LEGAL STATUS OF CHURCHES AND RELIGIOUS COMMUNITIES IN THE REPUBLIC OF SERBIA - POSITIVE LEGAL FRAMEWORKS AND THE ISSUE OF RELIGIOUS EQUALITY

Abstract

in the matter of legal regulation of the position and mutual relationship of churches and religious communities in the territory of the Republic of Serbia was analyzed. The research included the study of the Constitution of the Republic of Serbia, the Law on Churches and Religious Communities, the Law on Prohibition of Discrimination, as well as the Register of Churches and Religious Communities. It was established that the legal order of Serbia guarantees religious freedoms, rights and religious equality, and that the legal and by-law solutions in principle follow the constitutional concept of equality and religious liberality. On the other hand, certain differences between constitutional principles and legal provisions were observed, which may represent a direct or indirect form of violation of religious equality and one of the forms of legalization and legitimization of discrimination on religious grounds. In this sense, the legal separation of "traditional" churches and religious communities, as well as legal exemptions from discrimination regarding the actions of clerics and religious officials, are primarily highlighted.