scholarly journals Interaction between church and state in light of constitutional amendment with the mention of “faith in God”

2020 ◽  
pp. 23-37
Author(s):  
Aleksei Igorevich Ovchinnikov ◽  
Gennadii Viktorovich Nefedovskii
Keyword(s):  
Human Rights ◽  
Church And State ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Amendment ◽  
Legal Analysis ◽  
Russian Orthodox Church ◽  
Foreign Countries ◽  
History Of ◽  
Liberty Of Conscience

The subject of this research is the constitutional amendment related to mentioning the name of God in the context of interaction between the Russian Orthodox Church and the state in the conditions of establishment of a new postsecular reality. Attention is turned to the new trends in state legal development of Russian and foreign countries, caused by more tolerant and friendly attitude of government institutions to religion. Analysis is conducted on “pros” and “cons” of this amendment from various perspectives: legal values, history of state and law, human rights to liberty of conscience. The objections against this amendment are viewed through the prism of arguments of secularity of the state. Research methodology is based on the axiological, historical and comparative-legal analysis of the problem. The main conclusions consist in the following statements: it is necessary of acknowledge the promptness of constitutional recognition of such value as “faith in God” from the position of the common  unifying idea in terms of the Russian federalism; such amendment would contribute to more effective legal regulation of the religious rights and freedoms; it would regulate state-confessional relations; constitutionalization of religious values leads to insurance of human rights to liberty of conscience, as well as protection of the feelings of believers and religious security of the society. Acceptance of constitutional amendment with the mention of “faith in God” is reasonable and timely; and its placement within the Chapter of “Federal Structure” is justified, although in would be more appropriate in the preamble.

scholarly journals GEOCULTURAL APPROACH OF THE WORLDOUTLOOK RESEARCH PROGRAM: ON THE PROBLEM OF INTERACTION OF LIBERAL AND TRADITIONAL STANDARDS

2020 ◽  
Vol 15 (1) ◽  
pp. 94-124
Author(s):  
Sergey A. Kalinin
Keyword(s):  
Human Rights ◽  
Research Program ◽  
System Analysis ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
Russian Orthodox ◽  
Orthodox Church ◽  
Present Stage ◽  
Russian Orthodox Church

The reсonsidering of the methodological foundations of modern theoretical jurisprudence includes both the search for new approaches and the identification of the limits and conditions for their adequacy. At the same time, the needs for studying the interaction of the value-worldoutlook nature and the spatial conditionality of the state and law, considered in the logic of an open system, correspond with the geocultural approach. This approach is based on the multi-valued category “geoculture”, that allows one to comprehend the cultural codes and meanings of the transformation of reality and space (world projects), including those that exist as ideas about ideal forms of public power and social regulation. The geocultural approach may be part of such methodological phenomena as the worldoutlook research program, world-system analysis and geomeasurement. At the present stage, the geocultural approach of the worldoutlook research program is most suitable for analyzing the conflict of geocultures, allowing to take into account the replacement of geocultural standards, the crisis of the modern capita list world economy, legitimized by liberal geoculture, and the search for new mo dels of world order, carried out in the framework of the conflict of liberal and traditional values. The importance of understanding this conflict is due to the critical attitude of liberalism towards traditional statehood, its fulfillment of the role of an instrument of “controlled chaos” and an instrument of dominance of the West. The reсonsidering of liberal geoculture is permissible on the basis of the doctrines of traditional religious faiths, among which the Russian Orthodox Church is dominant in the post-Soviet space. Liberal geoculture is a multidimensional phenomenon, which at the same time puts forward the idea of protecting human rights and freedoms, and is an instrument for implementation of an elitist policy, characterized by excessive criticality in relation to the state and government, as well as any categories reflecting collective soli darity. Moreover, human rights, which are an integral part of liberal geoculture, initially stem from the Christian idea of a man as an ontologically free human being, the image and likeness of God, whose status metaphysically extends to anyone, but only his own. Substantially there are three interdependent problems in the phenomenon of human rights, the answer to which predetermines the practice of legal regulation: who is a person (in a particular geoculture), who is recognized as the ontological subject of human rights violations, who is recognized as the relevant subject of human rights protection. The complexity of the attitude of traditional Christianity to human rights, including denial (due to historical reasons for using human rights to marginalize Christianity), understanding, and recognition, is confirmed by the historical practice of the Russian Orthodox Church, which positively interprets this phenomenon in its conceptual documents at the present stage. The foregoing makes it expedient to use the canonical positions and official documents of traditional religious faiths in lawmaking and lawenforcement practice, which are the Russian Orthodox and Roman Catholic Churches for Belarus.

scholarly journals The history of the formation of notariat in Kostroma land

2019 ◽  
pp. 210-213
Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Local History ◽  
The State ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Current State ◽  
History Of ◽  
History Of Law ◽  
State Archives

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.

Prohibition of discrimination: concepts, features and obligations of the state according to the Convention for the protection of human rights and fundamental freedoms

2021 ◽  
Author(s):  
Darina Kosinova ◽  
Arsenii Paliiuk
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The State ◽  
Equal Treatment ◽  
General Level ◽  
Legal Analysis ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

Problem setting. Because of the transformational processes in socio-political life, the problems of ensuring equal treatment of equals and different – to persons who have other, characteristic of certain groups of people, characteristics are becoming increasingly important. Analysis of resent researches and publication. Such scholars as O. Vasylchenko, O. Vashanova, D. Hudyma, N. Dryomina-Volok, B. Nedelek, N. Onishchenko, O. Pankevych devoted their works to the issue of the principles of equality and non-discrimination, in particular in the decisions of the European Court of Human Rights. Target of research. The purpose of this work is to carry out a comparative legal analysis of the scope of the two concepts, namely the “prohibition of discrimination” provided for in Art. 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the “General Prohibition of Discrimination”, which is enshrined in Art. 1 of Protocol № 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms. An additional purpose of this paper is to present ways to overcome the problem of discrimination in Ukrainian society and the problems of legal regulation of discrimination prevention. Article’s main body. Publication is devoted to the analysis of the prohibition of discrimination under Art. 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 1 of Protocol № 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms. International legal acts, which enshrine the provisions on the prohibition of discrimination, have been studied. A comparative legal analysis of the “prohibition of discrimination” and the “general prohibition of discrimination” was made. The author also draws attention to the problems of applying the provisions on non-discrimination in practice. The publication provides a thorough analysis of the case law of the European Court of Human Rights. The characteristic features inherent in the concept of discrimination are indicated in the decisions of the European Court of Human Rights. Positive, negative and procedural responsibilities for prohibiting and combating discrimination are disclosed. In this article investigated the positive duty of the state as ensuring “application of different law in different circumstances”. Regarding negative obligations, the very construction of the prohibition of discrimination implies that states refrain from any unjustified discriminatory treatment in their legislative and law enforcement activities. As for procedural obligations, states should effectively investigate such cases in the event of discrimination. Conclusions and prospects for the development. The construction of the prohibition of discrimination presupposes a certain set of characteristics characteristic only of it. The scope of the general prohibition of discrimination has been significantly increased since Protocol No. 12 was opened for signature by the member states of the Council of Europe. Given that the ECHR is a “living document”, the indicative list of protected features of non-discrimination is being expanded by the case law of the ECtHR. Unfortunately, the general level of tolerance, including that of public authorities, leaves much to be desired.

scholarly journals LEGAL INTERPRETATION IN RUSSIAN LAW: THE UNITY OF THE METHODOLOGICAL AND ACTIVITY APPROACHES

2019 ◽  
Vol 23 (2) ◽  
pp. 200-218
Author(s):  
Yulia A. Gavrilova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Interpretation ◽  
Legal Analysis ◽  
Legal Norms ◽  
Wide Range ◽  
History Of ◽  
Russian Law ◽  
Scientific Attention ◽  
Modern Russian

The problem of legal interpretation in Russian jurisprudence is characterized by an extremely wide range of opinions: from formally dogmatic to postmodern. Every scientist tries to see in the interpretation something «his own». A number of scientists believe that it is possible to discuss the terminology of the question, in particular, the distinction between «interpretation» and «explain». Others consider that the purpose of studying the interpretation is to find the best ways to understand the laws published in the state. For the third, the interpretation is interesting in that it lies at the basis of the discretion of officials in the course of practical work on resolving legal disputes, and this raises questions of the limits of interpretation. For the fourth, the interpretation has the status of an ideological toolkit for solving social problems, for example, in constitutional judicial proceedings. The current doctrinal state of the interpretation problem lags behind the needs of legislation and legal regulation practice. Therefore, the changes in the passport of a scientific specialty 12.00.01 - the theory and history of law and the state; the history of the doctrine of law and the state, which singled out the legal interpretation as an independent method of the study of law, requires due scientific attention. The purpose of the article is to give the author's a generalized idea of the place and meaning of legal interpretation in modern Russian law on the material of available scientific literature. Research methods: formal legal, analysis and synthesis, modeling, extrapolation. The results of the study. The age-old disputes over legal interpretation among scholars and practitioners lawyers, philosophers, politicians are explained by the polysemy of the term «interpretation», which allows considering it, according to the author’s article, in two fundamental meanings: narrow and broad. In a narrow linguistic sense, interpretation is a combination of linguistic methods for analyzing legal texts. In a broadly discursive sense, interpretation is perception, translation (decoding) and extracting the meaning of any legal phenomena. Separately highlighted are the methodological and activity aspects of this problem, focusing respectively on modern approaches to interpreting the phenomena of the entire legal life of society, as an integral part of legal discourse, and traditional approaches to interpretation as special activities aimed at understanding the meaning of textually fixed legal norms using special technical-legal means. It is concluded that the generalized consideration of legal interpretation in modern Russian law is necessary in the unity of the methodological and activity aspects.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals SOCIO-CULTURAL INTERACTION FORMS OF CHURCH AND STATE ON THE EXAMPLE OF THE RUSSIAN ORTHODOX CHURCH

2019 ◽  
Vol 7 (6) ◽  
pp. 60-64
Author(s):  
Evguenia Alexandrovna Belyaeva ◽  
Elena Aleksandrovna Venidiktova ◽  
Dilbar Valievna Shamsutdinova
Keyword(s):  
Church And State ◽  
Well Being ◽  
The State ◽  
Russian Orthodox ◽  
Russian Society ◽  
Orthodox Church ◽  
Cultural Interaction ◽  
Russian Orthodox Church ◽  
Teachers And Students ◽  
The Church

Purpose: the aim of the undertaken study is to consider the dynamics of the church-state relationship in the context of Russian new cultural tendencies at the turn of the century. Methodology: Thus, The methodological basis of the research was formed by philosophical analysis of the church-state relationship, historicism and comparison principles. The following tasks were being solved: defining the interaction ways between the religious organizations and the state on the modern stage of the Russian society development; pointing out the prospects of consolidation of both the сhurch and the state around the democratic civil society fostering program in XXI century; revealing the need to promote respectful attitude towards human values as an integral part of spiritual culture. Result: The authors achieved the following results within the study: A wider notions of church and state were introduced demonstrating the similarity of some of their functions: offering moral guidance for social well-being; historic doctrinal models “caesaropapism”, “papocaesarism” and “symphony(concordance) of powers” were identified and characterized alongside with their secular counterparts - separation and cooperation models of church-state relationship. In conclusion of the article the urgent need for the transition of church-state relationship from political to social and cultural spheres was justified. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Socio-Cultural Interaction Forms of Church and State on the Example of the Russian Orthodox Church is presented in a comprehensive and complete manner.

scholarly journals Legal regulation of price formation in Mengjiang in the context of economic function of the Mongolian Statehood: a historical-legal overview

2021 ◽  
pp. 37-46
Author(s):  
Pavel Nikolaevich Dudin
Keyword(s):  
Economic Policy ◽  
Legal Regulation ◽  
The State ◽  
Social Consequences ◽  
Price Formation ◽  
Legal Analysis ◽  
Economic Management ◽  
Independent State ◽  
Broad Array ◽  
Economic Function

The object of this article is legal regulation of the economic policy of Japan in the occupied territories of Northeast China. The subject of this research is the legal mechanism for regulating price formation in Inner Mongolia during the existence of Mengjiang State. Based on the fact that the Japanese side sought to ensure that the new political unit, i.e. the State of Mengjiang would formally comply with the attributes of an independent state, the author infers the substantive part from the economic function of the state. The goal of the article consists in carrying out a historical-legal analysis of the legal regulation of price formation in Mengjiang. The author sets the task to give characteristics to the normative legal acts of Mengjiang that pertain to price formation; reveal their meaning, content, as well as the legal and social consequences of their application. The author concludes on the effectiveness of legal instruments of economic policy implemented for controlling price formation, with reservation that the military and economic efficiency should not be confused with social and humanitarian efficiency, as it was practiced by the Mengjiang government. The author’s special contribution consists in reconstruction of the legal instruments for economic management of a large region in East Asia, as well as in updating the existing information with new facts. The scientific novelty lies in introduction into the scientific discourse of new data that was previously unknown to a broad array of researchers.

scholarly journals Comparative legal analysis of the anti-corruption policy in Ukraine and Poland

2021 ◽  
Vol 39 (69) ◽  
pp. 91-114
Author(s):  
Oleksandra Zakharova ◽  
Olena Harasymiv ◽  
Olga Sosnina ◽  
Oleksandra Soroka ◽  
Inesa Zaiets
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
Soviet Union ◽  
Eastern Europe ◽  
Market Economy ◽  
Former Soviet Union ◽  
The State ◽  
Legal Analysis ◽  
International Treaties

Effective counteraction to corruption remains relevant in some countries of Eastern Europe and the former Soviet Union, given that manifestations of corruption are a real obstacle to the realization of human rights, social justice, economic development and jeopardizes the proper functioning of a market economy. However, if such countries of the region, such as Poland, succeeded in ensuring the implementation of an effective anti-corruption policy, a number of post-Soviet countries, in particular Ukraine, faced significant obstacles to overcoming corruption and effectively implementing national anti-corruption policies. Therefore, within this article, a comparative legal analysis of the anti-corruption legislation of these countries has been carried out. The state of implementation of national anti-corruption policies and the formulated conclusions, which provide answers to the questions of improving the implementation of national anti-corruption policy, in particular Ukraine, are considered. Thus, the existence of modern national anti-corruption legislation that best meets the requirements and recommendations on which the state relies on relevant international treaties can be the key to successful anti-corruption efforts.

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