinion, religion and law should form a single social phenomenon and be studied in more depth. What is this connection and what does it consist of? - questions that also interest me, and which I will try to answer as part of my course work.

Object course work is social relations regulated by law and religion. How did these two categories historically influence the formation and coexistence of each other? The relationship between law and various religions. Their methods of influencing public relations. Problems of the existence of law with different religions. Possible solutions based on your own opinion. The issues of the coexistence of several religions within one state, their joint influence on the system of law and social relations are also touched upon.

Subject Research course work is the mutual influence and interaction of law and religion in a rule of law state.

First of all, I would like to note the main research paths in this course work. So, the main goal of the course work is to reveal the content and essence of two categories - law and religion, as well as the relationship between them, to assess their impact on social phenomena, the degree of effectiveness of this impact. The overall goal is to study these two concepts and develop a personal opinion. Since science and morality are intertwined here, the course work contains philosophical, criminal law, criminological, sociological, religious and other views.

So, the main ones tasks my course work:

Study the concepts, functions and features of law;

Explore the emergence of religion;

Analyze the relationship between religion and the state;

Study the main functions of religion;

Relate law to religion;

Find out how religion influences law;

I do not set out to defend a legal or moral (religious) point of view, but will consider these things objectively. Considering the specific nature of law and religion, I consider it advisable to approach creatively and sometimes use historical, philosophical, political, social, religious, scientific views in solving the problems I posed as part of my course work.

Chapter 1. Law .

1.1.The emergence and concepts of law.

A necessary condition for the existence of any society is the regulation of relations between its members. Social regulation is of two types: normative and individual. The first is of a general nature: norms (rules) are addressed to all members of society and do not have a specific addressee. The second relates to a specific subject, is an individual order to act accordingly. Both of these types are inextricably linked. Regulatory regulation ultimately leads to an impact on specific individuals and acquires a specific addressee. The individual is impossible without the general, i.e. normative, establishing rules for the subject carrying out such regulation to issue appropriate commands.

Social regulation comes to the human community from distant ancestors, and its development is carried out along with the development of human society. Under the primitive communal system, the main regulator of social relations were customs. They consolidated the most rational, useful for society behavior options in certain situations, developed over centuries, passed on from generation to generation and equally reflected the interests of all members of society. Customs changed very slowly, which was quite consistent with the pace of change in society itself that took place during that period. At a later time, closely related to customs and reflecting the existing ideas about justice, good and evil, norms of public morality and religious dogma appeared. All these norms are gradually merging, most often on the basis of religion, into a single normative complex, a unity that provides a fairly complete regulation of social relations that were not yet very complex. Such customs, approved by morality and illuminated by religion, were the norms that existed in primitive society, defining the order of socialization of the product obtained by members of the community and its subsequent redistribution, which were perceived by everyone as not only correct and, of course, fair, but also as the only possible ones.

And since all norms were regarded as sent down from above, correct, fair, then naturally, among many peoples, the content of these norms, and often the norms themselves and their totality, were assigned such names as “right”, “truth”, etc. In this sense, law appeared before the state, and ensuring its implementation and compliance by everyone with legal regulations was one of the reasons for the emergence of the state.

The development of primitive society led at a certain stage to its stratification. Either a special social group emerged that made up the bureaucratic state apparatus, which became the actual owner of the means of production, or a class that turned these means into private property. In both cases, social inequality and exploitation of man by man arose, sometimes of a disguised nature. Naturally, for people placed in unequal conditions of distribution of the social product, the transfer of the common property into the hands of a narrow circle of people ceased to seem fair. Violations of such customs became more frequent, and the order established by them and preserved unchanged for centuries was eroded and destroyed. The form of social relations established by customs came into conflict with their changed content.

The development of society, with the emergence of even the rudiments of the state, accelerates sharply, and soon a moment comes when legal customs cannot ensure the regulation of social relations: they change too slowly, not keeping up with the pace of social development. Therefore, new sources and forms of establishing legal norms appear: laws, legal precedents, regulatory agreements.

You can select two main ways of development of law. Where state property occupies a dominant position, the main source and method of fixing legal norms are, as a rule, collections of moral and religious ones (Teachings of Ptahhotep - in Ancient Egypt, Laws of Manu - in India, the Koran - in Muslim countries, etc.) . The norms recorded in them are often casual in nature. They are supplemented, if necessary, by other customs (for example, adats) and specific (non-normative), but having the force of law, regulations of the monarch or, by his authority, an official of the state apparatus.

In a society based on private property, which necessitated equality of rights of owners, more extensive legislation, characterized by a higher degree of formalization and certainty, developed, and, above all, civil legislation, regulating a more complex system of property social relations. In some cases, fairly ancient legislation was distinguished by such a degree of perfection that it outlived the people who used it for many centuries and has not lost its significance today (for example, Roman private law).

But one way or another, in any state-organized society, in one way or another, the rules of law are elevated to law, sanctified from above, supported and ensured by the state. Legal regulation of social relations is becoming the most important method of state management of society. But at the same time, a contradiction arises between law and law, since the latter ceases to express universal justice and reflects the interests of only a part, and, as a rule, a smaller part, of society.

Law, like the state, is one of the most complex social phenomena. In everyday life, people understand law as generally binding rules of behavior established and sanctioned by the state in the form of laws, decrees, etc.

Law is not limited to formal characteristics, although in a specifically legal sense, law is determined by these characteristics; These are legal texts formulated by the authorities and containing legal norms.

Law has deep roots in culture, both world and national spiritual history of the people.

Law has natural connections with such institutions as humanism, human rights, social justice, which are the objects of scientific and socio-political discussions. Therefore, the idea of ​​law, its essence, value, methods of implementation can be both general and specific historical; These legal relations are determined by the direction and meaning of each stage of the life of society.

Law is a state regulator. It regulates relations between people with the correspondingly embodied will of society. Therefore, unlike other social regulators, a given society can have only one right; it is uniform and of the same type as the state. Law is the only normative one, the regulating influence of which on relations between people entails certain legal consequences for their participants.

Law is a system of generally binding, formally defined norms that express the state will of society, conditioned by economic, spiritual and other conditions of life, its universal and class character; are issued and sanctioned by the state in certain forms and are protected from violations, along with measures of education and coercion; are a regulator of social relations.

Law is a system of regulation of social relations, conditioned by the nature of man and society and expressing personal freedom, which is characterized by normativity, formal certainty in official sources and the possibility of state coercion. In modern legal science, the term “law” is used in several meanings. Firstly, law refers to the legal claims of people, for example, “the human right to life”, “the right of peoples to self-determination”. These claims are due to the nature of man and society and are considered natural rights.

Secondly, law refers to a system of legal norms. This is law in the objective sense, because legal norms are created and operate independently of the will of individuals.

Thirdly, the term refers to the officially recognized capabilities available to an individual or legal entity or organization. “Citizens have the right to work, rest, health care, property,” etc., organizations have rights to property and to activities in a certain area of ​​state and public life. In all these cases we are talking about the subjective meaning of law, i.e. about the right belonging to an individual – the subject of law.

Fourthly, the term “law” is used to refer to the system of all legal phenomena, including natural law, law in the objective and subjective sense. Here its synonym is “system of law”. For example, Anglo-Saxon law, Roman-Germanic law, national legal systems.

The term “right” is also used in a non-legal sense. There are moral rights, the rights of members of public associations, parties, unions, rights arising on the basis of customs. Therefore, it is especially important to give a precise definition of the concept of law, to establish the characteristics and properties that distinguish it from other social regulators. In legal science, many definitions of law have been developed, which differ depending on what exactly in legal phenomena is taken to be the main, most essential. In such cases, we are talking about determining the essence of the law. Law has natural connections with economics, politics, morality, and especially deep connections with the state. All these connections, one way or another, are expressed in its characteristics. It is necessary to distinguish between signs and properties. Signs characterize law as a concept, properties - as a real phenomenon. Signs and properties are in accordance, i.e. properties are reflected and expressed in the concept of law as its characteristics. Philosophers, not without reason, claim that “any phenomenon of reality has countless properties.” Therefore, the concept includes features that reflect its most essential properties. The approach is fundamentally different when the general social essence and purpose of law is recognized, when it is considered as an expression of a compromise between classes and different social strata of society. In the most developed legal systems (Anglo-Saxon, Romano-Germanic law), priority is given to the person, his freedom, interests, and needs.

1.2.The essence of law.

The essence is the main thing, the main thing in the object under consideration, and therefore its understanding is of particular value in the process of cognition.

The law is built on three pillars. These are morality, the state, the economy. Law arises on the basis of morality as a different method of regulation; the state gives him officiality, security, strength; Economics is the main subject of regulation, the root cause of the emergence of law, because this is the area where morality has discovered its insolvency as a regulator. Morality, state, economy are the external conditions that gave rise to the right to life as a new social phenomenon. In law and through law, freedom is secured and brought to every person, to every organization.

Law has a general social essence, serves the interests of all people without exception, ensures organization, orderliness, stability and development of social ties. When people enter into relationships with each other as subjects of law, this means that they have the authority of society and the state behind them, and they can act freely without fear of adverse consequences in social terms.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, right is not just freedom, but freedom guaranteed from encroachment, protected freedom. Thanks to law, good becomes the norm of life, evil becomes a violation of this norm.

1.3. Signs of law.

Signs of law characterize it as a specific system of social relations.

1) normativity. Law has a normative nature, which makes it similar to other forms of social regulation - normativity, customs. The right that every person or legal entity has is not arbitrarily measured and determined in accordance with the current norms. In some doctrines of law, the sign of normativity is recognized as dominant and law is defined as a system of legal norms. With this approach, the rights of an individual or legal entity turn out to be just the result of the action of norms and are, as it were, imposed on them from the outside. In reality, the opposite dependence takes place: as a result of repeated repetition of any behavior options, the corresponding rules are formed. Knowing the established rules makes it easier for a person to choose the right decision regarding how he should act in a given life situation. The value of the property under consideration is that “normativity expresses the need to affirm in social relations normative principles related to ensuring the orderliness of social life, the protected status of an autonomous individual, her rights and freedom of behavior.” The rules of law should be considered as a “working instrument” with the help of which human freedom is ensured and the social antipode of law – arbitrariness and lawlessness – is overcome.

2) formal certainty. Involves the consolidation of legal norms in any sources. Rules of law are officially enshrined in laws and other regulations, which are subject to uniform interpretation. In law, formal certainty is achieved by the official publication of court decisions, recognized as models that are mandatory when considering similar legal cases. In customary law, it is provided by the formula of the law, which authorizes the use of custom, or by the text of a court decision made on the basis of custom.

Based on the rules of law and individual legal decisions, the subjective rights, obligations, and responsibilities of citizens and organizations are clearly and unambiguously determined.

3) hierarchy of legal norms, their subordination: legal norms have different legal force, for example, constitutional norms have the highest legal force; norms of another level cannot contradict them.

4) the intellectual and volitional nature of law. The right is the manifestation of the will and consciousness of people. The intellectual side of law is that it is a form of reflection of social patterns and social relations - the subject of legal regulation. Law reflects and expresses the needs, goals and interests of society, individuals and organizations. The formation and functioning of law as an expression of freedom, justice and reason are possible only in a society in which all individuals have economic, political and spiritual freedom.

The volitional principle of law must be considered in several aspects. Firstly, the content of law is based on the socio-legal claims of individuals, their organizations and social groups, and their will is expressed in these claims. Secondly, state recognition of these claims is carried out through the will of the competent state bodies. Thirdly, the regulatory action of law is possible only with the “participation” of the consciousness and will of the persons who implement legal norms.

5) availability of the possibility of state coercion. State coercion is a factor that made it possible to clearly distinguish between right and obligation, i.e. the sphere of personal freedom and its boundaries. State coercion is a specific feature of law that distinguishes it from other forms of social regulation: morality, customs, corporate norms. The state, which has a monopoly on the implementation of coercion, is a necessary external factor in the existence and functioning of law. Historically, law arose and developed in interaction with the state, initially performing a protective function. It is the state that gives law extremely valuable properties: stability, strict certainty and security of the “future”, which, by their characteristics, seem to become part of the existing one.

Summarizing the above characteristics, law can be defined as a system of generally binding, formally defined normative guidelines regulating social relations and emanating from the state, enforced by coercion on the part of the state.

1.4.Functions of law.

The functions of law are understood as the main directions of legal influence on social relations arising from its content and purpose.

There are two main functions of law – regulatory and protective.

regulatory - streamlining social relations by consolidating appropriate social connections and orders (static regulatory function; for example, fixing the rights of the owner to own, use and dispose of things) and ensuring the active behavior of certain subjects (dynamic regulatory function; for example, imposing the obligation to pay taxes) ;

protective - establishing measures of legal protection and legal liability, the procedure for their imposition and execution.

In addition to those mentioned, the law performs some additional functions. These include educational, ideological, informational, etc. The educational function is the influence of law on the will and consciousness of people, instilling in them respect for the law;

the ideological function is to introduce into the life of society the ideas of humanism, the priority of human rights and freedoms, and democracy;

The information function makes it possible to inform people about the requirements that the state imposes on individual behavior, to report on those objects that are protected by the state, about what actions and actions are recognized as socially useful or, on the contrary, contrary to the interests of society.

Chapter 2. Religion

2.1. The emergence of religion.

Modern religion is extremely diverse and dynamic; it reflects the realities of our time and strives to meet its requirements and demands. Since the beginning of his existence, man has invented countless superstitions; people have created 50 thousand large and small religions. Christianity alone gave birth to 3 thousand sects, that is, groups of believers that separated from the mainstream church. In 1985, out of the 4.5 billion population of our planet, there were over 3 billion believers of various confessions. The prevalence of a religion does not mean that it is true. Tribal, national, and world religions are known. The tribes of Africa and Australia honor spirits and patron ancestors. The largest national religions are Hinduism, Shintoism (the “way of the gods” among the Japanese), Confucianism and Taoism (the religion of China), Judaism (the religion of the Jews). World religions - Buddhism, Islam, Christianity. They are common in many countries and among many peoples.

Various religions and denominations establish rules that are mandatory for believers - religious norms. They are contained in religious books (Old Testament, New Testament, Koran, Sunnah, etc.), in decisions of meetings of believers or clergy, in the works of authoritative religious writers. These norms determine the order of organization and activities of religious associations, regulate the performance of rituals, and the order of church services.

A number of religious norms have moral content (commandments).

There have been entire eras in the history of law when many religious norms were of a legal nature and regulated certain political, state, civil, procedural, marriage and other relations.

In some modern Islamic countries, the Koran ("Arabic code of law") and the Sunnah are the basis of religious, legal, and moral norms that regulate all aspects of a Muslim's life, defining the "right path to the goal"

A thousand years ago, our country adopted Christianity as the state religion. The spread of Christianity was carried out by the princely authorities and the emerging church organization. Throughout its existence, religion has been closely intertwined with the state and law. During the baptism of Rus', the people were forced to accept the new faith. Metropolitan Hilarion of Kiev admitted "... no one resisted the princely order, pleasing to God, and they were baptized, if not of their own free will, then of their fear of the order, for his religion was associated with power." The church played an important role in the development and strengthening of statehood. Gradually, the church becomes a landowner, it is paid a “tax”, church tithes. The church in ancient Rus' had three large circles of judicial rights:

judicial power over the entire Christian population of Rus' in some cases;

the right to trial certain groups of people (church people);

judicial power over the population of those lands that were feudal property. Over time, the church was inseparable from the state; in Russia there were church schools, monasteries, and temples. The leading role was played by the Russian Orthodox Church. A number of marriage, family and some other norms recognized and established by the Orthodox Church (“canon law”) were an integral part of the legal system. After the separation of church and state, these norms lost their legal nature; in 1917, the church was separated from the state. The decree adopted by the Council of People's Commissars on January 20, 1918, equalized the Orthodox Church with other religious associations; from a state organization it turned into a private society formed on a voluntary basis to meet the needs of its members and maintained at their expense. It was envisaged that citizens could study religion privately. Unfortunately, in the past, (religious) laws regarding religious cults were not always respected. In the 1930s, rampant lawlessness led to unjustified repressions, the victims of which were many clergy of the Russian Orthodox Church. In the 60s, churches were closed.

Nowadays, temples, monasteries, and churches that were destroyed to the ground during the years of Soviet power are being restored.

But now the church acts as the center of the spiritual culture of the Russian people, and not “...as part of the state mechanism...”. Patriarch Pimen, answering questions from the Novosti press agency, said: “The Church is separated from the state, and we consider this position to be correct, because the Church and the state are different in nature.

Currently, the norms established by religious organizations come into contact with the current law in a number of respects. The Constitution creates a legal basis for the activities of religious entities, guarantees everyone freedom of conscience, including the right “to freely profess, individually or together with others, any religion or not to profess any religion, to freely choose, have and disseminate religious and other beliefs and act in accordance with them.”

A religious association may have the status of a legal entity, have churches, houses of worship, educational institutions, places of worship and other property necessary for religious purposes.

Some religious holidays are officially recognized by the state, taking into account historical ones.

A citizen of the Russian Federation is given the right to replace military service with alternative civilian service if performing military service contradicts his convictions or religion.

Believers have the opportunity to freely perform religious ceremonies, such as: marriage, the birth of a child, his coming of age, funerals and many others; only documents received from the civil registry office or other government bodies authorized to issue such documents have legal significance.

Conclusion: The restoration of culture and historical consciousness that has begun in our country is impossible without the revival of civilization itself. But we must admit that for thousands of years religion has served as the basis of any known history of civilization, determining the norms of relations between huge masses of people belonging to each of them. A deliberate policy of destroying religion inevitably leads to the destruction of the foundations of civilization.

2.2.Main functions.

• Worldview - religion, according to believers, fills their lives with some special significance and meaning.
• Compensatory , or comforting, psychotherapeutic, is also associated with its ideological function and ritual part: its essence lies in the ability of religion to compensate, compensate a person for his dependence on natural and social disasters, remove feelings of his own powerlessness, difficult experiences of personal failures, grievances and the severity of life, fear before death.
• Communicative - communication of believers among themselves, “communication” with gods, angels (spirits), souls of the dead, saints, who act as ideal intermediaries in everyday life and in communication between people. Communication is carried out, including in ritual activities.
• Regulatory - awareness by the individual of the content of certain value systems and moral norms, which are developed in each religious tradition and act as a kind of program for people’s behavior.
• Integrative - allows people to recognize themselves as a single religious community, bound by common values ​​and goals, gives a person the opportunity to self-determinate in a social system in which there are the same views, values ​​and beliefs.
• Political - leaders of various communities and states use religion to justify their actions, unite or divide people by religious affiliation for political purposes.
• Cultural - religion promotes the spread of the culture of the carrier group (writing, iconography, music, etiquette, morality, philosophy, etc.)
• Disintegrating - religion can be used to divide people, to incite hostility and even wars between different religions and denominations, as well as within the religious group itself. The disintegrating property of religion is usually spread by destructive followers who violate the basic commandments of their religion.
• Psychotherapeutic - religion can be used as a means of psychotherapy.

2.3. Religion and state.

The history of many states includes the relationship between secular and church authorities, the state and religious organizations. Recently, the influence of the church, religious norms and values ​​on the life of society in post-socialist states has increased noticeably. This is explained, to a certain extent, by a significant change in living conditions and the approach to religion as the most important integrating force and factor in the spiritual and moral revival of peoples. The outstanding Russian philosopher I.A. Ilyin (1883-1954) defined the relationship between the state and the church as follows: “The Church and the state are mutually alien - in establishment, in spirit, in dignity, in purpose and in the method of action. The state, which tries to appropriate the power and dignity of the church, creates blasphemy, sin and vulgarity. A church that tries to usurp the power and sword of the state loses its dignity and betrays its purpose. The Church should not take the sword - neither to instill faith, nor to execute a heretic or villain, nor for war... in this sense, the Church is “apolitical”, the task of politics is not its task; the means of politics are not its means; the rank of a politician is not its rank" . Analysis of legislation and practice allows us to identify 2 main types of status of the church in the state: 1) State church, consolidating its privileged position in comparison with other religions. 2) Regime of separation of church from state and school from church. The status of state church presupposes close cooperation between state and church , which covers various areas of public relations, as well as various privileges for religious organizations belonging to the state church. In pre-revolutionary Russia, the Russian Orthodox Church had this status. The status of a state church is characterized by a number of features. In the sphere of economic relations, the church is recognized as having ownership of a wide range of objects: land, buildings, structures, religious objects, etc. in many cases, the state exempts church property from taxation or significantly reduces taxes on it. Thus, until October 1917, the Russian Orthodox Church was exempt from taxes and civil obligations. The church receives various subsidies and financial assistance from the state. In pre-revolutionary Russia, the Orthodox Church received large subsidies from the state (for example, 1907 - 31 million rubles for the maintenance of the church apparatus). The Church is endowed with a number of legal powers - it has the right to register marriage, birth, death, and in some cases - to regulate marital and family relations. In the field of political relations, the church has the right to participate in the political life of the country, including through the representation of the church in government bodies. The Orthodox Church in pre-revolutionary Russia was part of the state apparatus. The Synod consisted of representatives of the clergy appointed by order of the Tsar. In the field of religious relations, the union of church and state consists in the fact that the head of state, even under a republican form of government, takes a religious oath or oath upon taking office. The Church also participates in the coronation of monarchs. The Church has broad powers in the field of upbringing and education of the younger generation, and conducts religious censorship of printed materials, cinema, and television. The status of a state religion, even in a softened modern form, still makes the Church more dependent on the state. In those states where one of the religions is declared the state, other religions may exist, but their status is more limited compared to the official church. In some countries, formal equality of all religions has been established, which is a sign of a democratic society (Ireland, Argentina), as tolerance towards other religions is established. However, this equality is not always observed in practice.

The regime of separation of church and state exists in many countries - in modern Russia, France, Germany, Portugal, etc. This regime is most often due to the desire to deprive the church of a monopoly on the performance of ideological and integration functions, since the church has a powerful potential to influence the consciousness of people. It is characterized by the following features.

Today, in most Western countries, church and state are separated. Religious minorities enjoy religious freedom without discrimination. The church does not interfere in state affairs and, conversely, the state does not interfere in church affairs. The department does not rule out cooperation between the state and religious organizations in some matters.

The regime of separation of church and state does not mean the absence of any control on the part of the state over the activities of religious organizations. The state does not shy away from legal regulation of their status and activities.

The regime of separation of church and state presupposes legal regulation of the activities of religious organizations, which ensures a certain balance of church-state relations and allows cooperation between the church and the state in resolving social issues. When regulating the legal status of religious organizations, the legislation of most states is based on the recognition of freedom of conscience and religion, that is, the right to profess any religion, freely choose and disseminate religious beliefs.

Well, it would be a mistake to think that relations between the state and the church have always developed without mutual claims. Recently, a difficult problem was the return to the church of temples, monasteries and other religious institutions and values ​​that were illegally taken from it. Here, the interests of religious organizations and museum institutions most often collide, defending the rights to protect and make available to the population certain church values ​​as national monuments. The press debated, for example, the conflict between the church and art historians over the icons of the “Trinity” and “Our Lady of Vladimir” - the greatest Russian cultural values; or between the employees of the Pushkin Reserve and the clergy regarding the transfer of the church of the Svyatogorsk Monastery. The question of the feasibility of restoring the Cathedral of Christ the Savior has gained great public resonance.

Another no less complex problem is the emergence in recent years of various mystical sects and foreign missionaries in our country. Some of them have a detrimental effect not only on people’s psyche, but also on physical health (for example, “White Brotherhood”). The Orthodox Church appeals to the state, believing that it should establish legal restrictions for such religious associations.

Chapter 3. Relationship between law and religion.

3.1. Relationship between law and religion.

The purpose of religion is to develop “meanings” that allow a person to somehow master and determine his place in the world in which he lives. Religion, from this point of view, acts as a measure of “good” behavior. Religious norms are a type of social norms established by various faiths and having mandatory significance for those professing a particular faith, regulating the attitude of believers to God, the church, to each other, the organization and functions of religious organizations. A set of moral and ethical principles is an integral part of religious beliefs. Religious canons are a regulatory system operating in society from the earliest stages of human development. In the ancient world, religion, morality, and politics were closely interconnected. World religions: Christianity, Buddhism, Islam have had a huge influence not only on the moral life of society, but also on the development of legal systems. The Christian religion and the canons of religious morality have had and are having a significant impact on the life of the peoples of the Earth. One of the main legal systems of our time is Islamic law. This right indicates to the Muslim of the corresponding religion of Islam the “path of exploration.” Sharia - a set of religious and legal norms of Muslim feudal law - was born in the countries of the East. The sources of Sharia are the Koran and Sunnah. In the Bible, the Koran and other sources, along with the religious canons themselves, universal human norms were expressed. Such universal norms and requirements are contained, for example, in the Bible - in the commandments of Moses, in the Sermon on the Mount. The “Laws of Moses” established the obligation to work for six days and rest on the seventh, the requirement to honor their parents to children, and prohibited murder, theft, and perjury. Social norms found expression in Christian church and canon law. These norms regulate the internal organization of the church, relationships between church bodies, believers with the state, and some relationships in the lives of believers. In 1917, the Roman Catholic Church published a code of canon law. Externally, these norms have a certain similarity with legal regulations: to a certain extent they are formalized and substantively defined; although to a much lesser extent, but still institutionalized in a certain way and documented in the Bible, Koran, Sunnah, religious books of Buddhists and others; act in some cases as sources of law. This is illustrated not only by the countries of the Muslim legal system, but also by some countries of continental Europe. At the same time, there are fundamental differences between law and religion. The secularization of public life and the affirmation of freedom of conscience simultaneously mean that the scope of action of religious norms is significantly narrower than the scope of action of legal norms. Thus, the instructions of the Torah apply exclusively to persons professing Judaism, the Koran - accordingly to those professing Islam, etc. The mechanisms of action of religion and law are different. In particular, religions justify in their sacred books the absolute immutability of the code of conduct they prescribe by reference to a higher authority, or, as philosophers and theologians would say, “a principle transcendent to the world.”

The influence of law on religion is, to a certain extent, quite specific. The Constitution of the Russian Federation (Article 14), the federal law “On Freedom of Conscience” guarantees freedom of conscience and religion, equality of religions, the possibility for believers to replace military service with alternative civil service. In the Russian Federation, the norms of different religious beliefs and trends apply. Among Russian citizens there are Orthodox, Catholics, Old Believers, Baptists, Muslims, Buddhists, and Jews. Russian legislation on freedom of conscience, religion, relations between the state and the church, and religious organizations reflects the principles of the "Universal Declaration of Human Rights" adopted in Russia "Declaration of the Rights and Freedoms of Man and Citizen" states that every person is guaranteed freedom of conscience, religion, religious and atheistic activity, everyone has the right to profess any religion or not to profess any, to choose, have and disseminate religious or atheistic beliefs and act in accordance with them, subject to compliance with the law.

At the same time, the law should not be indifferent to “bizarre” forms of using freedom of conscience and, in particular, to occult religions and totalitarian sects that suppress the individual and, through zombification, turn him into a blind executor of the will of the “guru.”

master" and the dark forces behind him. The right in this situation must be the right and counteract the development and expansion of this kind of religious beliefs, otherwise the "Aum Sindike" syndrome is inevitable.

3.2. The relationship between law and religion.

The spiritual life of society is diverse, it includes culture, including art, the area of ​​beliefs, the national aspect, including linguistic, etc. The current Constitution has abandoned the principle of strict state guardianship over the spiritual life of society and establishes the principle of a secular state. A secular state should be considered a state in which there is no official, state religion and no creed is recognized as mandatory or preferable. According to Art. 14 of the Constitution of Russia, the Russian Federation is declared a secular state: “No religion can be established as state or compulsory. Religious associations are separated from the state.” The legal status of the church in modern Russia, in addition to constitutional provisions, is regulated by the Russian law “On Freedom of Conscience and on Religious Associations.”

The adoption of this law, as is known, was accompanied by heated controversy not only in church circles, but also in the government authorities themselves.

So what was the reason for the emergence of conflicting opinions in the process of adopting the Federal Law “On Freedom of Conscience and Religious Associations”? Essentially, we are talking about a different interpretation of the new provisions of the Federal Law of September 26, 1997, which fundamentally distinguish it from previous legislation in this area, in particular from the clearly outdated Law of the RSFSR “On Freedom of Religion” of October 25, 1990. At the heart of the disagreements between domestic and foreign politicians lies a diametrically opposed assessment of the role of the state and, above all, the executive branch in the legal regulation of religious activities. The promoters of the new state policy in relations between the state and the church, embodied in the new Federal Law of September 26, 1997, defend the need to strengthen the role of the executive branch in the creation of religious associations and the exercise of control powers of law enforcement agencies over their activities. This position also takes into account international practice. In particular, the decision of the European Parliament of February 29, 1997 provides for the possibility of limiting the activities of religious associations: member states of the European Parliament are recommended not to automatically grant “the status of a religious organization”, as well as to suppress the illegal activities of sects up to their liquidation. Opinions were expressed that the Federal Law has a “discriminatory essence” that complicates the activities of all religious organizations, in addition to the so-called “traditional” ones, which have taken root in Russia for centuries and unite adherents of Orthodoxy, Islam, Buddhism and Judaism. In fact, the Federal Law of September 26, 1997 is based on the interfaith concept of state regulation, according to which “the protectionist policy of the state applies to all legally created religious associations.” The new Law does not provide for most favored nation treatment for traditional religions. The only mention of them is contained in the preamble, but not in the normative provisions of the law, which confirms the constitutional principle of equal legal protection of all religious associations officially operating on the territory of Russia.

The essence of the Federal Law of September 26, 1997 is to consolidate the preventive powers of law enforcement agencies: government authorities are interested in preventing possible illegal activities of so-called “totalitarian” sects that exclude a voluntary basis of membership and prevent citizens from leaving a religious association. The mechanism of state licensing policy, embodied in the powers of federal ministries and departments for registration, licensing and control, is designed to prevent the infliction of property and moral harm to adherents of various religions. Religious associations can be created in the form of religious groups and religious organizations. It should be emphasized that only religious organizations registered with the justice authorities have the legal capacity of legal entities. The Federal Law of September 26, 1997 defines the status of the optional and mandatory regimes of registration relations, and their differences are determined by the intentions of the person who created the religious group. The optional regime takes place if the founders of religious groups do not intend to petition the justice authorities to grant them the status of a legal entity. Mandatory state registration is provided only for associations created in the form of a religious organization.

It is impossible to refuse registration of a religious association on the grounds that its creation is inappropriate.

For the implementation of imperative registration relations, the time qualification for the activities of an association on the territory of Russia is crucial.

The status of an all-Russian religious association applies only to centralized religious organizations that have been operating on the territory of Russia legally for at least 50 years (and which include at least three local organizations registered on the territory of one or more constituent entities of the Russian Federation) by the time the organization applies to the authority Justice with an application for state registration. The founders of a local religious organization are required to confirm with the justice authority the fact of their activities in the relevant territory for at least 15 years (this requirement does not apply to local religious associations that operated as part of a centralized religious organization before state registration).

However, it is still possible to extend the rights of a legal entity to a local and centralized religious organization without a temporary qualification. However, in this case, the founders are required to re-register with the territorial justice authorities annually for 15 years. Such associations are subject to a number of restrictions: they do not have the right to establish institutions of professional religious education, produce, acquire, distribute religious literature, or have a representative office of a foreign religious organization.

The creation of a centralized religious organization is characterized by a special periodicity of registration relations: at the first stage of state registration, local organizations are subject to state registration, and only after its completion the founders have the right to apply for registration of a centralized organization.

In order for religious associations to create institutions of professional religious education, a combination of two types of permitting policies is necessary. Such institutions are subject to state registration with the justice authority as a religious association, and in order to obtain the right to carry out educational activities, it is also necessary to issue a license from the Ministry of General and Professional Education of the Russian Federation.

The liquidation of a religious association is also regulated by administrative law. As a rule, the initiator of the liquidation or prohibition of the activities of an association is the Ministry of Justice of the Russian Federation or its territorial body in a subject of the federation, but the decision on the merits is made by the court. The federal law does not regulate the differences in the procedures for liquidation and prohibition of the activities of a religious association, however, the complete termination of the legal capacity of a religious organization as a legal entity is allowed only if it is liquidated by a court. A ban on the activities of an association is a temporary preventive measure, the purpose of which is to eliminate facts of violation of current legislation identified by a justice agency or other law enforcement agency in the process of exercising control functions.

The transfer of relevant real estate with related land plots, which are in state or municipal ownership, to religious organizations is carried out free of charge. In the same manner, as a rule, by decision of the relevant executive authority, a religious association is endowed with certain powers of the owner. The transfer of religious buildings and structures into the ownership of religious associations entails property responsibilities for their functional use. Confessional associations have the right to own, use and dispose of religious buildings and structures only for the purpose of performing divine services and other religious rites and ceremonies provided for by internal regulations. Consequently, certain limitations on the powers of the owner are obvious. Lease agreements for buildings and structures transferred by state and non-state legal entities and individuals into the ownership of religious organizations must provide for their functional use by the tenant, which in fact means the legitimate possibility of the existence of such rental relations, the participants of which are only adherents of a given religion. Failure to comply with these conditions entails the invalidity of the lease agreement.

Executive authorities monitor the compliance of internal regulations of religious organizations, primarily charters, with federal legislation. If it is impossible to accurately determine whether the information and other provisions of the statutes comply with the law, the justice body has the right to suspend the registration procedure for a period of up to six months to conduct a state religious expert examination, the determination of the procedure for which is the exclusive responsibility of the Government of the Russian Federation.

The executive branch interacts with religious associations in determining the status of religious educational institutions. The secular basis of the education system in our country does not prevent the teaching of religious studies subjects in state or municipal educational institutions: the administration of such institutions has the right to satisfy the request of parents who have applied for the teaching of religious studies subjects on an optional basis. Thus, religious education or its basics can be obtained not only in institutions of denominational education, but also in state and municipal educational institutions.

The Federal Law of September 26, 1997 also provides for control over religious organizations. Control functions are carried out by:

1. Bodies of justice (statutory activities of a religious organization).

2. State Tax Service and Federal Tax Police Authorities (financial control).

3. FSB and Ministry of Internal Affairs of Russia (specialized control).

A special type of administrative legal norms in this area of ​​relations are the requirements of the Federal Law of September 26, 1997, which provide for unilateral obligations of executive authorities. A law enforcement official does not have the right to insist on interrogating a clergyman for confessional reasons; disclosure of the secret of confession is not allowed even in the case of serious criminal offenses or administrative violations. Thus, the law provides for the immunity of clergy in the sphere of administrative and criminal jurisdiction.

The non-participation of the Russian Orthodox Church (ROC) in state building and in the exercise of temporal powers of the executive branch should not be equated with the detachment of the church from solving fateful internal political problems. All internal church governance bodies of the Russian Orthodox Church have the potential to participate in the activities of executive authorities.

The development of the foundations of interaction between the Russian Orthodox Church and the state is the responsibility of its highest confessional body - the Local Council. During the period when the Local Council is not convened, these powers are exercised by the body reporting to it - the Bishops' Council of the Russian Orthodox Church. The Local and Bishops' Councils are the highest representative bodies of the Russian Orthodox Church, differing in the frequency of their convening. The Local Council must be convened at least once every five years, while breaks in meetings of the Council of Bishops cannot exceed two years. The Holy Synod is the only permanent body of internal church governance that exercises the powers of the Bishops' and Local Councils in the period between their meetings. The Patriarch of the Russian Orthodox Church presides at meetings of the Holy Synod.

The decisions of the Local and Bishops' Councils and the Holy Synod in the sphere of relations with the state are designed to contribute to the solution of the most important internal political problems. In case of crisis situations, the highest bodies of the church, guided by the doctrine of non-interference in the political and legal causes of disagreements, are called upon to facilitate the reconciliation of the warring parties. Thus, the Russian Orthodox Church plays the role of a spiritual arbiter in intrastate conflicts.

The separation of religious associations from the state (this is a clearer formula than the separation of church and state), enshrined in part two of Art. 14 of the Constitution of the Russian Federation, means that the state, its bodies and officials do not interfere in the issues of determining by citizens their attitude towards religion, in the legitimate activities of religious associations and do not entrust the latter with the performance of any state functions. At the same time, the state protects the legal activities of religious associations. Religious associations cannot interfere with state affairs and do not participate in elections of government bodies or in the activities of political parties. At the same time, religious associations can take part in the socio-cultural life of society in accordance with the legislation regulating the activities of public associations. These provisions are contained in Art. 8 of the Law of the RSFSR of October 25, 1990 “On Freedom of Religion.” Article 9 of the Law “On Freedom of Religion” is called “The secular nature of the public education system.” It establishes that education in state and national educational institutions is secular in nature and does not pursue the goal of forming any attitude towards religion. At the same time, in non-state educational institutions, privately at home or at a religious association, as well as electives (at the request of citizens) in all educational institutions, the teaching of religious doctrines and religious education is allowed. This provision should not be confused, as is often the case, with the possibility of including the Law of God or other religious disciplines in the official training program of state and municipal educational institutions. Secular education is incompatible with this.

Conclusion.

As we see, religion and law reflect the will of consciousness of one or another layer of society that has developed over the course of history, the coexistence of these social phenomena. Of course, maybe my point of view is also not ideal from the perspective of the views of a certain circle of people. Every person has the right to express his point of view and defend it. Everything depends on the ways, methods with which a person tries to prove his point of view, on their qualitative impact in relation to those who have the opportunity to analyze opinions, agree or disagree with them. Therefore, a person’s ability to convince other people, that is, to impose his opinion on him, regardless of the methods of this imposition, reflects a person’s ability to have power over people, over certain groups of society. This trend is a reflection of the conditions in which man exists. Both law and religion are the bearers of this power, without which the existence of the state and society is impossible.

Historically, religion, as a way of influencing consciousness, was the basic ideology for the implementation of legal norms. It was the starting point from which legal norms gradually developed, apparatuses and mechanisms for their implementation developed, and today law is a huge framework for the life of humanity, without which it is difficult to imagine life. Law regulates almost all spheres of social relations, including religious ones. But there are things beyond his control.

Still, law contains an imperative method of regulation, so there will always be problems in this area, especially in the field of law. It is impossible for legal regulation to reflect the will of the entire society; there will always be those whose interests will be infringed. Unfortunately, it is impossible to educate all people in the spirit of certain religious or other socially useful beliefs. There will still be those who will have a completely opposite point of view. If you look at things philosophically, then you can’t do without it. Nature has in advance laid in people the quality of opposites, a flexible mind and a variety of living conditions in which a variety of internal beliefs is born. When there is a conflict, a clash of beliefs, a dispute is born, which, as they say, leads to the truth. Because of the huge number of beliefs, a huge number of disputes are born, because of the huge number of disputes, many truths are born, and truth is a belief. The result is a vicious circle that will always lead to a clash of opinions and the truth will always have its price in resolving these conflicts. It’s a shame that the price could be people’s destinies and lives. But we can’t get away from this, that’s life! And this is my absolute opinion, which is basic when I consider certain problems, including the problem of the existence of religion and law.

Summarizing all of the above, it is necessary to note the special need for the existence of both law and religion. These are two huge spheres within which society exists, the ideality and elaboration of which is the key to the development of society. Therefore, studying, developing, and improving these areas are the most important tasks facing humans. In this course work, I tried to study and summarize some key points of the relationship between religion and law, their essence in society, in interaction with each other. I hope I succeeded.

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