scholarly journals Inter-confessional relations in Ukraine: the state and ways of toleration

2013 ◽  
pp. 107-115
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Soviet Union ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Freedom Of Conscience

In Soviet times, Soviet Union legislation declared freedom of religion, but not freedom of religion. The only one in Ukraine was covered only by the 1991 Law on Freedom of Conscience and religious organizations.

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.”

scholarly journals Theory and Practice of the Realization of the Right to Freedom of Religion: All-Ukrainian and Regional Contexts

2013 ◽  
pp. 5-10
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Theory And Practice ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
The Law ◽  
The Right

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.

RELATIONS BETWEEN STATE AND RELIGIOUS ORGANIZATIONS IN INTERNATIONAL AND EUROPEAN LEGAL ACTS

Via Latgalica ◽  
2009 ◽  
pp. 51
Author(s):  
Ivans Jānis Mihailovs
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Military Service ◽  
The State ◽  
Religious Organizations ◽  
European Convention ◽  
Freedom Of Religion ◽  
The European Union ◽  
Religious Activities ◽  
The Impact

Religion is one of the most important social regulators influencing the relations in the society and the choice (action) of an individual in the concrete situation, sacralize definite behaviour and standards, or quite vice versa – disavow them (sin), regulate the relations among people and the relations between human and the highest power (God), in separate cases allowing to overcome legal and ethical dilemmas, to act or refrain from action. Each religion exists in a definite community (society), therefore, the religious norms affect the life of community members and thus also the state, culture, and rights. Nowadays the impact of rights on religion, religious organizations as communities of believing persons, their organization, administration and activity is impossible to deny. This study is an attempt to offer a review on the regulation of the relations betweens state and religious organizations in international and European legal acts. Analysis of the legal aspects of the relations between state and religious organizations allow the conclusion that the freedom of religion has a fundamental basis which today determines the relations/attitude of the state with/to religion and religious organizations. The principle of freedom of religion as an integral part of human rights is respected and implemented in states where the church is fully or partly separated (segregated) from the state as well as in states where there is state church. This principle has been acknowledged also by the European Union and the European Council leaving the implementation details to the Member States themselves. The principle of freedom of religion comprises two principal aspects: person’s individual choice to not/belong to some religion and to not/participate in religious activities, and state’s responsibility is to respect, within the framework of the law, the freedom of activities of religious organizations. Implementation of the principle of freedom of religion is burdened by manifold interpretation of the notions “religion” and “belief”; by the necessity to consider this principle commensurate with other human rights and freedoms; by the vagueness of the limits of this principle. In this context, the practice of the European Court of Human Rights is essential, in interpreting correspondingly the principle of freedom of religion provided for in Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, particularizing the understanding of this principle in the relations between the state and religious organizations. Present-day practice, at least in the public sphere, facilitate a tolerant attitude and observance of the specific character of religious belonging in various social relations (work, contacts with state administration, military service) etc. Nevertheless, disregarding several implementation problems of the principle of freedom of religion, equality should be observed in the relations between the state and religious organizations, establishing precise limits of cooperation and supervision, which is a precondition for the existence of a legal secular state.

scholarly journals Civic and legal provision of freedom of missionary activity

2013 ◽  
pp. 204-207
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Civil Society ◽  
Religious Beliefs ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activity ◽  
Freedom Of Conscience ◽  
Legal Provision ◽  
Teaching Religion ◽  
The Law ◽  
The Right

Ukraine is a country of freedom of beliefs and beliefs. The Constitution of the country (Article 35) provides its citizens with not only the right to profess any religion, but also the freedom of religious activity, prohibits the binding of any one of the religions by recognizing it as a state. In the civil society of Ukraine, each of its citizens is sovereign. In accordance with the Law on Freedom of Conscience and Religious Organizations (Article 3), he is free to accept or change his religion of his choice. Every citizen has the right to express and freely distribute his religious beliefs. "No one can set obligatory beliefs and outlooks. No coercion is allowed in determining a citizen's attitude to religion ..., to participation or non-participation in worship, religious rites and ceremonies, teaching religion. " Thus, by proclaiming the right to freedom of religion, freedom of religion, the Ukrainian state, if it considers itself to be democratic and claims to join such a united Europe, is obliged to create conditions for the functioning of different religions in its territory.

scholarly journals Problematic Aspects of Measuring the Legal Status of Neo-Religions in Ukraine

2007 ◽  
pp. 95-99
Author(s):  
Mykhailo Yu. Babiy
Keyword(s):  
Legal Status ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Religious Expression ◽  
Effective Mechanism ◽  
Legal Norms ◽  
Collective Levels ◽  
Scientific Reflection ◽  
The Individual

First of all, I consider it necessary to note that the full value of freedom of existence of religious organizations (all without exception) operating in the territory of our country, the realization of their tasks, goals depends first of all on the effective mechanism of their legal support and legal guarantees. It is clear that the legal norms fixed in the legislation of Ukraine, which relate to the sphere of freedom of religion, concern only the plane of realization of freedom of conscience - freedom of religious expression both at the individual and the collective levels. This is an extremely pressing issue that needs scientific reflection.

scholarly journals Prerequisites and Causes for the Maturation of the Systemic Crisis in the Mid-Twentieth Century Evangelical Baptist Church

2008 ◽  
pp. 91-98
Author(s):  
O.P. Lahno
Keyword(s):  
Twentieth Century ◽  
Soviet Union ◽  
The State ◽  
Religious Organizations ◽  
Baptist Church ◽  
The Soviet Union ◽  
Religious Associations ◽  
Systemic Crisis ◽  
The Church

The twentieth century was a period of prolonged crisis of spirituality in the Soviet Union. The atheist state used all possible and impossible levers of various influences on religious associations and ordinary believers. Since the assertion of the Soviet authorities, an open war has been declared against any manifestation of religion. There were real battles: with their ideological fronts, offensives and retreats, the whole system of operations developed and the tactical plan in line with the party-approved strategy. The result of such disputes between the state and its believing citizens has been the church crises, schisms, and even the elimination of entire denominations. The most violent was the struggle against religious organizations disloyal to the Soviet authorities. It should be noted that even external loyalty did not save religious associations from the onslaught of anti-Sovietism

scholarly journals The Role of Securitization in the Relationship Between State and Religion—The Example of the Kyrgyz Republic

2021 ◽  
pp. 117-137
Author(s):  
Zrinka Štimac ◽  
Indira Aslanova
Keyword(s):  
Soviet Union ◽  
State Policy ◽  
Legal Framework ◽  
The State ◽  
Religious Organizations ◽  
Kyrgyz Republic ◽  
State Institutions ◽  
The Soviet Union ◽  
Democratic State ◽  
The Relationship

AbstractIn this paper, we discuss the challenges of developing secular framework in relation to religion in Kyrgyzstan, the first Central Asian republic where democratic institutions were established after the collapse of the Soviet Union and which has been strongly challenged in maintaining its democratic achievements during the Tulip Revolution and other revolts in 2010 and 2020. The question we aim to answer is how processes of securitization shape the relationship between state institutions and religious organizations, knowing that Kyrgyzstan is still influenced both by the Soviet understanding of secularism and by models of secularity and governance from countries and societies with different histories and conditions of development. We look at different phases of the relationship between state and religion starting with the regime change and the establishment of a democratic state. Secondly, the establishing of a legal framework for state policy on religious organizations. Thirdly, the time of the adoption of measures to protect the interests of all citizens, believers and non-believers, and the beginning of the process of active influence of state policy on the situation in the religious sphere. And finally, the new (mis)understanding of the relations between the state and religion, both on the side of the state and religious organizations. Our theoretical point of departure is the concept of securitization, and from there on we take a discursive approach focusing on the different actors in this arena, such as state institutions and the various religious organizations and groups.

scholarly journals Religious policy of the Soviet state through the prism of the position of religious minorities (as an example of the Russian Federation)

2016 ◽  
Vol 1 (19) ◽  
pp. 88-92
Author(s):  
Katerina Elbakyan
Keyword(s):  
Russian Federation ◽  
The State ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Religious Minorities ◽  
Religious Policy ◽  
Soviet State ◽  
The Russian Federation

The position of religious minorities, and the religious situation as a whole, largely, if not in all, depend on the religious policy pursued by the state.Religious policy is the activity of the state, its main structures and bodies, aimed at regulating state-religious relations and ensuring the implementation of the principles of freedom of conscience and freedom of religion established by the state.

scholarly journals Law of Ukraine "On Freedom of Conscience and Religious Beliefs": Rule-Making Changes to the Effective Editorial

2016 ◽  
Vol 1 (19) ◽  
pp. 177-181
Author(s):  
Larysa Vladychenko
Keyword(s):  
Religious Beliefs ◽  
State Power ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
The Law ◽  
Rule Making

April 23, 2016 was twenty-five years after the adoption of the Law of Ukraine "On Freedom of Conscience and Religious Organizations", which is the basic legal act in the field of ensuring freedom of conscience and relations between the state and religious organizations in Ukraine.It should be noted that during the period of Ukraine's independence, legislative and legislative initiatives of the highest bodies of state power in the sphere of the state-confessional complex were carried out in particular with regard to the elaboration of a new version of the Law of Ukraine "On Freedom of Conscience and Religious Organizations" and itemized (point) amendments to the current Law.

scholarly journals Religious diversity as a factor in public security

2021 ◽  
Author(s):  
Ekaterina Elbakyan
Keyword(s):  
Public Opinion ◽  
Religious Diversity ◽  
The State ◽  
Religious Organizations ◽  
Information Support ◽  
Subjective Perception ◽  
Freedom Of Conscience ◽  
Religious Associations ◽  
Group 2 ◽  
State And Local

The article deals with topical issues of religious diversity in the framework of the religious situation in modern Russia. The article analyzes important indicators of the religious situation. They include public sentiments created by the subjective perception of the country's population of their religiosity and non-religiousness, in the context of the realization of the freedom of conscience right. Additional indicators of the religious situation are the following: inter-religious, inter-denominational relations and relations between believers and non-believers; the state and nature of public opinion in relation to religion. The criteria for the "complexity" of a religious situation have been determined through delineating of 1) internal and 2) external circumstances that create the conditions for the tension of the religious situation. The first group (1) includes: the degree of satisfaction / dissatisfaction of believers and groups of believers with the implementation, provision and protection of their rights and interests; instability and unsettledness of inter-religious and ethno-religious relations; the presence of contradictions and conflicts within religious associations. The second group (2) includes: the condition of state-religious relations associated with the implementation of legislatively enshrined principles and norms in the sphere of freedom of conscience by state and local authorities; the degree of mutual trust, loyalty, law-abidingness of religious associations; the state of public opinion in relation to religion, its adequate / inadequate expression by the media; the presence of conflicts between believers and non-believers, as well as the nature and intensity of missionary activities of religious organizations. The study of the religious situation, its comprehensive and objective analysis, serve as the basis for information support of state-religious relations and as help in the implementation of the principles of the state's religious policy in the practical activities of the authorities and administration. Using the example of a number of religious organizations, it will be shown that their persecution, especially of religious minorities, does not strengthen the security of the country, but, on the contrary, creates a number of quite serious risks for the stable functioning of society both “inside” the state and internationally. Considered through the prism of various models of state-religious relations, the religious situation in the country seems to be most favorable (both for the state and for religious organizations of various types) when there is religious freedom and the corresponding state-religious relations.

Sign in / Sign up

Export Citation Format

Share Document