Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

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CONTEMPORARY PROBLEMS OF SOCIAL WORK
existence on the basis of free ideological choice and lawful behavior based on said choosing 
without restrictions in other civil rights and liberties, or their loss [1].
The content of the freedom of conscience include the right, individually and or together with 
other available form, choose, change, distribute, convictions and act in accordance with them, 
without prejudice to the freedom and personal dignity of others [20].
Awareness of diversity and respect for the relationship of faith and knowledge of different 
people in the community is a major aspect of freedom of conscience in the realities of the 
present.
Freedom of conscience is the core of human identity – it can be said that the right to be 
human. Free choice is the ideological basis of the free choice of political, legal, democratic and 
social state.
From the implementation of the system-dependent right: the individual’s ability to fulfill 
your potential in a person; to overcome the contradiction between the trends caused by 
advancing the development of civilization and human nature; the state’s ability to sustainable 
development without social upheavals and shocks; the ability of the international community 
to find ways to address the global challenges facing humanity.
In a global context of freedom of conscience is a prerequisite for overcoming the 
fragmentation of humanity, international integration and solving complex global problems.
Freedom of religion is inextricably linked with the notion of individual freedom, which in 
turn is an essential component of individual freedom. According to Professor F.M. Rudinsky, 
individual freedom is realized outside the state framework, “mediates and is manifested in the 
system of social relations and relations, expressing such an important integral of the good 
person, as the sanctity of life, dignity, conscience, personal security man. A specific feature of 
individual freedom (as opposed to political , economic, cultural) that it embodies individually 
unique human abilities and provides the possibility of self-determination of the individual. The 
true individual freedom is the prohibition of illegal interference in the private lives of citizens, 
the denial of totalitarian control over the individual “.
In turn, individual freedom embodied in civil human rights. “These rights individualize 
personality contribute to the manifestation of the best spiritual interests, aptitudes, personal 
skills. They guarantee a seamless choice of different behaviors in individual freedom”.
It should be noted that in legal science there is no consensus about the place of the freedom 
of conscience in the human rights system. According to the author, the freedom of conscience, 
freedom of ideological choice is the foundation of freedom as such, the backbone of human 
rights law system. It appears not entirely correct to say that one right is more important than 
the other. But without the proper exercise of freedom of conscience of the whole system of 
human rights is subject to threats.
Free choice is the ideological basis of the free choice of political, legal, democratic and 
social state. The encroachment upon the freedom of conscience accompanied by an increased 
risk of transition to non-alternative political system to the authoritarianism of power to the 
massive violations of human rights, to the growth of xenophobia, intolerance, discrimination 
and violence on their soil.
We can not say that the question of the content of freedom of conscience and his relationship 
with the other key categories settled finally and definitely. The same applies to the theoretical, 
and as a result of legislative restrictions on freedom of conscience, as a result of its decision at 
the discretion of the authorities.
Freedom of conscience is a multidimensional phenomenon, affecting various aspects 
of society. Accordingly, there are numerous approaches to the understanding of freedom of 
conscience [15].
For the first time pronged approach was proposed F.M. Rudinskiy, who believes that “the 
multidimensional nature of this freedom determines the fact that it can be the subject of study 

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VOLUME 2, No. 1, 2016
of various social sciences: philosophy, ethics, political science, law... So, when we speak of 
freedom of conscience in the moral and philosophical sense, we have to mind, first of all, the 
freedom of man in the sphere of moral relations, the ability to act according to the dictates 
of their conscience, while respecting social, including the rule of law... in sociological terms 
freedom of worship – spiritual value, an important social benefit, the company created as a 
result of historical development... in political terms, the exercise of freedom of conscience – 
one of the aspects of democracy, its socio-political content is determined by the nature of 
the social system, the nature of state power, the political regime, the level of development of 
science and culture, the church’s role in the political and spiritual life of society, historical 
traditions that exist in the country, other factors”. Subsequently, the aspect approach began to 
adhere to many researchers.
The theoretical legal sense approaches to the problem of freedom of conscience include two 
related meanings: a subjective right and as an objective law, i.e. legal institution.
Freedom of conscience as a subjective right implies the possibility of the person to have 
beliefs and to act in accordance with them, provided wrongfulness behavior [9].
In legal terms, freedom of conscience is regarded as a legal institution, i.e., as a set of legal 
norms regulating social relations that arise in the implementation of this freedom. In other 
words, the legal institution of freedom of conscience is a legal dimension of this freedom.
The most obvious indicators of the state of implementation of the freedom of conscience 
and freedom of religion are the numerous violations of the rights of individuals and religious 
communities, which are manifested in the form of discrimination, intolerance, xenophobia and 
violence on their soil.
At the same time there are serious problems, such as the classification of violations of the 
constitutional freedom of conscience and freedom of religion, and in the definition of key 
concepts. The fact that the system research on the subject, until recently, were not carried out 
[17].
Under intolerance and discrimination based on religion or belief is commonly understood as 
any distinction, exclusion, restriction or preference based on religion or belief and having the 
purpose or effect of nullifying or removing the recognition, enjoyment or exercise, on an equal 
footing of human rights and fundamental freedoms. This concept originates from the Latin 
word discriminatio (distinction) in a certain basis (race, gender, religion, etc.).
The term “xenophobia” theory developed very weak and does not apply to the Russian legal 
system. Accordingly, the relationship of wrongful acts and xenophobic views, under which they 
are made, are not always obvious and question the correctness of its detection is debatable. It is 
believed that xenophobia (from the Greek 
ξένος
 – alien and 
φόβος
 – fear) is hatred, intolerance 
or aversion to anyone or anything alien, unfamiliar, unusual.
According to the author, from a legal point of view it is more correct to use the concept of 
discrimination, intolerance and xenophobia «based on ideological affiliation» rather common 
«on the grounds of religion or belief».
This approach is based on the awareness of the lack of legal definition of «religion» and 
the narrowness of the concept of «belief». It is understood that the world is a system of views 
on the world and place him as a man, on the relation of man to the reality around him and to 
himself, as well as due to these views, basic life attitudes of the people, their ideals, beliefs, 
principles, values. Accordingly, the conviction is an element of philosophy, which gives a person 
or social group confidence in their views, knowledge and assessments of reality.
Among the most important guarantees of freedom of religion and protection against 
discrimination are constitutional principles of secularity and equality of religious associations 
(Article 14), equality of rights and freedoms, regardless of... religion, beliefs (Part 2, Article 
19), etc. Violation of the principle of secularism as a disavows certain types of guarantees and 
safeguards system as a whole.

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