THE CONCEPT, STRUCTURE, LEGAL PERSONALITY AND PRINCIPLES CONSTITUTIONAL AND LEGAL STATUS OF THE CHURCH IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
State under the legislation recognizes the legal personality of a church, giving its constitutional and legal status and describing her position in society relative to other entities. Question about constitutional and legal status of a church requires an integrated research because today this issue holistically anyone not investigated. This article examines the different approaches to the concept of “legal status” and the structural elements of legal status. Formulated author’s definition of the concept of constitutional and legal status of a church and a list of its structural elements. We сonsider the legal personality of a church and the legal principles of its constitutional and legal status. The author analyzes the current legislation on the matter and present a proposal for its improvement. In addition, the article defines the concept of “church”, to identify features that define belonging to this category to identify the range of organizations covered by the special legal status of a church. The following conclusions are drawn: 1) the problem of the legal status of churches are not sufficiently processed in the current legislation of Ukraine. Disadvantages include lack worded definition of “church” and a clear definition of “religious organization”. 2) Taking into account all the importance of the principles necessary to maximally consolidate the principles that determined the state policy in the sphere of religion and its sovereignty in this matter. In addition, the fixed principles should be clear language and avoid them not uniform interpretation.
Authors and Affiliations
Т. В. Павроз
Keywords
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