Only a small part of the monks remained in the "old" monastery.

Only a small part of the monks remained in the "old" monastery.

Civil Procedure Code of Ukraine of 18.07. 1963 regulates the protection of human rights in court, including religious ones. In addition, the CPC of Ukraine contains a separate Chapter 31-B of complaints against decisions taken in relation to religious organizations.

The Criminal Code of Ukraine of 05.09. 2001 provides for a number of articles providing for sanctions for violations of religious rights. This is Art. 161 of the Criminal Code of Ukraine "Violation of equality of citizens depending on their race, nationality or religion" Art. 178 of the Criminal Code of Ukraine "Damage to religious buildings or places of worship" Art. 179 of the Criminal Code of Ukraine "Illegal maintenance, desecration or destruction of religious shrines" Art. 180 of the Criminal Code of Ukraine "Obstruction of religious rites" Art. 181 of the Criminal Code of Ukraine "Encroachment on human health under the pretext of preaching religious beliefs or performing religious rites."

However, certain aspects that should be provided with criminal law protection were left out of consideration, in particular, criminal liability for disclosing the secrecy of confession, forcing a priest to testify or testify. In addition, we can draw attention to the positive experience of foreign countries, in order to maximize the protection of religious rights, which recognize criminal offenses: "religious activities related to the obstruction of citizens to exercise their civil rights or duties, with forced collection of fees and the imposition of believers or the application of measures that degrade the honor and dignity of the person, or forced to receive religious education, or when a citizen determines his attitude to religion, to confession or non-confession of religion … "(Part 2 of Article 154 of the Criminal Code Uzbekistan).


The international mechanism for guaranteeing human rights takes place at three levels:

within the UN (Human Rights Commission of the Economic and Social Council, UN Committees: Human Rights, Discrimination). within Europe: the European Commission of Human Rights, the European Court of Human Rights, the Council of Europe Commissioner for Human Rights. within the state: the ombudsman, the State Committee of Ukraine for Religions (its activities are regulated by the Decree of the President of Ukraine "On Regulations on the State Committee of Ukraine for Religions" of 11/14/2000 No. 1229/2000), which has a board, expert council, may to form a scientific (scientific-advisory) council and other advisory bodies, courts, local councils and their executive committees and other bodies of state power and local self-government.

As practice shows, the most effective defender of religious rights is the European Court of Human Rights. As a result of the Court’s work, more than 45 cases were published, the applicants claiming under Art. 9 of the European Convention for the Protection of Human Rights, which proclaims the right to freedom of religion.

Limits of exercising religious rights. The relationship between the state and the church

The realization of human rights is linked to the problem of the limits of human rights. That is, we exercise our right as long as it does not contradict and infringe on the rights of another person, on the general social interest. Therefore, there is a need to clarify the boundaries of religious rights. Such boundaries are understood as various natural and social phenomena.

As for the natural limits of human rights, they are determined by biological, physiological, ecological properties of man. As for social boundaries, they are due to the fact that a person lives in an environment of his own kind, that is, society, which imposes certain restrictions on him. The limits of human rights are established both in national legislation and in international human rights instruments.

In particular, the International Covenant on Civil and Political Rights in Part 3 of Art. 18 establishes that the freedom to practice a religion or belief may be subject only to such limitations as are prescribed by law and are necessary for: 1. the protection of public safety; 2. order; 3. health; 4. morality; 4.fundamental rights and freedoms of others. In national law, in particular in Part 2 of Art. 35 of the Constitution of Ukraine and Part 4 of Art. 3 of the Law of Ukraine "On Freedom of Conscience and Religious Organizations" are similar rules. That is, the legal regulation and activities of public authorities can not narrow the scope of religious rights, which is defined by these boundaries.

Since the restriction of religious rights is carried out mainly by state bodies, and religious rights depend only on believers who unite in religious organizations, the question arises about the relationship between religious organizations (churches) and government agencies (states), the limits of their interaction and cooperation.

Part 3 of Art. 35 of the Constitution of Ukraine clearly states that the church and religious organizations in Ukraine are separated from the state, and the school – from the church. No religion can be recognized as obligatory by the state.

St. 5 of the Law of Ukraine "On Freedom of Conscience and Religious Organizations" contains a similar article. Under Part 3 of this article, the state protects the rights and legitimate interests of religious organizations; promotes the establishment of relations of mutual religious and ideological tolerance and respect between citizens who profess a religion or not, between believers of different religions and their religious organizations; takes note of and respects the traditions and internal guidelines of religious organizations, as long as they do not contradict current legislation. The state does not interfere in the activities of religious organizations carried out within the law, does not finance the activities of any organizations established on the basis of attitude to religion.

In this way, the state defines the limits of its powers in relation to religious organizations, and on the other hand endows religious organizations with certain rights and responsibilities. That is, one way or another, the church exists within the legal field created by the state. However, the state in turn is influenced by the church. The church has a decisive influence on some of its citizens who belong to this church, the church creates its own system of norms (church law), which regulates internal relations between its members and external – with society, the church significantly influences the formation of ideology in the state, moral and other social norms, at the level of legal culture, can assist the state in performing its functions.

Regarding the latter, Part 6 of Art. 5 of the Law of Ukraine "On Freedom of Conscience and Religious Organizations" stipulates that religious organizations do not perform state functions. Whereas in real life there are many areas for cooperation and mutual assistance between the church and the state. One of them is the establishment of the institute of chaplaincy in the Armed Forces of Ukraine.

Almost all scholars agree that the institution of chaplaincy should be introduced, because, first, it will contribute to the implementation of Part 3 of Art. 21 of the Law of Ukraine, which allows servicemen to participate in worship and religious rites, in addition, sociological research shows that the presence of a chaplain has a positive effect on the performance of military duties, raises the morale of the army, reduces suicide and more. However, there are still ongoing disputes over the legal status of chaplains, as well as the peculiarities of the actual religious rights of believers of different denominations.

The points of contact between the church and the state are, as already mentioned, in the process of educational activities, implementation of family law, church participation in the rehabilitation of persons serving sentences of imprisonment, in the process of socialization of homeless children and children deprived of parental care.

In all these areas, the cooperation of church and state, as evidenced by foreign experience and sociological research, can yield tremendous results. But at present in Ukraine there is no legal basis for such cooperation, although it is not on a large scale and is due to the enthusiasm of some representatives of both parties.


Far and Near Caves of the Kiev Lavra. Abstract

The history of the Holy Dormition Kiev-Pechersk Lavra goes back centuries and begins with the Far and Near Caves and is inextricably linked with them.

There are several opinions about when St. Anthony settled in one of the Varangian caves, which are part of the present Far Caves, but most scholars attribute this event to 1051. And this date is considered the date of the foundation of the Kiev-Pechersk Monastery. 12 monks gathered around St. Anthony, new cells were arranged, and the reconstruction of the present Far Caves began.

In 1057, St. Anthony, who aspired to solitude, appointed St. Barlaam, who became the first abbot of Kyiv-Pechersk, to be the eldest of the fraternity. Anthony himself moved to another slope, where he dug a new underground cell for himself – today it is the Near Caves. But here, too, monks soon gathered near St. Anthony. Thus arose two complexes of caves of the underground monastery: Near, or Anthony and Far, or Theodosius.

During the abbotship of St. Theodosius in 1060-1062 a wooden monastery was built over the Far Caves, where the brothers from the caves moved. Its number was about 100 people, which was a lot even for Greek monasteries.

There was a need for a charter – a set of rules governing the life of the monastery. That is why the Reverend Theodosius sent one of the monks to Constantinople to the eunuch Ephraim, so that he could rewrite the Studio Statute and bring it to Kyiv. At this time, Metropolitan George arrived in Kyiv and with him – one of the monks of the Studio Monastery named Michael, who accompanied the bishop and who handed over the monastery’s monastic charter. Based on these two options, the charter of the Pechersk Monastery was created. It should be noted that, unlike the Far Caves, there was no ground monastery in the Near Caves in the Old Russian period.

With the completion of the construction of the Assumption Cathedral in the mid-70’s of the XI century. the center of the Pechersk Monastery moves to the territory of the present upper Lavra. Only a small part of the monks remained in the "old" monastery. Near and Far caves became a place of solitude of ascetics and a place of burial of the dead brotherhood. St. Anthony was the first to be buried in the Near Caves in 1073, and St. Theodosius in 1074 in the Far Caves.

German scholar LN Gitz in his work on the history of the Kiev-Pechersk Monastery notes that the beginning of the custom of burying monks in caves was laid during the abbotship of St. Nikon, who brought it from Tmutarakani.

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