FEATURES OF THE CRIMINAL LAW PROTECTION OF THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION IN THE SOVIET PERIOD

2021 ◽  
Author(s):  
Tatiana Evgenievna Polichnaya ◽  
Keyword(s):  
Criminal Law ◽  
Soviet Period ◽  
Freedom Of Conscience ◽  
The Right

This article is devoted to the analysis of the legislation of the Soviet period concerning the establishment and protection of the right to freedom of conscience and religion. The author analyzes the normative acts, criminal law norms that provide for liability for violation of the above-mentioned right.

A Veiled Threat: Belcacemi and Oussar v Belgium

2018 ◽  
Vol 20 (2) ◽  
pp. 190-200
Author(s):  
Jasper Doomen
Keyword(s):  
Criminal Law ◽  
Freedom Of Conscience ◽  
Unequal Treatment ◽  
The Face ◽  
The Individual ◽  
Full Face ◽  
The Right

The freedom of the individual can easily come into conflict with his or her obligation to integrate in society. The case of Belcacemi and Oussar v Belgium provides a good example. It is evident that some restrictions of citizens’ freedoms must be accepted for a state to function and, more basically, persist; as a consequence, it is acceptable that certain demands, incorporated in criminal law, are made of citizens. The issue of the extent to which such restrictions are justified has increasingly become a topic of discussion. The present case raises a number of important questions with respect to the right to wear a full-face veil in public if the societal norm is that the face should be visible, the most salient of which are whether women should be ‘protected’ from unequal treatment against their will and to what extent society may impose values on the individual. I will argue that Belgian law places unwarranted restrictions on citizens and that the values behind it testify to an outlook that is difficult to reconcile with the freedom of conscience and religion.

Case Note: Belcacemi and Oussar v Belgium App no 37798/13 (ECtHR, 11 July 2017)

ICL Journal ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 213-223 ◽  
Author(s):  
Jasper Doomen
Keyword(s):  
Criminal Law ◽  
Case Note ◽  
Freedom Of Conscience ◽  
Unequal Treatment ◽  
The Face ◽  
The Individual ◽  
Full Face ◽  
The Right

Abstract The freedom of the individual can easily come into conflict with his or her obligation to integrate in society. The present case provides a good example. That some restrictions of citizens’ freedoms must be accepted for a state to function and, more basically, persist is evident and that, as a consequence, certain demands, incorporated in criminal law, are made from citizens is acceptable. The issue to what extent such restrictions are justified has increasingly become a topic of discussion. The present case raises a number of important questions with respect to the right to wear a full-face veil in public if the societal norm is that the face should be visible, the most salient of which are whether women should be ‘protected’ from unequal treatment against their will and to what extent society may impose values on the individual. I will argue that the Belgian law places unwarranted restrictions on citizens and that the values behind it testify to an outlook that is difficult to reconcile with the freedom of conscience and religion.

Criminal and Administrative Responsibility for Violation of the Freedom of Conscience and Religion: Problem of Differentiation

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Дмитрий Шилин ◽  
Dmitriy Shilin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Best Practice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Freedom Of Conscience ◽  
Modern Development ◽  
The Russian Federation ◽  
The Right

The article analyzes objective and subjective characteristics of elements of the violation of the right to freedom of worship and religions. In particular, the author investigates disposition of public actions that express obvious disrespect for the society with the aim to insult religious feelings of believers. The author notes timeliness of legislative recognition of this law which is in line with modern development of public relations and foreign best practice. The author calls into question the relevancy of establishing goals as an obligatory element of corpus delicti. The author pays attention to the contentious nature of article 148 of the Criminal Code of the Russian Federation and article 5.26 of the Code of the Russian Federation on Administrative Offences and the absence of the due mechanism to overcome it in the criminal law science. Following the results of the research the author proposes changes to the criminal law to ensure the principle of inevitability of criminal liability and protection of the right to freedom of worship and religions guaranteed by the Constitution.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

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