The right to substitute the fulfillment of certain legal obligations that are incompatible with a person’s religious or other beliefs: a general theoretical aspect

The article examines the general theoretical aspects of the right to substitute the fulfillment of certain legal obligations that are incompatible with a person’s religious or other beliefs. It is emphasized that this possibility is part of the freedom of religion and is closely connected to legal obligations. It is stated that a person’s legal obligation is the necessity of certain behaviour determined by the needs of other members of society and society as a whole, enshrined in legal norms and ensured by the state. The fulfillment of legal obligations is significantly influenced by a person’s beliefs, particularly religious ones. The concept of the right to substitute the fulfillment of certain legal obligations incompatible with a person’s religious or other beliefs is defined as a subjective legal right as follows: it is the possibility of replacing the performance of one legal obligation with another, motivated by a person’s religious or other beliefs, enshrined in the legislation of Ukraine and ensured by the state. It is noted that the legal obligations whose performance in Ukraine (and in other states) may conflict with a person’s religious or other beliefs include the following: military service, and in some cases, alternative service; taking a religious or other oath in cases prescribed by law; mandatory medical treatment and disease prevention (such as vaccination); obtaining a taxpayer identification number; participation in state or religious rites (ceremonies), and others; prohibition of wearing certain clothing or religious symbols. The article formulates proposals for improving Ukrainian legislation regarding the exercise of the right to substitute the fulfillment of certain legal obligations incompatible with a person’s religious or other beliefs. It is proposed to proclaim in Article 35 of the Constitution of Ukraine of June 28, 1996, the right to substitute the fulfillment of certain legal obligations incompatible with a person’s religious or other beliefs, and to specify this right in the Law of Ukraine “On Freedom of Conscience and Religious Organizations” of April 23, 1991, as well as in other normative legal acts of Ukraine. The need to improve the regulatory provisions on the performance of alternative service during the period of martial law in Ukraine is emphasized.