scholarly journals Problematic Aspects of Measuring the Legal Status of Neo-Religions in Ukraine

2007 ◽  
pp. 95-99
Author(s):  
Mykhailo Yu. Babiy
Keyword(s):  
Legal Status ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Religious Expression ◽  
Effective Mechanism ◽  
Legal Norms ◽  
Collective Levels ◽  
Scientific Reflection ◽  
The Individual

First of all, I consider it necessary to note that the full value of freedom of existence of religious organizations (all without exception) operating in the territory of our country, the realization of their tasks, goals depends first of all on the effective mechanism of their legal support and legal guarantees. It is clear that the legal norms fixed in the legislation of Ukraine, which relate to the sphere of freedom of religion, concern only the plane of realization of freedom of conscience - freedom of religious expression both at the individual and the collective levels. This is an extremely pressing issue that needs scientific reflection.

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.

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 Religious Tolerance, Freedom of Conscience, Freedom of Religion and Belief in the period of Establishment of Christianity

2020 ◽  
pp. 10-19
Author(s):  
Mykhailo Babii
Keyword(s):  
Roman Empire ◽  
Late Antiquity ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Christian Church ◽  
Christian Understanding ◽  
Evolution Of Ideas ◽  
The Individual ◽  
The Right ◽  
Spiritual Freedom

The author examines the process of establishment of Christian understanding of freedom of conscience and freedom of religion and tolerance. In doing so, he draws on the achievements of the Greek and Greek-Roman traditions of interpreting freedom of conscience. The time of late antiquity accounts for the time of organizational establishment and strengthening of the new religion - Christianity. Describing this period, the author notes the presence of a variety of cults and sects in which foreign gods (in particular, Egyptian and Iranian) were worshiped. In this situation, individuals were free to choose their faith and satisfy their personal need for spiritual connection with God or gods. Against the background of the fall of the authority of ancient religions, the emergence and strengthening of the Emperor cult Christians seek recognition by the authorities, the equation of rights. After all, Christianity becomes a state religion. At this time, a new religious paradigm was emerging that could be a factor in the multi-ethnic, multi-tribal, or multilingual unity of the Roman Empire. The tendency of growing interest in monotheistic, in particular Jewish, religion became noticeable: the idea of one and all-pervading God was opposed to ancient polytheism. The article reveals the peculiarities of the Christian understanding of freedom, which underlies the inner personal spiritual freedom bestowed by God. Christianity the first formulated the idea of freedom of religious conscience as freedom to choose religion. In addition to the individual dimension of freedom of conscience, Christianity has actualized the community's right to freedom of religion, freedom of outside religion, and worship. At the same time, it theoretically substantiated these rights and practically required its observance by the authorities. The legitimacy of the affirmation of the principle of freedom of religious conscience is the Milan edict of 313, which opened the union of the Christian church and the state, as well as the constitutionalization of the Christian church as a state church. This provoked persecution on religious grounds and the struggle of different movements, both within Christianity and beyond, for the right to freedom of religion, the free expression of their religious beliefs. Christianity significantly influenced the evolution of ideas about freedom of conscience, becoming the semantic nucleus of its modern understanding. However, early Christianity proved to be a force that, in the struggle for its claim, was repeatedly harassed, but also resorted to persecution of dissenters, showing intolerance to other worldviews and religions.

scholarly journals Civic and legal provision of freedom of missionary activity

2013 ◽  
pp. 204-207
Author(s):  
Anatolii M. Kolodnyi
Keyword(s):  
Civil Society ◽  
Religious Beliefs ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activity ◽  
Freedom Of Conscience ◽  
Legal Provision ◽  
Teaching Religion ◽  
The Law ◽  
The Right

Ukraine is a country of freedom of beliefs and beliefs. The Constitution of the country (Article 35) provides its citizens with not only the right to profess any religion, but also the freedom of religious activity, prohibits the binding of any one of the religions by recognizing it as a state. In the civil society of Ukraine, each of its citizens is sovereign. In accordance with the Law on Freedom of Conscience and Religious Organizations (Article 3), he is free to accept or change his religion of his choice. Every citizen has the right to express and freely distribute his religious beliefs. "No one can set obligatory beliefs and outlooks. No coercion is allowed in determining a citizen's attitude to religion ..., to participation or non-participation in worship, religious rites and ceremonies, teaching religion. " Thus, by proclaiming the right to freedom of religion, freedom of religion, the Ukrainian state, if it considers itself to be democratic and claims to join such a united Europe, is obliged to create conditions for the functioning of different religions in its territory.

The UN Declaration on the Rights of Indigenous Peoples

2018 ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Legal Norms ◽  
Collective Rights ◽  
Substantive Content ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Individual

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.

scholarly journals Legal Policy for the Establishment of Special Standards of Social Assistance and Protection for Entities with Special Legal Status

2020 ◽  
Vol 16 (1) ◽  
pp. 39-48
Author(s):  
Artem G. Repev
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Social Assistance ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Legal Norms ◽  
The Social ◽  
Legal Position ◽  
Special Rules ◽  
The Individual

The author justifies the tendency to increase the role of special legal norms in Russian legislation, established in order to increase the effectiveness of the State’s legal policy on social assistance and protection of subjects with special legal status. The views of scientists on the understanding of legal policy are critically compared, and in particular, the incorporation of the principle of equality in its implementation. Based on the study of legal doctrine, a system of normative legal acts, through a formal-legal approach, the legal position of the individual is inextricably linked to advantages as a form of improvement of the legal position of the individual. As a result, modern special rules of law containing various types of legal advantages (benefits, privileges, immunities and special legal procedures) have been systematized, both for socially vulnerable categories of citizens and for subjects with power. The shortcomings of the modern legal policy to strengthen the legal position of these subjects are argued, including on the example of certain categories of positions in the internal affairs bodies. As a conclusion, the social necessity and the State need for a systematic, scientifically based use of the potential of legal advantages as a means of assisting and protecting the subjects of social relations have been proved.

scholarly journals Overview of religious freedom in Ukraine, including Crimea

2016 ◽  
Vol 2 (19) ◽  
pp. 107-116
Author(s):  
Maksym Vasin
Keyword(s):  
Religious Freedom ◽  
Annual Growth ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Freedom Of Conscience ◽  
Social Transformations ◽  
Sufficient Degree ◽  
The Law ◽  
Favorable Conditions

In Ukraine, believers of all faiths can exercise freedom of religion to a sufficient degree. Despite the fact that the Law of Ukraine “On Freedom of Conscience and Religious Organizations” has not been substantially revised since 1991 and needs to be improved in the context of social transformations, favorable conditions for the development and annual growth of the number and diversity of religious organizations have been formed on its basis.

scholarly journals The Conscientious Objection of Medical Practitioners to the CPSO’s “Effective Referral” Requirement

2020 ◽  
Vol 29 (1) ◽  
pp. 29-37
Author(s):  
Richard Moon
Keyword(s):  
Religious Practice ◽  
Conscientious Objection ◽  
Freedom Of Religion ◽  
Medical Procedure ◽  
Freedom Of Conscience ◽  
Liberal State ◽  
Medical Practitioners ◽  
Moral Beliefs ◽  
Religious Dress ◽  
The Individual

The term “conscience” is used in two different ways in discussions about religious freedom. Sometimes, conscience is contrasted with religion. Freedom of conscience, in contrast to freedom of religion, is concerned with the protection of fundamental beliefs or commitments that are not part of a religious or spiritual system.1 Together, freedom of conscience and freedom of religion protect the individual’s most fundamental moral beliefs or commitments.2 Other times, though, the term “conscience” refers to a particular kind of accommodation claim. In most religious accommodation cases, an individual or group seeks to be exempted from a law that prevents them from engaging in a religious practice — for example, from wearing religious dress or keeping religious holidays. In conscientious objection cases, how- ever, the individual asks to be exempted from a law that requires them to perform an act that they regard as immoral or sinful. In many of these cases the claimant asks to be excused from performing an act that is not itself immoral, but supports or facilitates what they see as the immoral action of others, and so makes them complicit in this immorality. In this comment I will focus on this second use of the term conscience, and more particularly the conscientious objection claim made by some medical practitioners in Ontario to the requirement that they provide an effective referral to another doctor when they are unwilling, for moral or religious reasons, to perform a particular medical procedure(...) 1 The term “freedom of conscience” was once used interchangeably with freedom of religion to refer to an individual’s freedom to hold beliefs that were spiritual or moral in At this earlier time the moral beliefs of most individuals were rooted in a religious system. Freedom of conscience, though, is now viewed as an alternative to, or extension of, freedom of religion.2 However, as I have argued elsewhere, the conscience part of section 2(a) is seldom raised before the courts and may have very little practical See Richard Moon, “Conscience in the Image of Religion” in John Adenitire, ed, Religious Beliefs and Conscientious Exemptions in a Liberal State (Oxford: Hart, 2019) 73.

scholarly journals LEGAL SECURITY AND COUP D’ÉTAT – HISTORICAL AND MODERN PERSPECTIVES

2017 ◽  
Vol 30 (3) ◽  
pp. 29-53
Author(s):  
Marcin Konarski
Keyword(s):  
Legal Status ◽  
Coup D'etat ◽  
Legal Norms ◽  
Political Upheaval ◽  
Natural Tendency ◽  
Indirect Consequence ◽  
The Subject ◽  
Legal Security ◽  
The Individual ◽  
The Relationship

The article discusses the relationship between the concepts of “legal security” and “coup d’état” on the basis of the evolution of these concepts over the centuries. The analysis of the terms which the author is interested in, adopted as the subject of this study, leads to the conclusion that, in particular, the concept of “coup d’état” is often mistakenly refereed to as a “revolution” or a “putsch”. A political upheaval, one of the methods of which is a coup d’ état, should be regarded, in the light of the research carried out, as deviating from the concept and character of a social up-heaval. In the case of a political upheaval, the legal security of the individual is usu-ally protected as before, and a possible lack of such security should only be treated as a result of the natural tendency of the individual to protect his or her legal status within a state organisation. It is only with changes of social (class) character, which may be an indirect consequence of a political upheaval, that the addresses of legal norms may have justified concerns about their legal safety.

scholarly journals Free religious choice of man as a complex spiritual process

2005 ◽  
pp. 179-189
Author(s):  
Mykhailo Babiy
Keyword(s):  
Scientific Discourse ◽  
Human Existence ◽  
Self Determination ◽  
Freedom Of Religion ◽  
Practical Implementation ◽  
Freedom Of Conscience ◽  
Social Phenomena ◽  
Social Actors ◽  
The Individual

Understanding any problem of human existence, including the question of religious self-determination of the individual, outside the context of those processes that are taking place today at national and world levels, is very problematic. Religious choice, freedom of religion, as well as freedom of conscience as a whole, the legal mechanisms and possibilities for their practical implementation, in particular in Ukraine, are to some extent correlated with a qualitatively new poly-aspect, such as globalization. The latter in the scientific discourse is regarded as "a set of tendencies that are aimed at forming a global interconnection between social phenomena and social actors"

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