Article 7419

Title of the article



Emelin Mikhail Yur'evich, Candidate of juridical sciences, associate professor, branch of Moscow University named after S. Yu. Witte in Penza (25B, Vyazemskogo street, Penza, Russia), E-mail:
Nikolaev Boris Viktorovich, Candidate of juridical sciences, associate professor, sub-department of criminal law, Penza State University (40, Krasnaya street, Penza, Russia), E-mail: 

Index UDK

340.143 (73) 




Background. The issues of the realization of religious rights and freedoms and their interaction with other rights acquire new aspects and features in the modern world. At the same time, the main problems are concentrated in the context of the implementation of the duties of citizens before government. In this regard the practical experience of the US Supreme Court in resolving such disputes is of particular importance. The subject of the research is public relations arising from the exercise of citizens’ rights to exemption from military service for religious reasons. The purpose of the work is to analyze the genesis of the development of principles of exemption from military service for reasons of conscience in the practice of the US Supreme Court.
Materials and methods. The implementation of research tasks was achieved on the basis of an analysis of the main judicial decisions of the US Supreme Court, in which there is justification, development of certain aspects of military service exemption for religious reasons. The cases including The United States v. Macintosh, the United States v. Seeger, and Welsh v. United States have a special place in this study. The methodological potential includes methods of comparative legal and historical legal analysis, which allow to compare the content and importance of legal regulation of fundamental decisions of the US Supreme Court for the development of theory and practice.
Results. The formation and development of the right to exemption from military service for reasons of conscience in the decisions of the US Supreme Court are investigated. Grounds for its occurrence are analyzed. The main criteria for its provision are identified.
Conclusions. The study of the US Supreme Court decisions allows us to clarify the grounds, conditions for granting and the content of the right to exemption from military service, to take into account foreign experience in ensuring religious rights in the field of military service. 

Key words

freedom of conscience, freedom of religion, military service, exemption from military service, US Supreme Court 

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Дата создания: 10.04.2020 13:29
Дата обновления: 23.04.2020 10:56