scholarly journals RELATIONS BETWEEN THE STATE AND RELIGIOUS ASSOCIATIONS IN THE REPUBLIC OF KAZAKHSTAN: CONSTITUTIONAL AND LEGAL ASPECTS

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 153-158
Author(s):  
G.B. Akhmejanova ◽  
N.M. Mussabekova ◽  
T.E. Voronova ◽  
G.T. Shamshudinova ◽  
A. Avilkhan

This article attempts to comprehensively consider the social and legal nature of the relationship between the state and religious associations in the state, to determine their main constitutional ties, and to reveal the concept and content of the legal status of the religious associations. In this article, based on historical analysis, generalization, modeling, the study of the normative documents, regulating the public relations in this area, the development of the current state of the relations between the state and religious associations. Social science research in the religious studies area could be described as lacking many serious studies, regarding religious issues and relations between the state and religion. One explanation is inattention to the religious factors in public life for a long period of time. This inattention was displayed in political, social and judicial areas. Most studies twenty years ago were devoted to the explanations of the negative features of the religion or the disappearance of religion and state’s help. Today the spectrum of opinion on church-state relations is wider. The most popular point of view advocates the separation of state and church. The general opinion is that the state must be secular. The clericalization of the state and social life is considered as danger to the existing political and legal system. At the same time, some believe that religion must be under strict state control (so called, state-controlled religion). In this approach, state interests such as national security always dominate over the interests of religious organizations and believers.

Author(s):  
Olga A. TEPLYAKOVA ◽  
Artem A. Kostyukov

The article provides a brief analysis of the legal status of the advisory bodies operating in the Russian Federation. In particular, the article analyzes the provisions of regulatory legal acts governing the activities of the Security Council of the Russian Federation, the State Council of the Russian Federation, as well as the Council of Control and Accounting Bodies under the Accounts Chamber of the Russian Federation as a special advisory body existing within the structure of external state and municipal financial control bodies. The status of constitutional advisory bodies is considered separately, including in the context of current changes in Russian legislation. In addition, the author notes the interconnection of the implementation problems of the separation principle of powers both in the corresponding classification context of state bodies, and in relation to the determination of the advisory legal status bodies, their place in the public authority system of the Russian Federation. An assumption is also made regarding a number of provisions of the draft law which is under consideration by the State Duma of the Russian Federation in the status terms of the State Council decisions of the Russian Federation. Public chambers and Public councils are separated into a separate group of advisory bodies. In the study of the issue, classical general scientific methods of cognition were used, in particular: analysis, generalization and synthesis. The authors also applied a modern synergistic approach that is increasingly used in social science research. The conclusion is made that at present there is a growing need for more comprehensive and in-depth studies of the advisory bodies institute of the Russian Federation, in particular, devoted to the issues of their classification and typology, both due to the increasing importance of these bodies in the public administration system, and due to the number of criteria for using these methods.


Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law


1998 ◽  
Vol 10 (3) ◽  
pp. 267-288 ◽  
Author(s):  
Hugh Davis Graham

Scholarship on the political development of the United States since the 1960s is dominated, not surprisingly, by social scientists. Such recent events fall within the penumbra of “contemporary history,” the standard research domain of social scientists but treacherous terrain for historians. Social scientists studying American government and society generally enjoy prompt access to evidence of the policy-making process–documents from the elected and judicial branches of government, interviews with policy elites, voting returns, survey research. Historians of the recent past, on the other hand, generally lack two crucial ingredients–temporal perspective and archival evidence–that distinguish historical analysis from social science research. For these reasons, social scientists (and journalists) customarily define the initial terms of policy debate and shape the conventional wisdom. Historians weigh in later, when memories fade, archives open, and the clock adds a relentless and inherently revisionist accumulation of hindsight.


2019 ◽  
Vol 22 (5) ◽  
pp. 770-792
Author(s):  
Jenni Hokka ◽  
Matti Nelimarkka

In our article, we investigate the affective economy of national-populist image circulation on Facebook. This is highly relevant, since social media has been an essential area for the spread of national-populist ideology. In our research, we analyse image circulation as affective practice, combining qualitative and quantitative methods. We use computational data analysis methods to examine visual big data: image fingerprints and reverse image search engines to track down the routes of thousands of circulated images as well as make discourse-historical analysis on the images that have gained most attention among supporters. Our research demonstrates that these existing tools allow social science research to make theory-solid approaches to understand the role of image circulation in creating and sustaining national and transnational networks on social media, and show how national-populist thinking is spread through images that catalyse and mobilise affects – fear, anger and resentment – thus creating an effective affective economy.


Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


2011 ◽  
Vol 1 (3) ◽  
pp. 183-187 ◽  
Author(s):  
Matthias Gross

Abstract: Redclift (2011) provided a timely and perhaps deliberately provocative overview of sociological writings on climate change and the disciplinary problems of a post carbon world for environmental sociology. This comment emphasizes that he never actually clarifies what exactly are those problems that sociology faces in its attempt to open up a space for itself in the field of climate research. This omission also leads to unnecessary claims regarding the state of social science research on climate change as well as unspecified calls for more interdisciplinarity in sociological analysis of contemporary societies’ carbon dependence.


1994 ◽  
Vol 28 (4) ◽  
pp. 589-600
Author(s):  
Izhak Englard

The legal problems relating to the Holy Places in Jerusalem are of a very complex and delicate nature. The issue has a long history, and its complexity is the result of turbulent religious, ethnic, national and international conflicts over the Holy Places. The problems were not created by the State of Israel, but the establishment of the Jewish State added new dimensions to the age-old contest. I shall first describe briefly the ideological background of the problem, then analyze its legal aspects and finally illustrate its complexity by a number of Israel court decisions.


1970 ◽  
Vol 2 ◽  
pp. 1-30
Author(s):  
Dev Raj Dahal

Social science informs about the ideals and trains experts to deal with the complex social realities. It has a public purpose rooted in what we call dharma (professional and institutional responsibility) as opposed to the arrogance of reason, self-will and self-rationalization intrinsic to contemporary rational choice and modernity. Learning has a synergy - establishing connection between the world of social science theories and the drama of social life. A lack of mutual learning between Nepal's traditional faith intellectuals and modern reason-based social scientists has created a big hiatus and contradiction. The academic life of social scientists in Nepal is completely outside of spiritual, moral and ethical influence experienced by ordinary public. The spiritual blindness of modern social scientists has thus opened multiple gaps between their worldview and those of the citizens on various frontiers--theoretical knowledge and practical experience, technical understanding and composite knowledge and secularity of social science and the vitality of the Hindu-Buddhist scriptures in the popular mind, culture, behavior and practices. This has reinforced a division between the system of knowledge of social scientists and the life-world of people. The proponents of new social movements in Nepal, such as women, Dalits, Janajatis, Madhesis, youths and marginalized population are seeking a structural shift in reason-based knowledge to both reason and feeling in social science knowledge discovery. This movement can open the "captive mind" to social learning of contextual knowledge, conduct research with the citizens, provide inputs to the policy makers and reverse their linear, structure-bound, rationalist and disciplinary thinking into the one that represents what the Nepal mandala, the Nepali space, is really like and how to improve it for the better. The renewal and indigenization of qualitative social science research is important to overcome the spirited challenges posed by social forces in Nepal and contribute to the application of scientific reasoning in public policy and social change.Key Words: social movement, NepalDOI = 10.3126/dsaj.v2i0.1356Dhaulagiri Journal of Sociology and Anthropology Vol.2 pp.1-30


Author(s):  
Pylyp Demchenko

Introduction. This article is devoted to the study of the phenomenon of the security within the framework of its understanding in the constitutional legal sphere of national legal science. The need to conduct this study is based on the relevance of the search for promising directions in ensuring the safety of human, society, and the state in a rapidly changing modern world, within the framework of which the main role is assigned to its legal foundations, in which the provisions of the norms of the Constitution of Ukraine play a primary role Purpose and objectives of the study. The main purpose of the article is to consider the concept of security in the framework of the basic legal and constitutional legal category on an analysis of the articles of the Constitution of Ukraine and normative legal aspects (in case of basics of The National Security Act 2018 and The Strategy of the National Security 2020), which enshrine the essence and foundations of ensuring of the security in Ukraine, and also presents the main doctrinal approaches to defining security in the framework of constitutional and legal researches. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of security as a phenomenon of public relations, assessing the main challenges and threats to the existence of a human, society, and the state in Ukraine at the present stage of their development, analyzing the legal framework for ensuring of security in Ukraine, as well as understanding of security as a constitutional legal category. Research conclusions. As a result of the study, the idea is given that security is a complex and multi-vector category, the nature of which depends on the definition of the scope of its implementation and provision. The legal component is the basis for ensuring of national security as the main way to ensure the security of a human, society, state in Ukraine, which is implemented within the framework of the provisions of the Constitution of Ukraine and special legislation. As part of the study of constitutional and legal approaches to defining national security as a broad category, it is necessary to single out its special component subspecies - constitutional security, which serves as the basis for the protection and stability of the development of constitutional legal institutions and constitutionalism in Ukraine.


Sign in / Sign up

Export Citation Format

Share Document