Representaciones políticas y legales de las sinergias entre el estado y la religión Political and Legal Representations of the Synergies between the State and the Religion

The aim of the article is devoted to analyzing political and legal representations of the concepts of relations between two public institutions: the Church and the State, suggested by modern academics. Emphasis has been placed on the fact that the model of the religious and power synergy has been transformed by the existing system of values and is legally enshrined. The general dialectical scientific method enabled the authors to consider the problem of reformation of the religious legislation in the Russian Federation at the present stage; to demonstrate the changes in the religious legislation of the Russian Federation depending on a combination of internal and external factors affecting it. The results of the study let the authors draw the aCorrespondencia al autor E-mail: dina.alontseva@yandex.ru ISSN 2312-4253(impresa) ISSN 2078-4015(en línea) 221 Apuntes Universitarios, 2021: 11(1), enero-marzo ISSN: 2304-0335 DOI: https://doi.org/10.17162/au.v11i1.568 apuntesuniversitarios.upeu.edu.pe


Introduction
The beginning of the XXI century is characterized as a difficult and challenging time in all areas of society. It also includes the spiritual area, as over the past decades the process of the revival of Christianity has been outlined. Religious norms and Church dogmata are becoming fundamental in the life of the population. However, the atheistic era of the last century does not fully allow the formation of the spiritual revival of Russia. And, nowadays, the spiritual and moral crisis in the mindset of the country's citizens has not yet been overcome. Russian lawyer and philosopher I.A. Ilyin defined the relationship between the state and the Church: "The Church and the state are mutually alien -in establishment, in spirit, in dignity, in purpose, and in mode of action. The state, which tries to appropriate the power and dignity of the Church, creates blasphemy, sin and vulgarity. The Church that tries to usurp the power and sword of the state loses its dignity and changes its purpose... The Church should not take the sword -not for the propagation of faith, not for the execution of a heretic or a villain, not for war. In this sense, the Church is "apolitical"; the task of politics is not its task, the means of politics are not its means; the rank of politics is not its rank" (Ilyin, 1993). According to A. Nikolin, the state from the point of view of the Church is not only a means of organizing the life of the people, but at its core it is "a Union of spiritually solidary or spiritually co-belonging people, Nations, peoples" (Nikolin, 1997). The State and the Church must become the fundamental elements in the revival of Russian people's spirituality. As modern scholars have noted, "the Church as an organization should not participate in politics, but in a State governed by the rule of law, there should be no obstacles to uniting citizens according to religious principles of the world outlook" (Alontseva, 2011).
Patriarch Kirill of Moscow and all Russia stressed in one of his addresses: "we all enjoy freedom − such as has not been in the entire history of the Russian Church. We determine what the Church needs, and no one interferes in the decision-making of Church Councils, synods or hierarchs. This freedom is given to us as a kind of respite − we must be prepared for the fact that something may change in the future" (Patriarch Kirill, 2012). The Church remains loyal to the state and its authorities. But it has certain limits. If the government forces Orthodox believers to deviate from the faith and their Church, as well as to "sinful, spiritual acts, the Church must refuse to submit to the state" (Archpriest Vladislav Tsypin, 2001). According to Russian President Vladimir Putin, "If we are talking about the separation of Church and state, then in modern conditions we should talk about a different content of this secularism, and it should consist in the fact that a completely different regime of relations should be established between the state and religious organizations -a regime of partnership, mutual assistance and support" (Putin, 2012). The modern value system has transformed the model of the State and Church relations, giving it legal expression in the regulatory acts of the established systems of the law. As a rule, the constitutions of most democratic States enshrine the principle of the "secularism" of the State and Church relations, or separate laws establish the principle of the "autonomy" of religious organizations in the State system.  (Tkachenko, 2000).

Materials and methods
The methodological basis of the study comprises of general scientific, particular and special methods of cognition. The general scientific dialectical method allowed us to consider the problem of relations between the State and the Church at the present stage, to substantiate the advantages and disadvantages of various approaches to the study of this issue. It also enabled us to demonstrate the changes in Russian legislation regulating these relations depending on the totality of internal and external factors affecting it. With the help of formal logic methods, the author described transformations in the state-religious relations at the present stage and identified regulatory imperfections (Alontseva, 2019). Methods of scientific knowledge are used to conduct a study of current legislation to determine its compliance with the problem in question (Alontseva, 2019;Novikov, 2009). For the purpose of correlation of various legal norms in the article, the comparative-legal and formal-legal methods are used (Vydrina, 2018;Vasilevich, Kondratovich, and Prikhodko, 2006). The use of a combination of different methods has made it possible to solve the set of tasks and achieve the stated goal.
The method of the substantial analysis ensures the completeness, reliability, and consistency of the data obtained in the generalization process. The use of predictive methods helps to identify the trends in the development of the object studied and to provide a vision of possible positive or negative consequences of implementing the provisions of Russian religious legislation. The use of qualitative research methods (analysis and generalization, comparison, modeling, etc.) is driven by the need to formulate hypotheses and productive ideas, as well as by the desire to understand and explain the already available data.

Results
Based on the research that has been carried out, the authors have achieved the following results: 1. In the legal systems of modern states, the principle of "secularism" of the state, which 4. Freedom of conscience is a fundamental, inalienable human freedom, which is, in essence, a vector for forming the most optimal model of the relations between the State and the Church. As an independent, historically established phenomenon, it represents an opportunity for a person to choose moral guidelines and behave in accordance with them. Freedom of conscience is a universal comprehensive institution, which implies for citizens both the freedom of religious outlook of the "believer" and the atheistic worldview. 5. Despite the legislative regulation of the State and Church relations in Russia, the modern legal system regulating these relations is fragmentary character. In order to build an optimal system of relations between the State and the Church, it is necessary to develop and adopt a single normative act of the Religious Code or Code of Religious Organizations, which will legalize in detail the whole range of issues related to the State policy in religious affairs.
The suggested document should clearly distinguish between the concepts of "denomination" or "traditional religion" and "non-traditional religion" or a "sect," which will make it possible to legalize the status of religion and pseudo-religion at the normative level. I, speaks about ideal, "symphonic" relations between Church and power: "There are two greatest blessings, the gifts of the mercy of God to men -the priesthood and the kingdom. Each of these blessings given to people is established by God and has its own purpose. But from the same beginning, it manifests itself in unity, in joint activity" (Novikov, 2009 An existing position is offered by Vydrina (2011) The confessional policy in Russia began to take shape with the adoption of the Russian Constitution and Federal Law No. 125-FZ (1997). It reflected an attempt to bring the right of citizens to freedom of religion in line with the international legal covenants on human rights: the Universal Declaration of Human Rights, the Charter of Paris for a New Europe, the UN General Assembly Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Every citizen was given the opportunity to determine his or her own attitude towards religion, i.e. freedom of conscience.