scholarly journals Legal Mode of the Seal of Confession. Correlation of Secular and Canon Law

2017 ◽  
Vol 4 (3) ◽  
pp. 71-79
Author(s):  
D V Shibaev
Keyword(s):  
Social Relations ◽  
Canon Law ◽  
Information Access ◽  
Legal Framework ◽  
The State ◽  
Common Interest ◽  
Limited Information ◽  
The Usa ◽  
Seal Of Confession ◽  
The Church

The scope of regulation of social relations associated with both secular and canon law are of great interest for the researchers. In particular, they are related to the constitutional presumption of separation of church and state. At the same time, there is the tendency of more convergence of the church with the state in matters concerning property, correlation of church and secular education, etc. Implementing the mode of limited information access, the subjects of which are the clergy, is also a sphere of common interest for the state and the church. The use of the comparative - legal research methods, methods of analysis and synthesis of the situation have made it possible to relate the norms of canon and secular law, and identify elements of their relations. The main purpose of the paper is the comprehensive research of the seal of the confessional, its conceptual apparatus, regulation, judicial practice, forms and types of responsibility for its violation. This paper examines the historical aspects of the formation of the seal of confession, starting with the Spiritual Regulations and up to modern ecclesiastical and secular norms. It indicates the specifics of the Spiritual Regulations, which excluded the absolute inviolability of the seal of the confessional, provided the information is related to the security of higher officials. The paper also deals with the legal framework of the seal of the confessional, being a professional religious mystery as well as the legal mode and a form of the information limited in access. With reference to the Basics of the Social Concept of the Russian Orthodox Church the requirements for a priest how to qualify the information told by his parishioner. The article contains some features of the seal of the confession practice abroad, particularly in Germany and the USA. Occasionally, US law provides for the circumstances where the communication of the clergy and their parishioners should remain confidential. There is, however, the requirement compelling the priest to report where protection of children is involved. The jurisprudence support the rules regulating the seal of confession. Three relevant cases have been studied by the authors and they highlight the separation of secular and religious laws.

scholarly journals About the state of Ukrainian Orthodoxy

2013 ◽  
pp. 226-232
Author(s):  
Igor Isychenko
Keyword(s):  
Religious Faith ◽  
The State ◽  
Communist Society ◽  
Political Force ◽  
Decisive Influence ◽  
American Citizen ◽  
The Social ◽  
The Usa ◽  
The Church

Mistakes in the assessment of the church situation in Ukraine are most often associated with an irrational decisive influence on the confessional situation of the social realities of the post-communist society. A factor that is indisputable for an American citizen is that religious faith is a personal business in Ukraine can be declared, but not seriously perceived by any political force. Moreover, traditionally atheistic parties reveal unexpected activity in confessional affairs. I do not know if they saw here, in the USA, the election racist video of the party of Progressive Socialists Natalia Vitrenko? There, the devout grandmother in the church turns to the high monk in a hood for blessing. He suddenly returns - he's black! My grandmother scowled back, and on the screen are visible titles: "Let's protect the canonical Orthodoxy!"

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals Foundation of theological college in Belgrade and establishment of legal framework for its functioning

2007 ◽  
Vol 39 (1) ◽  
pp. 165-180
Author(s):  
Dragan Novakovic
Keyword(s):  
Theological Education ◽  
Legal Framework ◽  
The State ◽  
Teaching Staff ◽  
Collective Consciousness ◽  
Continuous Activity ◽  
History Of ◽  
European Standards ◽  
The Right ◽  
The Church

The foundation of the Theological College in Belgrade is viewed in the context of complex political circumstances which followed the restoration of the Serbian state and the efforts of the Serbian church to gain autonomy and the right to elect bishops independently from the Universal Patriarchate. Once having achieved these goals, and with a conviction that the achieved must be defended and maintained by knowledge and education, the state authorities founded a seminary for education of priests and teachers capable to carry out national and spiritual reformation. The accord between the state and the Church regarding the strategic aims enabled the very first vocational school in Serbia to develop continuously its curricula and hire better and better teaching staff each year. However, due to the change of circumstances, the state passed the laws by which it enforced its dominance and showed a clear intent to subordinate theological education to its control. Yet, by its continuous activity during two crucial centuries, the Seminary became a part of collective consciousness, and its cadres contributed actively to the creation of original cultural and value patterns and preservation of national identity of the Serbian nation. The brilliant history of this school and its precious experience can be of great encouragement not only to the researchers of our pedagogical inheritance but also to all those who are engaged in reforming and adjusting education in Serbia to the European standards. .

scholarly journals Religious Determinates of State Power in Globalization Era

2019 ◽  
pp. 75-82
Author(s):  
Alexander Yeremin
Keyword(s):  
21St Century ◽  
Comparative Method ◽  
Public Support ◽  
State Power ◽  
Legal Framework ◽  
Clash Of Civilizations ◽  
National Cultures ◽  
The Usa ◽  
The Church

At the turn of the 21st century, despite the irreversible integration of the global cultural space, which is an integral part of the globalization process, the process of national cultures’ glocalization is becoming obvious. The clash of civilizations [14] manifests itself in the aspiration to update traditional, archetypal foundations inherent to a culture, which is represented in all areas of life, including the state power. The paper attempts to begin scientific research on this subject. The author analyzes officials’ addresses and declarations, regulatory and legal framework of the faith system, materials of public campaigns by the Church and the authorities, studying the existing discourse. He uses the comparative method to study the occurring phenomena in the context of Russia’s historical experience. The paper argues that the process of enhancing religious imperatives in authorities’ manifestations grows stronger during increased animosity with Europe and the USA after 2014, which marked the border of actualizing the “enemy” imperative based on Russia’s characteristic “challenge and response” imperative [10]. The authorities are actively using religious images for their legitimation and public support. Within the context of cultural studies approach, the author makes a conclusion that images are generated in Russia’s cultural field that are rooted in archetypal notions of the “Holy Rus” based on traditions of hesychasm, Russia’s special mission, that existed specifically in the conceptualized idea of “Moscow as the Third Rome”. These imperatives are becoming relevant in new shapes and the Church plays the role of a certain contemporary Kulturtrager, enhancing new / old images and thus developing the paradigm of a “symphony” between religious and secular authorities, which evidences the enhancement of traditional foundations of the Russian culture and sacralization of power at the turn of the 21st century.

scholarly journals WORLD'S BEST PRACTICE ANALYSIS FOR CRITICAL INFORMATION INFRASTRUCTURE PROTECTION

2020 ◽  
Vol 2 (10) ◽  
pp. 184-196
Author(s):  
Sergiy Gnatyuk ◽  
Yuliia Polishchuk ◽  
Yuliia Sotnichenko ◽  
Dauriya Zhaksigulova
Keyword(s):  
Best Practice ◽  
Critical Infrastructure ◽  
State Level ◽  
Information Infrastructure ◽  
Legal Framework ◽  
The State ◽  
Critical Infrastructure Protection ◽  
Infrastructure Protection ◽  
Critical Information ◽  
The Usa

According to the large number of cyber incidents that occur every day, the process of critical infrastructure protection is an important not only technical but also scientific task. However, not all states in the world have an opportunity to provide high-quality protection of such infrastructure at a high level. Based on the fact that the critical information infrastructure protection should be managed at the state level, states need to develop a regulatory framework to address the above issue. Considering the legal framework of Ukraine, as in most post-Soviet countries, there is no effective approach to the protection of critical information infrastructure, such as in the USA or in the EU. The legislation of Ukraine identifies only certain objects of the socio-economic sphere, emergencies where they can lead to socially dangerous consequences, while a single procedure for identification and classification of critical infrastructure is not developed. A number of basic terms in the field of critical infrastructure protection from cyber threats, including “critical infrastructure” term, remain normatively vague. The mechanism of organization of activity and interaction of state and private structures in the process of critical infrastructure protection needs scientific substantiation. In this paper, the analysis of the world’s best practices concerning critical information infrastructure protection was carried out, that allows to improve qualitatively, at the state legislative level and practice, process of critical information infrastructure protection of Ukraine.

Agents of Power, Landscapes of Fear: The Vampires and Heart Thieves of Madagascar

1994 ◽  
Vol 12 (4) ◽  
pp. 421-436 ◽  
Author(s):  
Lucy A Jarosz
Keyword(s):  
Social Relations ◽  
Church And State ◽  
The State ◽  
Landscape Of Fear ◽  
Race And Class ◽  
The Social ◽  
Colonial Capitalism ◽  
The Church

Vampires and heart thieves have, it is said, inhabited the island of Madagascar for the last century. These mythic figures signify relations of identity tied to the global processes of colonial capitalism, modernism, and imperialism as they relate to a colonized Africa, and more specifically, to the island of Madagascar. The vampire and heart thief express the array of extractive processes rooted in the social relations between colonizer and colonized, political subjects, empire, church, and state. These mythic figures are manipulated by various groups to fulfil specific local political agendas and invoke difference based upon race and class. Rumors and sightings of vampires and heart thieves create a landscape of fear which enables or constrains complicity with, or rebellion against, agents of the state and the church.

scholarly journals Categorical characteristics of participants in cases considered by church and judicial authorities in Tobolsk diocese in the 17th–18th cс.

2020 ◽  
Vol 12 (6) ◽  
pp. 81-92
Author(s):  
Natakia S. Kharina ◽  
◽  
Elena. N. Petukhova ◽  
Keyword(s):  
Canon Law ◽  
Family Relations ◽  
Legal Framework ◽  
Judicial System ◽  
Court Cases ◽  
Russian Orthodox Church ◽  
Theoretical Understanding ◽  
History Of ◽  
Historical Comparative ◽  
The Church

The actualization of attention to this problem is caused by the fact that there has been a revival and development of the church and judicial system in Russia. It is obvious that the church and judicial system and canon law influenced on the formation of the Russian judicial system. The scientific novelty of this study is that it reflects the sources that were first introduced into scientific circulation, which contributes to a deeper theoretical understanding and actual enrichment of this problem. The aim of the study is to give a categorical description of the participants in court cases and the system of punishment in the Tobolsk diocese in the 17th–18th centuries, since the formation of the judicial system in the region has special features. Despite the large number of works on the history of the Russian Orthodox Church, the normative legal framework and practice of the church and judicial system were not given sufficient attention. The analysis of the material obtained in the course of this study makes it possible to fill in the existing gaps. The methodological basis of the research is the principle of historicism (from which private methods – problem-chronological, historical-comparative, historical-system and historical-typological), the principle of systematic and the principle of objectivity. The archpastors of Tobolsk had broad powers in church and judicial matters, based on the decrees of the tsar and the patriarch. To their help were appointed clerical elders, customers, the desyati and the pyatidesyati priests, the vicars, desyatilniy, deacons, boyars' children, thanes, lenders, bailiffs and nedelschick etc. A particularly acute problem in the study period was family relations, which was aggravated by the lack of a sufficient number of women in Siberia. The result of the study should be a description of the participants in cases and punishments considered by the church and judicial authorities of the Tobolsk diocese. Most of the church court cases concerned certificates of illegal marriages, divorce, forced marriage and theft of church property, dishonest behaviour of clergies and clergymen, etc.

Corporate culture as a driver of the corporate security of foreign military-industrial enterprises

2020 ◽  
Vol 16 (12) ◽  
pp. 2363-2380
Author(s):  
S.B. Zainullin ◽  
O.A. Zainullina
Keyword(s):  
Corporate Culture ◽  
Economic Security ◽  
The State ◽  
Industrial Complex ◽  
The European Union ◽  
Corporate Security ◽  
Industrial Enterprises ◽  
The Core ◽  
The Usa ◽  
The Military

Subject. The military-industrial complex is one of the core industries in any economy. It ensures both the economic and global security of the State. However, the economic security of MIC enterprises strongly depends on the State and other stakeholders. Objectives. We examine key factors of corporate culture in terms of theoretical and practical aspects. The article identifies the best implementation of corporate culture that has a positive effect on the corporate security in the MIC of the USA, the United Kingdom, the European Union, Japan ans China. Methods. The study employs dialectical method of research, combines the historical and logic unity, structural analysis, traditional techniques of economic analysis and synthesis. Results. We performed the comparative analysis of corporate culture models and examined how they are used by the MIC corporations with respect to international distinctions. Conclusions and Relevance. The State is the main stakeholder of the MIC corporations, since it acts as the core customer represented by the military department. It regulates and controls operations. The State is often a major shareholder of such corporations. Employees are also important stakeholders. Hence, trying to satisfy stakeholders' needs by developing the corporate culture, corporations mitigate their key risks and enhance their corporate security.

The Prophetic Voice of the Church in a Democratic South Africa – A Theological Reflection

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Lufuluvhi Maria Mudimeli
Keyword(s):  
South Africa ◽  
Economic Transformation ◽  
The State ◽  
Black Liberation ◽  
South Africans ◽  
Black Liberation Theology ◽  
Prophetic Voice ◽  
The Face ◽  
The Church

This article is a reflection on the role and contribution of the church in a democratic South Africa. The involvement of the church in the struggle against apartheid is revisited briefly. The church has played a pivotal and prominent role in bringing about democracy by being a prophetic voice that could not be silenced even in the face of death. It is in this time of democracy when real transformation is needed to take its course in a realistic way, where the presence of the church has probably been latent and where it has assumed an observer status. A look is taken at the dilemmas facing the church. The church should not be bound and taken captive by any form of loyalty to any political organisation at the expense of the poor and the voiceless. A need for cooperation and partnership between the church and the state is crucial at this time. This paper strives to address the role of the church as a prophetic voice in a democratic South Africa. Radical economic transformation, inequality, corruption, and moral decadence—all these challenges hold the potential to thwart our young democracy and its ideals. Black liberation theology concepts are employed to explore how the church can become prophetically relevant in democracy. Suggestions are made about how the church and the state can best form partnerships. In avoiding taking only a critical stance, the church could fulfil its mandate “in season and out of season” and continue to be a prophetic voice on behalf of ordinary South Africans.

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