scholarly journals State-confessional relations in their practical expression in Ukraine

2013 ◽  
pp. 62-74 ◽  
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Freedom Of Conscience ◽  
Constant Attention ◽  
The Law ◽  
The Right ◽  
The Church ◽  
The Way

The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and the existence of a holistic mechanism for guaranteeing the said freedom, as well as from the way of monitoring and responding to violations of the law.

scholarly journals Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe

2020 ◽  
Vol 2 (2) ◽  
pp. 15-20
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
Freedom Of Choice ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

Legal Regulation of Land Lease in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1398
Author(s):  
Dmytro V. SANNIKOV ◽  
Svetlana V. KHOMINETS ◽  
Denys L. KOVACH ◽  
Rymma A. TSYLIURYK ◽  
Alona O. CHYRYK ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Issues ◽  
Practical Significance ◽  
Successful Resolution ◽  
Legislative Framework ◽  
Legal Position ◽  
The Law ◽  
The Right

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.  

scholarly journals An Example of the Principle of Cuius Regio, Eius Religio in the 21st Century – A Test of the Right to Property and Freedom of Religion in Montenegro and the Neutrality of the State

2020 ◽  
Vol 66 (4) ◽  
pp. 452-482
Author(s):  
Stojan Mićović
Keyword(s):  
21St Century ◽  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Church Organization ◽  
Tectonic Disturbances ◽  
The Law ◽  
The Right ◽  
State Relations ◽  
The Church

The neglect of freedom of religion is relevant once again. Montenegro passed its Law on Freedom of Religion, which caused tectonic disturbances in the relations between the state and the church, prescribing the nationalization of church land and shrines, inherently challenging the legal continuity of certain religious communities and with a questionable generality, i.e. the ability to apply to all. The law provoked mass litanies of Orthodox faithful as non-violent resistance, which also received recognition by the global public. A particular facet is the aspiration of the President of Montenegro and the decades-long ruling political party to form a new, independent Orthodox Church. There is thus a unique case in 21st century Europe that a government in a secular state is officially charging itself with the reorganization of an existing church organization. This article deals with the Law on Freedom of Religion in Montenegro, its concordance with the Constitution of Montenegro and the ECHR, and also analyzes the relationship between Montenegrin religious policy and the principle of state neutrality, as an indispensable principle of modern regulation of the church-state relations, bearing in mind the legislation and political situation in Montenegro until August 30, 2020.

REVIEW OF THE “ROUND TABLE” “STATE, SOCIETY AND THE CHURCH: STRENGTHENING INTERETHNIC AND INTERFAITH HARMONY, DEVELOPMENT AND IMPROVEMENT OF INTERACTION MECHANISMS”

2019 ◽  
pp. 124-131
Author(s):  
Vera Anatolyevna Shunyayeva ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
Criminal Liability ◽  
Round Table ◽  
The State ◽  
Religious Institutions ◽  
State University ◽  
Freedom Of Conscience ◽  
Interaction Mechanisms ◽  
Teachers And Students ◽  
The Right ◽  
The Church

We present a review of the discussion held in the form of a “round table” on the theme “State, society and the church: strengthening interethnic and interfaith harmony, development and improvement of interaction mechanisms”, held on February 19, 2019 and organized by the Institute of Law and National Security of Tambov State University named after G.R. Derzhavin. Also co-organizer of the “round table” was Tambov Seminary. The discussion was aimed at consideration and understanding the current condition of relations between the state, public and religious institutions, the problems of interaction, forms of cooperation in the framework of a single task aimed at improving the level of spiritual culture of Russian citizens. The participants of the conference were teachers and students who are interested in these issues in detail and have their own research positions on the issue of discussion. The review cover the content of the “round table”, where reports were presented on the issues related to the aspects of interaction between the state, society and the church; freedom of conscience and secular state; problems of constitutional human rights to freedom of conscience and religion, their interpretation; implementation of the right to freedom of conscience and criminal liability for its violation and other aspects of the discussion.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals Notas acerca de la formación histórica de la Ciencia del Derecho Eclesiástico

2003 ◽  
Vol 10 ◽  
pp. 403
Author(s):  
Lourdes RUANO ESPINA
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
Training Process ◽  
Legal Science ◽  
The Law ◽  
The Right ◽  
The Church

If the historical training process of the Ecclesiastic Law was begun when the State was considered legitimated to legislate in ecclesiastic matters, defending its own front sovereignty against the monopoly of the domain of the Law of the Church, at present, its consolidation as autonomous legal Science has been possible thanks to the recognition, tutela and promotion of the human rights and, in particular, of the right to religious freedom.

scholarly journals Concept, characteristics and criteria of food security under the law of Ukraine and other states

2018 ◽  
pp. 30-41
Author(s):  
Tetiana Kovalenko
Keyword(s):  
Food Security ◽  
Food Safety ◽  
Quantitative Measurement ◽  
Food Products ◽  
Legal Regulation ◽  
The State ◽  
Quality And Safety ◽  
Legislative Regulation ◽  
The Law ◽  
The Right

Despite the substantial progress in agro-industrial production development was achieved in the twentieth century, the food problem has not only lost its acuteness, but also turned into a global problem of food safety of mankind. The proper legal regulation of the production of necessary quantity of quality and safe food in the state is a guarantee of food safety of the state. The concept of food safety is legally enshrined in Art. 2 of the Law of Ukraine “On State Support to Agriculture of Ukraine” (dated June 24, 2004) as the protection of human life interests, which is expressed in guaranteeing by the state of unimpeded economic access of a person to food products in order to maintain his/her normal life activities. This normative definition of food safety has become the subject to substantiated criticism in legal literature, since it reflects only one aspect of Ukraine’s food safety – the economic availability of food for the population. The food safety has a number of distinctive features, which determine its role in guaranteeing the national safety of the state. Firstly, the food safety has internal and external aspects. The internal aspect of food safety lies in the functioning of effective mechanisms in the state for guaranteeing human being the access to food products in the quantity and range, sufficient to ensure his/her livelihoods (quantitative measurement), as well as ensuring the proper quality and safety of such products (qualitative measurement). The agricultural legislation of Ukraine provides only a few legal mechanisms to ensure quality measuring of food safety. At the same time, the ensuring the quantitative measurement of Ukraine’s food safety is extremely negative due to difficult economic situation in Ukraine. Legally established minimum wages, scholarships, pensions are not enough to provide a full-fledged human nutrition. The external aspect of food safety is self-sustaining by the state of its food needs in order to reduce the dependence of its economy on food imports. Secondly, ensuring food safety is an essential condition for the realization of one of the basic human rights – the right to adequate food, which is part of the right to a sufficient standard of living. Thirdly, food safety, in particular its qualitative criterion, is an integral part of the internal environmental safety of citizens, because the use of poor quality and dangerous food products significantly affects human health, can provoke diseases and cause fatalities as a result of food poisoning. Fourthly, guaranteeing the food safety of the state is a strategic goal of the state agrarian policy. Given the importance of food to ensure human existence, food safety can be considered as a kind of system of economic and social relations, which is the biosocial basis for the existence of both society and the human individual. In economically developed countries issues of food safety have been subject to considerable legislative regulation. In Ukraine the level of legal regulation of food safety is unsatisfactory. In national agrarian and environmental legislation only quality criteria of food safety are legally defined. Decree of the Cabinet of Ministers of Ukraine “Some Issues of Food Safety” (dated December 5, 2007, No. 1379) approved the Methodology for Determining the Main Indicators of Food Safety. These indicators have been criticized in special literature because they do not take into account issues of quality and safety of food products, peculiarities of development of the agro-food sector as a system-forming for the whole system of food safety. In Ukrainian legal science the necessity of adopting of a special law “On Food Security” or “On Food Security of the State” was substantiated. But the attempt to adopt a special law, aimed at ensuring the state food safety, was unsuccessful. In 2012 the draft law “On Food Safety” was returned by the President of Ukraine to the Parliament with substantive remarks and rejected by the Verkhovna Rada of Ukraine. By this time relations in the field of food safety remain without proper legislative regulation. Currently, the issue of adopting of a special law of Ukraine, aimed at the comprehensive regulation of relations in the field of food safety, is still relevant.

scholarly journals The Right to Strike and Legal War in Walter Benjamin's “Toward the Critique of Violence”

2019 ◽  
Vol 2 (2) ◽  
pp. 252-260
Author(s):  
Marc Crépon ◽  
Micol Bez
Keyword(s):  
Walter Benjamin ◽  
The State ◽  
The Political ◽  
Law Of War ◽  
State Monopoly ◽  
The Law ◽  
The Right ◽  
Critique Of Violence ◽  
The Way

Abstract The object of this article is to show how, at the beginning of his essay “Toward the Critique of Violence,” Walter Benjamin uses the questions of the right to strike and law of war to exemplify the way in which the state monopoly has no other goal than to preserve the law itself. In so doing, the question of the boundary between violence and nonviolence is put into conversation with the distinction made by Georges Sorel between the political strike and the general revolutionary strike.

The genesis of the idea of freedom of religious conscience in the Middle Ages

2021 ◽  
Author(s):  
Mykhailo Babii
Keyword(s):  
Middle Ages ◽  
Catholic Church ◽  
The State ◽  
Roman Catholic Church ◽  
Freedom Of Conscience ◽  
Complete Control ◽  
The Right ◽  
The Church ◽  
The Middle Ages

Abstract. The article is devoted to the idea of freedom of conscience, the processes of developing its understanding in the Middle Ages, the opposition of various approaches, which are represented by thinkers of the Western and Eastern Christian tradition. These traditions were formed and developed within the framework of interpretive assessments of the relationship between the state and the church, known as Caesaropapism and Papоcaesarism. The peculiarities of Western Christian and Eastern Christian approaches to issues of freedom of conscience, which were formed by the nature of state power and its relations with the church, are analyzed. The Catholic understanding of relations was based on the independence of the church from the state, on its freedom, on the opposition of the spiritual and the earthly, on the supremacy of the former over the latter. It is claimed that the Roman Catholic Church has always claimed complete control over the secular state. According to the Orthodox view, the "spiritual and secular" should be integrated into one "symphonic" system with the leading role of the state. The church "gave its freedom" to the Caesars. The mechanism of the emergence of religious alternatives to the official teachings of the church, in particular heresies, sectarianism, schism, which served as a breeding ground for the emergence of religious freedom, freedom in the church. The role of the rationalist and anti-church component, philosophical and theological concepts, which were determined by a significant increase in scientific knowledge and the development of philosophical teachings, which also led to ideas of freedom of conscience, is emphasized. During this period, the genesis of the idea of freedom of conscience was played by the substantiation of the idea of human rights, in particular, the right to freedom of conscience and religion. The Middle Ages are presented as a specific era, which is associated with previous periods in the intellectual - philosophical and theological - understanding of freedom of conscience, in which despite all the negative socio-political, religious processes, persecution of freethinkers, formed principles of freedom of conscience and theoretical justification future paradigm. During this period, it was mainly about freedom of religious conscience, about the freedom of the church, about conscience, freedom of will, and not about freedom of conscience. It was important to substantiate the idea of the right of the autonomous mind, the doctrine of "natural light", the distinction between the concepts of "sacred" and "secular". At the same time, freedom of religious conscience can be said only for Christian believers, all others - infidels, "schismatics", heretics - were outlawed, society considered them as enemies of the state and the church. Heretical movements, which originated in the bosom of the Christian church and were determined by the context and events of the Middle Ages, became the environment where the ideas of freedom of conscience, including freedom of religious conscience, religious tolerance received "energy" for their development and manifestation as a public demand.

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