scholarly journals The Trend to Discriminate Christians: Shifting from the ‘Post-Christian’ West to the Global South

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 108
Author(s):  
Nataliya S. Semenova ◽  
Ekaterina V. Kiseleva ◽  
Aleksandr M. Solntsev

To date, various international treaties have been adopted at the universal and regional levels, guaranteeing the protection of every person’s freedom of conscience and religion. Moreover, international monitoring mechanisms have been established to protect this human freedom within the framework of the UN, as well as various regional organizations (OSCE, Council of Europe, African Union). (1) In this article, the authors analyze these mechanisms and identify both positive practices and negative discriminatory practices against Christians—citizens of the states of the Global South. (2) The methodological basis of the study involves a combination of general scientific (dialectical, historical, inductive, deductive, analytical, synthetic) and particular scientific methods (formal–legal, comparative–legal, interpretative, statistical, procedural, and dynamic). (3) The use of these allowed the authors to identify a number of key problems in the indicated discourse and to draw conclusions. With regard to abortion, the authors conclude that current trend is that, in multiple and various ways, states are pressed to prioritize a woman’s right to life, a woman’s freedom of “reproductive choice” over a doctor’s right to freedom of conscience. The situation is similar with the prioritization of the so-called “rights” of LGBT persons in relation to the rights of believing Christians. Moreover, the authors pay much attention to the analysis of the situation of the prosecution and persecution of Christians in the countries of the Global South, especially in Africa. (4) In conclusion, it is noted that various instruments, both political and legal, have been established in international law which make it possible to identify facts of the violation of freedom of religion and call to account for such acts of discrimination, but they are not always effective.

Author(s):  
Taras KARAVAYEV ◽  
Nina KALUGA

Background. The COVID-19 pandemic declared by the WHO in March 2020 have significantly affected almost all sectors of economy and life spheres, including the imple­mentation of customs affairs. Introduced changes in the trade and customs policy of count­ries of the world, legislative changes and quarantine measures have affected the activity of the customs authorities of Ukraine, which requires a separate study. Analysis of recent researches and publications has shown that the published up to date papers aren’t systematic and can’t claim to be a complete analysis of the problems and challenges related with the impact of the COVID-19 pandemic on customs affairs at the WCO level and in Ukraine. The aim of the paper is to analyze the WCO measures and the implementation of cus­toms affairs by the customs of the State Customs Service of Ukraine in the conditions of the COVID-19 pandemic. Materials and methods. General scientific methods such as the systematic approach, theo­retical generalization and comparison, analysis and synthesis have been used in the research. Results of the research. Globally, the WCO and partner organizations have develop­ped measures to achieve the balance between combating the spread of COVID-19 and ensuring continuity of supply chains. The quarantine measures introduced in the world and in Ukraine have affected the activities of the customs authorities of the State Customs Service. At the first stage, 94 checkpoints across the state border and points of control were temporarily closed, 38 of which remain closed till now. The total number of vehicles passed through the customs border of Ukraine in January-September 2020 compared with 2019 decreased by more than 2 times to 6.7 million units. The largest reductions were fixed for road, air and river transport. The total volume of customs declarations of the MD-2 form decreased by 5.7%. However, the number of other customs documents, according to which goods are sent in international postal and express shipments, has significantly increased. Conclusion. In the conditions of the COVID-19 pandemic, the WCO focused their attention of customs administrations on taking the necessary measures to protect customs personnel who in direct contact with citizens and carriers when crossing borders. The mea­sures introduced in Ukraine in connection with the spread of COVID-19 have affected the activity of the customs authorities of the State Customs Service. However, the customs officials carried out customs formalities promptly and according to the current legislation and international treaties of Ukraine.


Author(s):  
Alexandra A. Ashmarina ◽  
◽  
Anna E. Tsymbalova ◽  

The article focuses on the study the structural and functional characteristics of three departments: the Ministry of Labor, Migration and Social Security; the Ministry of Internal Affairs; and the Ministry of the Presidency for Relations with Courts and Equality Issues, because these ministries directly control and regulate activities in the field of combating discrimination and intolerance. The aim of the article is to study the structure and various aspects of cooperation between these ministries, with particular attention to the implementation of special programs to combat various types of discrimination. The article was prepared using original sources, such as official electronic resources of the key ministries and institutions, regulatory documents, draft programs on combating discrimination and intolerance, agreements between Spain and international organizations. The plans and reports of the police, which reflect the main measures taken to combat racism and xenophobia, were analyzed. The study is based on an institutional approach, which allows carrying out a comprehensive analysis of the activities of Spanish public institutions and organizations in the field of combating discrimination and intolerance at the state, autonomous and city levels. The study employed the general scientific methods of analysis to highlight the key areas of activity of the ministries and to study them comprehensively, comparison to identify the general and specific functions of each of the organs, and generalization to identify the most common directions of anti-discrimination policy in Spain. In the course of the study, the authors develop the thesis that discrimination is a multidimensional phenomenon, the consequences of which affect not only individuals or groups, suffering from discrimination, but also, indirectly, society and the sociopolitical climate in general. Anti-discrimination measures are obligatory for the implementation of a comprehensive public policy, but, despite the presence of common functionality, the key ministries involved in this area have their own specifics. As a result of the study, the authors come to the conclusion that Spain has an extensive network of institutions and organizations dealing with the prevention and fight against various types of intolerance and discrimination. This network operates based not only on the local legislative basis, but also on international treaties and agreements with international organizations. The well-developed institutional structure and the introduction of new specialized organizations increase the effectiveness of government’s measures. The large number of projects to combat racism and xenophobia, which annually receive funding from the state and the EU, indicate that this area is receiving very close attention.


Author(s):  
O V. Glikman

Introduction. The article presents a complex review of international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields. The author exposes the importance of these international treaties for subsoil users.Material and methods. The methodological basis of the research consists of general scientific methods and special legal methods (the comparative legal method, the methods of interpretation, the method of legal modeling).Results. The author formulates the definition of transboundary field, proposes the classification of the international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields, presents a general review of the identified types, reveals their features, differences of mechanisms, draws the conclusions about the importance of these international treaties for subsoil users.Discussion and conclusion. The international treaties of the Russian Federation applicable to exploration and exploitation of transboundary fields are subdivided into four types: 1) on a state border and (or) delimitation of sea spaces; 2) on the regime of a state border; 3) on exploration and exploitation of certain transboundary fields; 4) related international treaties.The differences of the mechanisms of the international treaties under examination are directly connected with a type of transboundary field (its resources), its production characteristics, regional features, how friendly the relations between two states are, their interest in cooperation in this sphere and the desire of their companies to carry on joint activities on the respective subsoil plots.Some mechanisms of these treaties need further development.


2020 ◽  
Vol 11 (4) ◽  
pp. 1345
Author(s):  
Volodymyr RESHOTA ◽  
Oleh ILNYTSKYI ◽  
Maryana SYRKO ◽  
Olena RESHOTA

The article analyzes important meaning of determining the advantages and threats of choosing a dominant domestic (constitutional) or external (international treaties) vector of budgetary funds administration to ensure the certainty of the development direction of the financial, economic and legal system of the states that are still in the stage of formation. The resolution of this task is an integral part of the characteristics of the state’s basic functioning, with the determination of the primacy of the respective sources regulation. The study uses general scientific and special scientific methods, the basis of which is the application of the results of theoretical studies, statistical and other generalized information on the functioning of the legal and financial system of Ukraine. Ukraine recognizes the primacy of international legal regulation, however, if it does not contradict the Constitution. In the context of globalization and threats to identity, special measures shall be applied by the state to protect its financial stability and independence. It is stated in the article that special attention should be paid to normative principles, which shall be reflected in the legislation. Moreover, the article analyzes the acts of soft law in the framework of cooperation with international financial organizations, which differ from ‘ordinary’ treaties, but bear a politically binding component. It is concluded that the international obligations of the state, taken under international treaties in the financial and budgetary sphere, cannot create direct consequences for citizens, but must be realized in the legal system through national law-making.


Author(s):  
Anna Nikitina

The article deals with the problems of the realization of the right to freedom of conscience, arising from the acquisition of virtual reality. The problem of improving legislation in the field of protection of the right to freedom of conscience is one of the urgent problems. Besides, the number of «Internet users» is growing, so there is the question – what kind of interaction between the virtual world and religion can be considered legal. In addition, various forms of abuse of the right to freedom of conscience appear because the development of the «Internet». In the conclusion, the author believes that the realization of the right to freedom of conscience in virtual reality is possible, but its mechanism needs legislative regulation. The purpose of the issue is to provide a scientific analysis of the provisions guaranteeing the realization of the right to freedom of conscience in the Russian Federation, to develop scientifically based proposals and recommendations for improving the legislation on freedom of conscience in order to guarantee it in the Internet. In the article the author uses a complex of general scientific methods: analysis and synthesis, formal-logical, structural and systematic, which allowed to identify the features of the implementation of the right to freedom of conscience in the Internet.


Author(s):  
V. Zavhorodnii

Purpose. The purpose of the article is to define and implement the characteristics of the decisions of the European Court of Human Rights, which have the legal properties of classical interpretative legal acts. Methodology. The theoretical tools of the study were: universal epistemological principles of cognition, complex, dialectical, axiological approaches, general scientific and special scientific methods of cognition. In particular, the following methods of scientific research were used during the research: analysis, synthesis, induction, deduction, structural, systemic, technical-dogmatic. Results. As a result of the study it was established that the legal acts of the European Court of Human Rights, which have the legal nature of interpretative-legal are: 1) advisory opinions of the Strasbourg Court, adopted by the European Court of Human Rights in connection with requests from the Committee of Ministers of the Council of Europe or the higher courts of the States Parties to the Convention; 2) judgments of the Strasbourg Court, containing explanations of legal positions and / or individual prescriptions previously formulated by the Court of Europe, contained in the decisions adopted by the Strasbourg Court on the merits. Scientific novelty. For the first time, the paper substantiates the legal nature of those legal acts of the Court of the Council of Europe that have exclusively interpretive properties. Practical significance. The results of the study can be used in law enforcement activities of entities authorized to implement the decisions of the European Court of Human Rights in the national legal order of Ukraine.


Author(s):  
Vitaliy B. Kovalchuk ◽  
Iryna M. Zharovska ◽  
Bohdan I. Gutiv ◽  
Bogdana B. Melnychenko ◽  
Iryna O. Panchuk

At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations


Author(s):  
T. Sashchuk

<div><em>The article presents the results of the study of the communicative competence of the politicians on the basis of the analysis of their messages on their official pages of the Facebook social network. The research used the following general scientific methods: descriptive and comparative, as well as analysis, synthesis and generalization. The quantitative content analysis method with qualitative elements was used to distinguish the peculiarities of information messages that provide communication of the deputies of Verkhovna Rada (Ukrainian Parliament) on their official Facebook pages. Information messages have been analyzed by the following three criteria: subject matter, structure and language.</em></div><p> </p><p><em>For the first time the article draws a parallel between communicative competence and the ability to communicate with voters on the official pages of Facebook which is the most popular social network in Ukraine. As it is established, communicative competence in the analyzed cases is caused not by education, but by previous professional activity of a politician. The most successful and high-quality communication was from the current parliamentarian who worked as a journalist in the past. More than half of the messages that provided successful communication consisted of sufficiently structured short text and a video. The topic covers the activity of the parliamentarian in the Verkhovna Rada and in his district. More than half of the messages are spoken in the first person.</em></p><p><em>The findings of the study can be used in teaching such subjects as Political PR and Electronic PR, and may be of interest to politicians and their assistants.</em><em></em></p><p><strong><em>Key words:</em></strong><em> competence and competency, communicative competence, political discourse, official page of the deputy of Verkhovna Rada of Ukraine on the Facebook social network, subject matter and structure of the information message, first-person narrative, correspondence of communication to the level of communicative competence.</em></p>


2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.


2020 ◽  
Vol 23 (12) ◽  
pp. 1356-1382
Author(s):  
E.V. Olomskaya ◽  
A.A. Aksent'ev

Subject. This article discusses the methodological features of Russian Accounting Standard (PBU) 18/02 Income Tax Accounting when using the balance method to account for deferred taxes. It considers whether the clarification of permanent tax differences is justified, and it analyzes in detail the features of accounting for temporary differences and offers a visual and descriptive method for determining and correlating them in accounts. Objectives. The article aims to justify the reason for linking permanent tax differences to such accounting categories as Income and Expenses. It also aims to develop a methodological toolkit that simplifies the perception of the balance method and demonstrates the procedure for determining temporary differences. Methods. For the study, we used the methods of analysis, synthesis, observation, comparison, and other general scientific methods. Results. The article justifies the clarification of permanent differences from the position of accounting categories. It offers an original approach that helps visually classify temporary differences. The formalization of the balance method helped identify the logic of its reflection in accounting statements. Conclusions and Relevance. To ensure that accounting is not distorted due to the impact of taxation, it is necessary to develop a unified conceptual framework, as well as develop existing methods and introduce new ones that do not contradict the public concept of interaction between accounting and tax accounting. The research results are intended for training, scientific and practical activities of specialists in the field of accounting and audit, as well as students studying under this program, in order to study the features of applying the balance method for accounting for deferred taxes.


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