The Seal of Confession under the Legislation of Ukraine

The article is devoted to the study of the seal of confession legal protection under Ukrainian legislation in the circumstances of its formation and development. The analysis provides grounds to draw conclusions concerning the “three levels” of regulation and protection of the seal of confession by the Ukrainian legislation, depending on the conditions and circumstances of the confession. The general legal protection of the seal of confession is accomplished through the provisions of the Law “On Freedom of Conscience and Religious Organizations” as well as procedural codes regarding the prohibition of demanding the information obtained from believers by clergymen during the confession and interrogating them as witnesses. Information entrusted to a military chaplain by a serviceman has a higher degree of legal protection and it acquires the status of confidential information. The highest degree of legal protection under Ukrainian legislation is established for confessions of guilt made in penitentiary institutions. For such confessions, prohibitions on the disclosure of information apply not only to priests, but also to other persons: employees of penitentiary authorities, courts and interpreters. There are also positive obligations to create conditions for confession and ensure its secrecy.