Criminal liability for obstruction of religious rites as a component of criminal law protection of freedom of religion in Ukraine

It is indicated that in Ukraine, freedom of religion is a guaranteed right, which is stated in Article 35 of the Constitution of Ukraine: “Everyone has the right to freedom of thought and religion.” This right includes the freedom to choose, change religion or beliefs, and the right to publicly express one’s religious views. Ukraine is a party to a number of international agreements that protect freedom of religion, in particular, the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Freedom of religion is one of the fundamental human rights guaranteed by international treaties and the Constitution of Ukraine, as it is an important component of a democratic society that ensures the right of everyone to freedom of thought, conscience and religion. In Ukraine, this right is enshrined in Article 35 of the Constitution, as well as in a number of international instruments to which our country has acceded. As for the criminal law protection of religious freedom in Ukraine, it aims to protect citizens from violations of this fundamental right. This right includes the freedom to profess any religion or not to profess any, to freely worship individually or collectively, and to conduct religious activities.” In the wake of the national revival, taking into account the growing role of religion in the spiritual life of Ukrainians and changes in the stereotypes of public consciousness, the legislator in the Criminal Code of Ukraine provided for several articles designed to ensure criminal legal protection of freedom of religion (Articles 178, 179, 180 and 181 of the Criminal Code of Ukraine). The article reveals the problematic issues of qualification of obstruction of religious rites, draws attention to the illegality of obstruction and disruption of a religious rite, and also to the aspects of the conceptual nature of “religious rite”. According to this article, a person who interferes with the performance of a religious rite or the service of a religious cult (for example, obstructs the performance of religious rites, persecutes for religious beliefs, prohibits the performance of religious practices) is subject to punishment. The research in the article is the impetus for a deeper understanding and critical assessment of the current version of Article 180 of the Criminal Code of Ukraine, which leads to the identification of shortcomings and proposals for appropriate changes.