scholarly journals LEGALIZATION OF NON-TRADITIONAL MARRIAGES AS A FACTOR UNDERMINING THE MORAL BASIS OF THE FAMILY AND LEADING TO THE REJECTION OF CHRISTIAN VALUES

2020 ◽  
Vol 9 (2) ◽  
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva ◽  
Alexandra Vladimirovna Plotnikova ◽  
Yulia Nikolaevna Kirichenko ◽  
Alexey Vladimirovich Medvedev
Keyword(s):  
Modern Society ◽  
Cultural Development ◽  
The State ◽  
Traditional Values ◽  
Main Research ◽  
Legal Norms ◽  
Judicial Practice ◽  
Moral Basis ◽  
The Family ◽  
Traditional Marriage

The goal of this research article is to demonstrate that non-traditional marriages not only undermine the moral basis of the institution of the family, and lead to the rejection of traditional values. In order to examine this problem, comparative analysis was chosen as the main research method. Through the exploration of international experience and comparing legal norms, repeating the same mistakes in the area of domestic law and judicial practice can be avoided. This approach also facilitates the assessment of the effectiveness of solving various problems of law enforcement associated with the institutions of marriage and as a consequence, family in modern society. Additionally, the authors employed some other general and private scientific methods. Based on the findings of this work, the following conclusions were drawn: non-traditional marriage is a relationship in which the number of participants, their gender, the method of marriage registration, as well as the method of choosing a partner differ from the generally accepted standard of “the man and the woman” to meet sexual interests and needs of the participants. It is noteworthy that family is the basis of the state, national identity, and cultural development. Without a family in its traditional sense, it is impossible to preserve traditions and to pass them on from one generation to another. Therefore, it is imperative for us and our legislators to seriously consider the legalization of the concept of non-traditional marriages so that they are prohibited and the individuals who are looking to enter into such marriages are persecuted, since these newfangled Western trends are aimed at the destruction of state values and the inexorable degradation of the state itself.

scholarly journals Agama dan Pernikahan Pasangan Beda Agama di Sendangmulyo Semarang

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Irma Putri Fatimah ◽  
Amirudin Amirudin ◽  
Af'idatul Lathifah
Keyword(s):  
Religious Beliefs ◽  
Modern Society ◽  
The State ◽  
State Agency ◽  
Life Choices ◽  
Interfaith Marriage ◽  
The Family ◽  
The Future ◽  
Interfaith Marriages ◽  
The Right

Marriage is the dream of every couple, where marriage is one of the highest forms of commitment in every individual relationship that makes love. In practice marriage is the dream of every couple to continue to be together to build a household. However, the couple's desire now becomes complicated when the marriage is difficult because of different religious beliefs. The difficulty of the legality of interfaith marriages in Indonesia becomes a polemic of interfaith couples in carrying out their marriage legally in the state or religion or even opposition faced with the family. Given this interfaith marriage today is still intensively carried out even though in practice it is difficult to implement and many problems will arise in the future. Indonesia is indeed known as a multicultural nation where differences in culture and religion are inevitable, one of which is the phenomenon of interfaith marriages now that Indonesia has five legitimate religions and streams of belief that are still developing in modern society. The state agency appointed to legalize the holy marriage is still a long-standing polemic for some couples who want to formalize their marriage. However, because they want to keep each of their beliefs, the state fully regulates marriages that require couples to marry with the same beliefs and religions, whereas in practice citizens are free to make their own choices and have the right to be happy in determining their life choices, including in terms of marriage and determining their life partners each

A Clash of Legal Norms

2017 ◽  
Vol 5 (2) ◽  
pp. 87-116
Author(s):  
Seth Tweneboah
Keyword(s):  
Human Rights ◽  
The State ◽  
Traditional Values ◽  
Legal Norms ◽  
Political Modernization ◽  
Continued Use

This paper explores the reasons for proscribed sanctions and their effects on contemporary Ghana. I contend that the sacred office of the Ghanaian chief, which is legitimated by spiritual and legal norms, plays an ambivalent role in Ghana’s legal and political modernization. Using banishment as a case study, the paper pays attentions to how the continued use of proscribed sanctions, among other chiefly actions, raises an ambivalent challenge to Ghana’s laws, its sovereignty, and its commitment to human rights. I propose actions that may aid the state in overcoming these challenges and successfully integrating modern norms with ancient traditional values.

scholarly journals The Development of Regulation of the Family and Marriage Institutions in Russia in the Context of the Decisions of the European Court of Human Rights

Legal Concept ◽  
2020 ◽  
pp. 144-153
Author(s):  
Evgeny Mamay ◽  
Julia Ermakova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Gender Issues ◽  
The State ◽  
Russian Society ◽  
European Court ◽  
The Family ◽  
The Russian Federation ◽  
Traditional Marriage ◽  
Family And Marriage

Introduction: the institution of marriage is the pillar of every society and state and forms their material, spiritual, psychological and even ideological basis. The state is inextricably linked with the family and marriage. Changing each of the elements of this interaction leads to the radical changes in the entire system, so the state must regulate these social institutions in a certain way. Modern Russia strives to achieve a reasonable balance of human rights and freedoms, develop a democratic society and work closely with the international community while preserving the established moral foundations and traditional values related to the institution of the family and marriage. The purpose of the publication is to determine the current state and prospective vectors of development of the state policy in relation to the institution of marriage. The research methodology is based on the use of the logical, dialectical techniques and methods of scientific knowledge, the comparative legal and legal-technical analysis of the texts of laws and other documents. Results: the paper analyzes the scientific literature, the Russian and foreign legislation, the international legal acts and decisions of the European Court of Human Rights in order to determine the efficiency of the state policy in this area, establish the criteria for achieving a sufficient balance between the non-interference of the state in the gender issues and maintaining the institution of traditional marriage in Russia. The conducted research of the issue suggests that in general, the legislation of the Russian Federation concerning the family and marriage relations is quite stable, but in response to the challenges of modern times, it is undergoing a certain reform. Conclusions: the practice of implementing the European Convention on Human Rights requires that the Russian legislation be seriously reformed in terms of regulating the gender issues and marital and family relations. In recent years, the Russian Federation has repeatedly lost cases in the European Court of Human Rights (ECHR), without being able to defend the fairness of its position. According to the authors of the publication, the solution to this problem is possible by reviewing certain international obligations of Russia in the context of their interpretation of the ECHR, as well as forming a consolidated position in Russian society regarding the institution of traditional marriage and the gender relations. These changes should be reflected in both the domestic legislation and the legalized law enforcement practices. The authors consider the achieved level of tolerance of Russian law regarding the institutions of the family and marriage to be extremely sufficient for the preservation and sustainable development of Russian society.

scholarly journals Traditional marriage and family relations of the Albanian population from Kosovo and Metohia in the light of Leka Dukajini Code

Stanovnistvo ◽  
2002 ◽  
Vol 40 (1-4) ◽  
pp. 129-145 ◽  
Author(s):  
Jelena Predojevic
Keyword(s):  
Family Relations ◽  
Traditional Values ◽  
Way Of Life ◽  
Marriage And Family ◽  
Raising Children ◽  
The Family ◽  
Albanian Population ◽  
Traditional Marriage ◽  
Almost All ◽  
The Way

The Leka Dukajini Code (LDC) influenced the way of life of Albanian population to a great extent. It represents a set of rules and norms by which they regulated their relations, and it is believed that they still do so presently as well to some extent. Taking into consideration that LDC includes almost all social, economic and moral spheres of life, this paper analyzes the fields which contribute to the familiarization with the conditions in which the Kosovo and Metohia population developed, such as the organization of the patriarchal family, marriage relations, the position of women, inheritance, and similar. The patriarchy with Albanians is still present today, especially in the villages, and here and there in towns, despite the escalated process of urbanization and industrialization. Manifestations of this patriarchal way of life are reflected through the maintenance of the institutions of family clans, whose characteristics are a large number of families, mutual property and production means, mutual production and consumption as well as communal living. A large number of authors believes that in the ethno-psyche of every Albanian there are still roots of will and sympathy towards clans. A clan is governed by its head, and his authority, although established on the interests of the group, presents limited individual freedom for the members of the family because it is expected from them to respect the will of the head of the family. Family clans in the eyes of others represents a secure way of life. Common law arose and developed under cruel life conditions, codified the way of life and in that way neglected individuality yet imposed the group, large families, solidarity and submissiveness to authority. The whole LDC is imbued with religious spirit, which is most obviously expressed with the institution of marriage. It also puts the woman in the worst position, who is not respected as a women, who has no right in decision making, and the more she neglected herself in interest of her husband, children and family, the more male children she gave birth to, the more she was respected in the family. Such discriminatory treatment of women is considered an integral part of the 'view' on life of Albanian society. In a life which brought little satisfaction to the woman, and much suffering, frustration, rejection and humiliation, the only meaning of life would represent giving birth and raising children. However, the following question is imposed: how much a woman, neglected, without influence outside the family, poorly educated and unprepared for life, is capable for the role of a mother. If she is the first tutor of the children, and in addition uneducated, how can education and progress be expected. It is also stated that the woman is regarded as the bearer, namely guardian of traditional values, although they are turned against herself. Women regard the innovations with great distrust and cautiousness and will accept it only if they are sure that they will not be responsible for endangering the continuity of the traditional way of life and interests of her relatives.

scholarly journals Problems and Prospects of Research of Legal Life of a Person and Society

2018 ◽  
Vol 5 (1) ◽  
pp. 96-101
Author(s):  
E A Popov
Keyword(s):  
Social Sciences ◽  
Public Relations ◽  
National Culture ◽  
Legal System ◽  
Essential Elements ◽  
Cultural Development ◽  
Traditional Values ◽  
Legal Norms ◽  
The Relationship

The article considers the phenomenon of legal life of man and society. Special attention is paid to the peculiarities of the investigation of this phenomenon in the jurisprudence and social Sciences. The role of legal life in the development of public relations and the overall legal system of the state. Axiological approach to the study of the legal life of man and society combines the efforts of law and social Sciences in the study of this phenomenon. This legal life is seen in a number of other independent phenomena and phenomena and legal reality, the legal mentality and law. These phenomena in scientific discourse as the phenomena relate to: 1) complement each other in meaning;2) showing the dynamics of the formation and consolidation of the society of legal values, based on the preservation of traditional values and norms; 3) constituents of the essential elements of any legal system in any historical time;4) inf luencing the formation of those or other legal norms and rules; 5) defining the nature of the relationship with different entities in law. Identify features of the legal life of man and society has an undeniable value for modern Sciences and knowledge. It is the legal life extends to all human individual and collective existence, affects the traditional values and norms. The article made the following conclusions: 1) the legal life connected with the daily life of a person; 2) legal life based on ancestral values, as well as cultural universals that are present in every national culture; 3) it becomes one of the factors of socio-cultural development of societies and States; 4) has an impact on the legal reality, since it ref lects the legal expectations of individuals; 5) appeals not only to the system of law and legal norms, but also to ethics, morals, principles of social justice and freedom.

scholarly journals FAITH IN RELIGIOUS CONSCIOUSNESS STUDENT YOUTH BIIK BURYATSK INSTITUTE OF INFOCOMMUNICATIONS (BIIK SibGUTI)

2020 ◽  
Vol 6(72) (3) ◽  
pp. 16-23
Author(s):  
S. B. Rinchinova
Keyword(s):  
National Identity ◽  
Religious Identity ◽  
Modern Society ◽  
Self Awareness ◽  
State University ◽  
Traditional Values ◽  
Sociological Study ◽  
Religious Consciousness ◽  
The Family ◽  
The Media

In modern society, there is an active process of the revival of religions, reflected in the formation of the religious consciousness of young people, including students. Youth is included in the religious system under the influence of the family, the media, advertising and the promotion of religious ideas. Faith in God is one of the indicators of the development of religious consciousness among students. In Buryatia, the religious life of society is associated with faiths that historically shape religious consciousness: shamanism, Buddhism, Christianity, accompanied by an increase in the construction of temples, datsans, the opening of shamanistic ritual places of worship, etc. In connection with the increase in the religious activity of society, a sociological study was conducted among students of students studying at the Buryat Institute of Infocommunications, a branch of the Siberian State University of Telecommunications and Informatics. The results of the analysis showed that the majority of students believe in God and have a religious consciousness, while Orthodoxy and Buddhism are dominant in determining the religiosity of respondents. Christianity in the form of Orthodoxy and Catholicism is also represented in the religious consciousness of students. At the same time, Orthodoxy is predominant among students, indicating religious identity in the unification of the peoples of Russia. Belief in Buddhism in religious consciousness is identified with the ethnicity of the Buryats. Shamanism and Buddhism as a belief in deities are separated, along with this they have common ideas in a single substrate of religious consciousness. The process of the revival of Orthodoxy, Buddhism and shamanism continues, students, on the basis of faith in God, identify themselves with religions on ethnic, social, ideological grounds, which in our opinion is associated with the growth of national identity of ethnic groups. Faith has become an indicator of ethnic and national identity, positively influencing religious self-awareness, strengthening the cultural traditional values of our state. The purpose of the study is to identify the characteristics of faith in the religious consciousness of students of the Buryat Institute of Infocommunications to obtain objective results of the development of youth religiosity.

scholarly journals Modern Investment Legislation And Judicial Practice Are The Legal Guarantee Of Effective Reforms

2021 ◽  
Vol 03 (09) ◽  
pp. 30-39
Author(s):  
Zaynobiddinova Farangiz Baxtiyor Qizi ◽  
Keyword(s):  
Scientific Work ◽  
The State ◽  
Investment Climate ◽  
Effective Protection ◽  
Investment Activity ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Law ◽  
The Republic

In this article, modern investment legislation is considered on the basis of legal acts regulating investment activity. The state of the investment climate in the country is summarized with judicial practice. In addition, in the scientific work has been analyzed the features and differences of the previous legislation of the Law of the Republic of Uzbekistan “On Investments and Investment Activities”. Furthermore, based on the results of the study, several proposals were recommended to improve legislation and practice of the Investment Activities in the Republic of Uzbekistan, the implementation of legal norms and to ensure effective protection of investors' rights.

scholarly journals Value-Based Crisis in the Modern World. Social and Philosophical Aspect

2019 ◽  
Vol 22 (1) ◽  
pp. 29-33
Author(s):  
L. A. Gaynutdinova ◽  
A. V. Skorobogatko
Keyword(s):  
Free Market ◽  
Modern Society ◽  
The State ◽  
Modern World ◽  
Traditional Values ◽  
Basic Principles ◽  
Political Processes ◽  
Philosophical Aspect ◽  
Material Values ◽  
The Ideal

Modern Society is in the deep value-based crisis. This crisis have taken place already some time ago and is linked to a process of corruption of traditional values and transition to the new forms of cooperation of the actors of social and political processes and relations between the state and the society. There are many reasons for the modern crisis. They are: planetary sized transition to the information-oriented society, that led to destruction of value-based positions; appearance of the new leaders on the political stage; escalation of the conflict between civilizations that is well seen in inadequate interpenetration of their values and cultures; understanding of the fact that values-based orientations of so called “free” market are not absolute and cannot be used for all purposes and etc. This happens because beside the material values in the society are also consider as important the values of the ideal sides of the life such as culture, religion, way of living and a lot of other things that make up an important part of civilizational basic principles of society. Why did consumptionism that was so much raised by modern liberals still not become the highest value in most societies thou it is the key element for development of the economic policy of the state? Is it possible also taking into account analyses of value-based crises to forecast the forks of the evolution of the modern world?

scholarly journals INFORMATION SECURITY OF UKRAINE: THREATS RESULTING FROM THE CIVILIZATION CHOICE OF THE EUROPEAN VALUES

2018 ◽  
pp. 60-67
Author(s):  
Oleg Danilyan ◽  
Oleksandr Dzoban
Keyword(s):  
Information Security ◽  
European Integration ◽  
Modern Society ◽  
Cultural Development ◽  
The State ◽  
National Interests ◽  
Communication Space ◽  
The Face ◽  
European Values ◽  
The Stability

The aim of the paper is to present the General state of information security in Ukraine and the attempt to understand the further possibilities of its development in conditions of European integration processes. Methodological basis of research are General scientific methods of research of information processes in modern society, which is based on the principles of system and structurally functional analysis using modeling methods that identify the state of information of the stability of society and the state. Information security for many countries in modern conditions, especially in integration processes and relations between them, due to several objective factors. A constant source of information threats is rooted in the unsettled international relations, international competition and the clash of national interests in militancy Nations, the differences of the vital goals and interests of the state. It is proved that the protection of state interests in the information sphere on the way to the European community provides for the implementation of a number of humanitarian, economic and military-technical nature, especially in the face of opposition to the European vector from extremely unfriendly to this process States. For a successful European integration process, it is necessary not only to adopt a more effective model of public policy, but also to put into practice social and cultural life is fundamentally new, integrated approaches to information security of individuals, society and the state, which, in turn, will contribute to the creation of a reliable soil information for the implementation of the European vector of Ukraine’s development. One of the important tasks of society and state is to develop and implement strategies for cultural development, the essence of which is to minimize destructive impacts on the society of the multidimensional communication space and create the conditions for the implementation of national and regional programmes to protect from humanitarian disasters.

scholarly journals The Principle of Maintaining Citizens’ Confidence in Law and State Actions during the Practice of RF Constitutional and Statutory Courts

2018 ◽  
pp. 485-488
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
Legal Norms ◽  
Judicial Practice ◽  
Close Relationship ◽  
Constitutional Justice ◽  
The Law ◽  
Principles Of Justice ◽  
Individual Decisions

This article examines the final decisions of constitutional and statutory courts in RF subjects, as well as individual decisions of RF Constitutional Court and the judicial legal positions expressed in them. Judicial practice, established on the basis of control and supervision activities of constitutional justice regional bodies, allows us to consider the principle of maintaining citizens’ confidence in the law and the actions of the state as a cross-sectoral legal principle that serves as the criterion to evaluate the constitutionality of legal norms adopted outside the powers of Russian Federation on the subjects of joint jurisdiction of Russian Federation and RF subjects. However, the close relationship between the principle of citizens’ confidence maintaining in the law and the actions of the state with the general legal principles of justice, equality, legal certainty and the recognition of a person, his rights and freedoms as the highest value makes it possible to qualify this principle as a general principle of law. According to the judicial practice of the constitutional and statutory courts of RF subjects, the principle of maintaining citizens’ confidence in the law and the state actions has its own criteria, each of which can be used for the evaluation of regional constitutional justice activity.

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