THE LEGAL – POLITICAL POSITION OF THE ISLAMIC RELOGIOUS COMMUNITY IN THE KINGDOM OF SCS JUGOSLAVIA (1918-1935)

2018 ◽  
Vol 28 (7) ◽  
pp. 2459-2466
Author(s):  
Rejhan Mandak
Keyword(s):  
World War I ◽  
Legal Status ◽  
Religious Community ◽  
Peace Treaty ◽  
Muslim Population ◽  
Islamic Religion ◽  
The Status ◽  
Court Proceedings ◽  
Marital Disputes ◽  
The 19Th Century

The position and organization of the Islamic religious community of Muslims in the newly formed Kingdom of SCS in different parts of the country were set differently. The Islamic religion in the Kingdom of Serbia during the second half of the 19th century, up to the World War I, had the status of a recognized religion, but not equal to the Orthodox one. Up to the First Balkan War, Islam had the same status in Macedonia. After the Balkan Wars (1912–1913), the Ottoman rule ceased in Macedonia, Kosovo and Sandjak. The new territories were added to the Kingdom of Serbia and Montenegro. In these areas, the Muslim population was significant in numbers, so the question of their religious and civil-legal status was raised. These questions were also entered into the content of the Peace Treaty, signed between the Kingdom of Serbia and the Ottoman State on 14th March, 1914, in Istanbul. The Constantinople Agreement envisioned establishment of an entire religious organization of Muslims in the Kingdom of Serbia. The head of Muslims for the Kingdom of Serbia was the Supreme Mufti seated in Nis, and later in Belgrade, and in each Muslim-populated district there would be a mufti, which had local religious, administrative, educational and judicial power over the Muslim population. One of the characteristic of the Muslims in Vardar Macedonia, as well as in Kosovo and Sandjak, is that the religious and sharia-judicial functions were merged in one person – the mufti. With the Decree on the organization of courts and court proceedings in the incorporated areas in old Serbia, (referring to Macedonia, Kosovo and Sandjak) from 7th June, 1914, the jurisdiction of the mufti also included marital disputes of Muslims, disputes over support, guardianship and its obligations, as well as the emancipation of young people.

THE LEGAL – POLITICAL POSITION OF THE ISLAMIC RELOGIOUS COMMUNITY IN THE KINGDOM OF SCS JUGOSLAVIA (1918-1935)

2018 ◽  
Vol 28 (7) ◽  
pp. 2459-2466
Author(s):  
Rejhan Mandak
Keyword(s):  
World War I ◽  
Legal Status ◽  
Religious Community ◽  
Peace Treaty ◽  
Muslim Population ◽  
Islamic Religion ◽  
The Status ◽  
Court Proceedings ◽  
Marital Disputes ◽  
The 19Th Century

The position and organization of the Islamic religious community of Muslims in the newly formed Kingdom of SCS in different parts of the country were set differently. The Islamic religion in the Kingdom of Serbia during the second half of the 19th century, up to the World War I, had the status of a recognized religion, but not equal to the Orthodox one. Up to the First Balkan War, Islam had the same status in Macedonia. After the Balkan Wars (1912–1913), the Ottoman rule ceased in Macedonia, Kosovo and Sandjak. The new territories were added to the Kingdom of Serbia and Montenegro. In these areas, the Muslim population was significant in numbers, so the question of their religious and civil-legal status was raised. These questions were also entered into the content of the Peace Treaty, signed between the Kingdom of Serbia and the Ottoman State on 14th March, 1914, in Istanbul. The Constantinople Agreement envisioned establishment of an entire religious organization of Muslims in the Kingdom of Serbia. The head of Muslims for the Kingdom of Serbia was the Supreme Mufti seated in Nis, and later in Belgrade, and in each Muslim-populated district there would be a mufti, which had local religious, administrative, educational and judicial power over the Muslim population. One of the characteristic of the Muslims in Vardar Macedonia, as well as in Kosovo and Sandjak, is that the religious and sharia-judicial functions were merged in one person – the mufti. With the Decree on the organization of courts and court proceedings in the incorporated areas in old Serbia, (referring to Macedonia, Kosovo and Sandjak) from 7th June, 1914, the jurisdiction of the mufti also included marital disputes of Muslims, disputes over support, guardianship and its obligations, as well as the emancipation of young people.

scholarly journals Analysis of real-estate property issues between the Serbian Orthodox Church and the Montenegrin state in the context of adopting the Act on freedom of religion or belief and the legal status of religious communities

2020 ◽  
Vol 59 (88) ◽  
pp. 111-133
Author(s):  
Sanja Arežina
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Religious Community ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Adoption Process ◽  
Orthodox Church ◽  
The Status ◽  
Estate Property ◽  
Mutual Relations

The entry into force of the Act on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter: the Freedom of Religion Act) in January 2020 provoked reactions and protests from the Orthodox population of Serbian descent in Montenegro because some provisions of this Act allow for the confiscation of centuries-old real-estate property of the Serbian Orthodox Church dioceses in Montenegro. It should be noted that the Serbian Orthodox Church (SOC) is the only religious community in Montenegro with which the Montenegrin authorities have not concluded a Fundamental Agreement on the Regulation of Mutual Relations. In order to reach a compromise solution, negotiations have begun between the dioceses of the SOC in Montenegro and the Montenegrin authorities. In this article, the author discusses the history of relations between the SOC and the Montenegrin state in the period from the beginnings of Montenegrin statehood in the 15th century to the enactment of the the Freedom of Religion Act in early 2020. In particular, the paper focuses on the regulation of real-estate property issue in that period, the factors that influenced the adoption of this Act, the adoption process, the analysis of provisions related to real-estate property issues, and the recommendations of the Venice Commission. The author uses the structural-functional analysis, induction and deduction methods to prove the basic hypothesis that the Montenegrin authorities will not be able to ignore the legitimate rights of the SOC's dioceses in Montenegro regarding the regulation of real-estate property issues, and that the two sides will find an interest to reach a compromise during the negotiations on the disputed Act and conclude the Fundamental Agreement in order to permanently resolve the status of the Serbian Orthodox Church in Montenegro.

ARKADIY YAKOVLEVICH TUGARINOV AND THE FORMATION OF KRASNOYARSK MUSEUM

2021 ◽  
pp. 207-214
Author(s):  
Nadezhda M. Dmitrienko ◽  
◽  
Eduard I. Chernyak ◽  
Keyword(s):  
World War I ◽  
Museum Collections ◽  
World War ◽  
Geographical Society ◽  
District Council ◽  
The Status ◽  
History Of ◽  
Science And Education ◽  
The University ◽  
The 19Th Century

The authors of this article continue to explore the history of museum science in Siberia through biographies of museum experts. Based on the biographic materials of the native of Saratov Arkadiy Tugarinov (1880–1948) they trace the formation of his interests to study of local nature and history. They point out that this interest was not accidental. Since the middle of the 19th century, when the disgraced historian Kostomarov was in Saratov, that city has developed as a center of local studies. The article shows that Tugarinov graduated from a real school, but could not study at the university. He lost his father early and had to help his family. He worked in the soil laboratory of the Saratov provincial district council. He joined the Society of naturalists, studied the flora and fauna of the Volga territories. Soon he began to work in Saratov Museum, and participated in the 11th Congress of Russian naturalists and doctors in St. Petersburg. So he became known among researchers and museum workers. In 1905, Tugarinov was invited to take up the post of curator of Krasnoyarsk Museum. Created in 1889 with private funds of the merchant couple Matveyevs the museum eventually acquired the status of urban one. Since 1903, the museum was managed by the Krasnoyarsk sub-department of the Imperial Russian Geographical Society. Then the department guidance invited A. Tugarinov to head the museum. So A.Ya. Tugarinov ran the Krasnoyarsk Museum for more than 20 years, from 1905 to 1926. He was concerned about attracting people devoted to museum work to the Krasnoyarsk museum. He organized many expeditions through Siberia, the participants of which delivered to the museum collections on zoology, botany, history, ethnography, archaeology and others. All objects delivered to Museum were described, systemized and used to create expositions and exhibitions, as well as to write scientific works. The most famous scientific articles based on museum collections were prepared by Arkadiy Tugarinov, Nikola Auerbakch, Maria Krasnozhenova and former Austrian prisoner of the World War I Gero von Mergart. In total, during the years of Tugarinov's work, the funds of the Krasnoyarsk Museum reached 144000 items. In terms of the overall performance of its work, the Krasnoyarsk Museum came out on top in Siberia. Authors of this articles believed that A.Ya. Tugarinov was one of the most successful museum leaders; he proved that museum activity is the most important factor in the development of science and education in Siberia.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

Transition of the Rusins of Austria-Hungary to the bosom of Orthodoxy in the end of 19th - beginning of 20th century: Lost perspective for Russia

2020 ◽  
Vol 2020 (10-4) ◽  
pp. 196-205
Author(s):  
Vadim Mikhailov ◽  
Konstantin Losev
Keyword(s):  
World War I ◽  
Cultural Identity ◽  
Russian Empire ◽  
Orthodox Church ◽  
Negative Consequences ◽  
World War ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Military ◽  
Church Policy

The article is devoted to the issue of Church policy in relation to the Rusyn population of Austria-Hungary and the Russian Empire. In the second half of the 19th century, the policy of the Austro-Hungarian administration towards the Rusyn Uniate population of the Empire underwent changes. Russia’s victories in the wars of 1849 and 1877-1878 aroused the desire of the educated part of the Rusyns to return to the bosom of the Orthodox Church. Nevertheless, even during the World War I, when the Russian army captured part of the territories inhabited by Rusyns, the military and officials of the Russian Empire were too cautious about the issue of converting Uniates to Orthodoxy, which had obvious negative consequences both for the Rusyns, who were forced to choose a Ukrainophile orientation to protect their national and cultural identity, and for the future of Russia as the leader of the Slavic and Orthodox world.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

THE ISSUE OF MINORS’S GUARDIANSHIP SENTENCED TO IMPRISONMENT

2020 ◽  
pp. 33-37
Author(s):  
Ирина Викторовна Евстафьева
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Careful Consideration ◽  
Point Of View ◽  
Sufficient Detail ◽  
Domestic Legislation ◽  
The Status ◽  
Correct Understanding ◽  
The Given

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.

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