GARANCIJE ŽIVOTA U KRALjEVINI SRBA, HRVATA I SLOVENACA – ODJECI VIDOVDANSKOG USTAVA U NjEGOVOM TRAJANjU I DANAS

2021 ◽  
Author(s):  
Dragana Ćorić ◽  
Keyword(s):  
Death Penalty ◽  
The State ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Personal Freedom ◽  
The Press ◽  
New Community ◽  
The Moment ◽  
The Right

The Constitution of the Kingdom of Serbs, Croats and Slovenes, adopted on June 28, 1921, established a certain framework of rights and freedoms of citizens in the new state, in a different way than it had been until then. The constitution did not recognize nobility, titles, "or any advantages by birth," except for the King and his family. It guaranteed personal freedom and freedom of religion - again within the limits allowed by law; freedom of conscience and the press, the right of association, assembly and agreement. He forbade greenery, abolished feudal relations, and on the day of liberation from foreign rule, the peons became, without compensation, the owners of the state land on which they had worked until then. This Constitution also provided for freedom from the death penalty and the principles of talion,except in cases of attacks on the King and members of the Royal House. The paper outlines the picture of life in the new community, as conceived by this constitution. The results of this constitution from the moment of its adoption to its repeal and onwards are analyzed. Since this constitution was the foundation of a new state and a new society, the analysis with previous acts is not possible, because there are no parameters of the same name for comparison. Therefore, this act can be considered only pro futuro, even after its repeal, because the echoes of this act still exist today.

Creating and Contesting the American State of Nature

2019 ◽  
pp. 159-217
Author(s):  
Mark Somos
Keyword(s):  
English Language ◽  
Freedom Of Speech ◽  
The State ◽  
Rapid Expansion ◽  
Freedom Of Conscience ◽  
Natural Community ◽  
State Of Nature ◽  
The Press ◽  
Close Relationship ◽  
The Right

Chapter 5 describes the contestation and consolidation of this trope, and the beginning of its transformation from a vindication of protest into the foundation of an American natural community. Illustrating the close relationship between English-language state of nature texts on both sides of the Atlantic, the chapter follows the rapid expansion of the state of nature discourse to constitutional issues such as the freedom of conscience and opinion, the freedom of speech and of the press, secession, the right to meaningful representation, and the relevance or irrelevance of rights guaranteed under competing versions of a semi-mythical ancient constitutionalism. The chapter carries previous analyses of rival loyalist and patriot interpretations of the state of nature on to these topics.

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 Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

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.

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

scholarly journals AKTUALISASI NILAI-NILAI PANCASILA TERHADAP HAK ATAS KEBEBASAN BERAGAMA DAN BERIBADAH DI INDONESIA

2018 ◽  
Vol 47 (1) ◽  
pp. 40
Author(s):  
Sekar Anggun Gading Pinilih
Keyword(s):  
Religious Pluralism ◽  
The State ◽  
Freedom Of Religion ◽  
Legal Basis ◽  
Belief In God ◽  
The Right

Indonesia is a religious pluralism country, not only one religion is recognized by the state but more than one religion and belief. Every Indonesian people has the freedom to choose, embrace, teach religion according to his belief without interruption and disturbing from others. Pancasila comes as a unifying nation in running the diversity, especially the value of Belief in God. This value then animates Article 28 E Paragraph (1) and Article 29 of the Constitution of Indonesia as the legal basis for guarantee the right to freedom of religion and worship. 

Part 1 Freedom of Religion or Belief, 1.3.9 Communicate with Individuals and Communities on Religious Matters at the National and International Level

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
The State ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Public Order ◽  
International Level ◽  
Right To Communicate ◽  
The Right ◽  
Domestic Level

This chapter focuses on issues concerning the right to communicate on religious matters at the national and international level. Such communications not only encompass transmitting and receiving verbal or written religious messages, but also personal contacts, processions, and pilgrimages. At the domestic level, processions or parades may provoke violent clashes and public order problems, often leading the State authorities to ban or restrict such processions. Meanwhile, at the international level, religious communities and their pilgrimage sites are usually not confined to the territory of only one State, which naturally leads to the need for international communications and pilgrimages. This situation illustrates the overlap of the right to communicate in matters of religion also with the rights to disseminate publications and to teach a religion or belief. Issues of interpretation include the questions whether communications are also covered by this freedom if they are made for proselytizing purposes or if they involve transfrontier travels in order to attend a religious meeting or undertake a pilgrimage.

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 In the matter of some issues on the notice of accusation according to criminal procedural law of Ukraine

2020 ◽  
pp. 95-109
Author(s):  
Mykola Misechko
Keyword(s):  
The State ◽  
Procedural Law ◽  
Special Procedure ◽  
Legislative Regulation ◽  
Procedural Code ◽  
Basic Concepts ◽  
The Moment ◽  
The Right ◽  
Primary Form

The author examines the problematic issues of the essence of the notification of suspicion, its concept, meaning, which scientists interpret as: procedural activity, the meaning of which is the preparation by the investigator or prosecutor of a written notice of the suspicion and its delivery to the person in accordance with Art. art. 276-279 of the Criminal Procedural Code of Ukraine; procedural decision; procedural action; institute of criminal procedural law; pre-trial stage and the form of notification; pre-trial investigation stage; the first stage of formation of the state prosecution; the primary form of indictment against a specific person; commencement of the prosecution function. The ambiguous legislative regulation of the institution of notification of suspicion is considered, in particular, the absence of specific normative consolidation of the basic concepts of the institution of notification of suspicion and contradiction of the articles of the Criminal Procedural Code of Ukraine (Article 177 and Article 276), and chapter 22 of the Criminal Procedural Code of Ukraine, entitled “Notification of suspicion” regarding the connection of the procedural activity from the notification of suspicion with the array of the procedural actions of the investigator and / or prosecutor, the meaning of which is to establish legal and factual grounds for notification of suspicion (Art. 276), the drafting of a written procedural document (notice of suspicion) (art. 277) and its delivery to a person (art. 278). Attention is drawn to certain aspects when giving notice of suspicion and explaining rights to a person, as well as to typical procedural errors when notifying a person of suspicion, namely, acquisition of the procedural status of a suspect from the moment of actual delivery of mail with notification of suspicion; the formal explanation to suspects of the scope of their rights, the possibility of abuse by investigators and prosecutors of the right to apply a special procedure for notifying a person of suspicion. Key words:notice of accusation (suspicion notification), legal and factual grounds for suspicion notification, procedure for suspicion notification, notice of accusation submission, explaining rights to the suspect, notification delivery, typical procedural errors.

scholarly journals Whether the right of pursuit is constitutional property interest protectible against the state II part

2018 ◽  
pp. 89-105
Author(s):  
Nenad Tešić
Keyword(s):  
Organized Crime ◽  
The State ◽  
Good Faith ◽  
Property Interest ◽  
Freezing Procedure ◽  
Proceeds Of Crime ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Subjective Rights

The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.

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