scholarly journals The evolution of the powers of the central authorities of Ukraine in the implementation of state policy in the field of religion

2016 ◽  
Vol 2 (19) ◽  
pp. 101-107
Author(s):  
Larysa Vladychenko

After the proclamation of independence in Ukraine, the state body for religious affairs is retained. Its existence was provided for by Article 30 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations”, adopted on April 23, 1991, i.e. back in Soviet times.

2021 ◽  
pp. 134-149
Author(s):  
Վահե Սարգսյան

Since independence, Georgia has not adopted a law regulating the field of religious organizations and defining their rights and obligations (“Law on Freedom of Conscience and Religious Organizations”). The relations between the latter and the state are regulated by a constitutional agreement approved by the Parliament as of October 22, 2002. Unlike other churches operating in Georgia, GOC is the most closed institution in the country with exceptional privileges, great economic and financial potential, the activity of which no state body can control, inspect or demand reports. Instead of passing the law on “Freedom of Conscience and Religious Organizations”, amendments to the Georgian Civil Code in 2011 allowed religious unions in the country, including the Armenian Apostolic Church, to register as a subject of public law. The mentioned changes, however, did not solve any general problem; the law did not enable the AAC Georgian Diocese to return the heritage taken away during the Soviet and post-Soviet years. The law did not regulate the mechanisms of the AAC Georgian Diocese acting as a religious organization in the field of public law; the Diocese continues to face multifarious administrative and legal problems while carrying out cultural, educational, social, charitable, office as well as activities of other nature and content.


2016 ◽  
Vol 1 (19) ◽  
pp. 177-181
Author(s):  
Larysa Vladychenko

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.


2014 ◽  
pp. 61-65
Author(s):  
Liudmyla O. Fylypovych

The democratic transformations that have taken place in our country since independence have laid the foundations for new state-church relations. The relations between the state and the Church in this situation have acquired fundamentally new qualities, which, unlike the past, are characterized by a generally stable partnership, mutual respect and cooperation. Such relations are enshrined in the Constitution of Ukraine, the Law of Ukraine "On Freedom of Conscience and Religious Organizations", other legislative acts and international legal agreements.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

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.”


Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.


Author(s):  
Liudmyla O. Fylypovych

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.


2016 ◽  
Vol 1 (19) ◽  
pp. 130-134
Author(s):  
Oleksandr N. Sagan

State-church relations in Ukraine are regulated by one of the best in Europe, the Law of Ukraine "On Freedom of Conscience and Religious Organizations". However, this law can not solve the problem of confrontation between the Moscow and Kiev Orthodox patriarchates in our country, as this confrontation has gone beyond the religious conflict and, in fact, is an external expression of ideological and civilizational choice (tolerance of values) of Orthodox believers.


THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 120-129
Author(s):  
Zhagyparova A.O. ◽  
◽  
Tulegenova Zh. ◽  
Bekbusinova G.K. ◽  
Solovyova I.A. ◽  
...  

The article analyzes the fundamentals of standardization in the field of state audit and its role in the activity of the supreme financial control bodies. The importance of standardization was confirmed in the preparation of proposals and recommendations, based on the results of control and expert-analytical activities by the supreme financial control bodies, with the aim of improving the management of public resources. Expert-analytical activities significantly increase the efficiency of internal state auditors. It is one of the most important tools in the implementation of the functions and powers assigned to internal auditors under the Law. Today, there are many types and methods of audit and analytical procedures. In addition to them, computerized techniques were added, that help auditors to automate the analysis process and make it less costly and time-consuming. Expert-analytical activities for bodies of internal state audit are not regulated by law. This means that the bodies of internal state audit do not conduct an expert-analytical event separately from the audit, as an independent event, in contrast to the bodies of external state audit. Expert-analytical activity for internal state audit bodies is one of the analysis tools for conducting audits, fixed in accordance with the functions of the state body under the Law.


2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  

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


1922 ◽  
Vol 16 (4) ◽  
pp. 665-671
Author(s):  
Harold S. Quigley

The constitution of the Far Eastern Republic, promulgated April 17, 1921, contains ten articles, divided into 184 clauses. There is no preamble. Article I, among other general provisions, sets forth that “The Far Eastern Republic is established as a democratic republic.” Article II names the component parts and the boundary lines of the state and undertakes to maintain the rights and obligations formerly Russian within that territory. The subject of Article III is “Citizens and their Rights.” Included in the latter are equality before the law; freedom of conscience and speech; habeas corpus; inviolability of person, house, and correspondence; and non-liability to arrest without warrant unless taken in the act.


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