The relationship of religion and law nowadays turns out to become an issue among key factors within the terms of state and legal development of contemporary societies. The long-lasting and controversial history of the issue allows to point out comprehensive experience accumulated in the field. Nevertheless, actual crises and new challenges appearing nowadays call for proper reconsideration of general questions concerned the relationship of religion and law both in theory and in practice. Several points of the problem and vital questions in terms of the issue are discussed in the article. In modern Russia, an absolutely necessary thing is the understanding of a role of religion, defining of a position of the state on the matter and a role of law in religion and also the role of religion in modern legal development. Recognition of the rule of law shouldn't be connected with and caused by the requirement to ignore or deny religious factor in legal development. It is necessary to recognize and proceed from the obligation of the state to conform legal development to public needs and interests expressed in religious views of the citizens, occupying, in addition, extremely essential and traditional place in public consciousness and relations. The paper proves the need of creation of a certain mechanism, which could allow properly considering of religious factor in state and legal development. Establishment of a special council of religions of Russia which could be either the independent organization, or special division, for example, within the Civic Chamber of the Russian Federation, is offered as a possible organizational form.
Key words: religion, secularism, law, state, secularization of law, legal system, rule of law.
About the author
Elena V. Skurko – PhD (Law), senior research fellow at the Institute of State and Law of the Russian Academy of Sciences;