The current state of state-confessional relations: development prospects and proposals for improvement

The scientific work is devoted to the study of the current state of state-confessional relations and some issues in this area. Certain aspects of the Law of Ukraine “On Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations” of August 20, 2024 are studied. A new function of administrative courts is formulated, assigned to them by the Law of Ukraine “On Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations” of August 20, 2024 and caused by the assignment to the jurisdiction of administrative courts of cases on administrative claims for the termination of a religious organization. Recommendations are provided for the introduction of new academic disciplines for study by law students in higher educational institutions, such as “Church (Canonical) Law”, “Law of Religious Systems”, “State-confessional Relations”, etc. The issues of alternative (non-military) service are analyzed in the context of the implementation of the duty of citizens to protect the Motherland and ensure their religious rights. Two potential models for protecting the rights of believers who cannot take up arms due to religious beliefs are described. The advantages and disadvantages of these models are described and one’s own vision of the problem and ways to solve it is proposed. Emphasis is placed on the fact that forcing citizens to choose between fulfilling a constitutional duty and saving their souls is an inappropriate step, as this will only lead to an increase in misunderstandings between the authorities and citizens. It is determined that the List of religious organizations whose beliefs do not allow the use of weapons, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 10, 1999 No. 2066, is narrow, vague and concerns mainly non-traditional Protestant denominations, while leaving out the layer of other pacifist religious movements. Article 73 of the Labor Code of Ukraine is analyzed. It is concluded that the legislator’s approach to determining the list and number of religious holidays is discriminatory and superficial due to the separation of the concepts of «Orthodox holidays» and «non-Orthodox holidays» and the established method of obtaining the opportunity for «non-Orthodox» employees to celebrate their religious holidays.