scholarly journals Muslim organizations in the context of state-confessional and inter-confessional relations in Ukraine

2019 ◽  
pp. 55-60
Author(s):  
Larysa Vladychenko
Keyword(s):  
Armed Forces ◽  
Religious Organizations ◽  
Religious Buildings ◽  
Annual Survey ◽  
Organizational Issues ◽  
The Status ◽  
Occupied Territories ◽  
Military Chaplaincy ◽  
The Right ◽  
Favorable Conditions

The article highlights the pressing issues of the presence of Muslim organizations in the religious field of Ukraine: simplification of the registration procedure of the statutes of religious organizations and their acquisition of the status of a legal entity; restitutionary issues (returning religious buildings to religious organizations); creation of institutional structures of military chaplaincy within the structures of the Armed Forces of Ukraine objective attitude to religious organizations and tolerant interfaith discourse; cooperation in the social sphere with religious organizations; photographing on documents to representatives of religious organizations; organizational issues related to Hajj; securing the right to religious freedom in the annexed and occupied territories of Ukraine. On the basis of a detailed analysis of the statistics of religious organizations and the annual survey materials of the Razumkov Center, it is concluded that generally favorable conditions for all citizens in the right to profess their religion, in the protection of this right by the legislation of Ukraine, the activity of relevant state authorities. Muslims and their religious organizations enjoy the same freedoms and rights, which need to be more actively involved in resolving topical and problematic issues in relations between the state and religious organizations.

scholarly journals Institution of Military Chaplaincy in Ukraine: Emphasis on Catholic Church Activities

2020 ◽  
pp. 83-109
Author(s):  
Larysa Vladychenko ◽  
Tetiana Valeriivna Koshushko
Keyword(s):  
Catholic Church ◽  
Armed Forces ◽  
Religious Organizations ◽  
Power Structures ◽  
Pastoral Work ◽  
Structural Units ◽  
Military Chaplains ◽  
Military Chaplaincy ◽  
The Military ◽  
Catholic Churches

The article deals with the problem of military chaplaincy service formation in the period of independence of Ukraine as one of the priority directions of relations between the state and religious organizations in Ukraine. The current state of military pastoral care is analyzed directly in the context of Catholic churches activities in Ukraine in this aspect. In particular, the institutional component of the Catholic churches is clarified, statistics demonstrating the quantitative and percentage composition of the Catholic churches in the religious network of Ukraine are provided. The results of sociological surveys of the religious situation in Ukraine and the identification of religiosity of the population in the context of Catholic churches are analyzed. The opinion of the population of Ukraine regarding the trust in religious organizations, religious leaders (including the leadership of the Catholic churches) and the military formations of Ukraine is examined. The opinion of the population on the expediency of establishing a military chaplaincy institute in Ukraine is also clarified (through the results of sociological surveys). The organizational division of the internal structure of the Catholic churches in Ukraine is presented, and it is also clarified which structural units are responsible for coordination with the Ukrainian power structures and organization of pastoral work. Attention is drawn to the review of the cooperation of the Catholic churches in Ukraine with the military formations of Ukraine in the aspect of pastoral activity. Special attention is paid to the coverage of the various areas of pastoral work directly by the military chaplains of the Catholic churches and the coordination of this work by the relevant structural units of the Catholic churches. In particular, conferences, meetings, trainings, pilgrimages on the organization and implementation of pastoral work in the field of military chaplaincy. Also, consideration is given to the activities of the advisory body on military chaplaincy at the Ministry of Defense of Ukraine (which includes, in particular, the Catholic churches in Ukraine) and its contribution to the establishment of the Institute of Military Chaplaincy in Ukraine. The inter-denominational cooperation of the churches in Ukraine, including the Catholic ones, was considered in establishing a military chaplaincy institution in independent Ukraine through the activities of interfaith associations. It has been found that the issue of legislative securing of the Institute of Military Chaplaincy in the Armed Forces of Ukraine remains urgent. In this regard, the legislative work in this area and the involvement of Catholic churches in Ukraine are highlighted.

scholarly journals On the right of ownership of religious organizations to land

2020 ◽  
Vol 10 (19) ◽  
pp. 13-20
Author(s):  
Pavel Bochkov ◽  
Keyword(s):  
Property Rights ◽  
Central Place ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
Economic Activities ◽  
Charitable Organizations ◽  
Economic Management ◽  
Economic Relations ◽  
The Status ◽  
The Right

When it comes to economic relations involving religious organizations, the property issue is Central to the construction of these relations, since to obtain the status of a legal entity, the subject must have a certain property base. Legal regime of property of religious organizations not only define requirements to the status of a property (i.e. object), but also determines the regulation of economic competence of the entity that owns this property. Among legal scholars, disputes about the ownership of religious organizations are taking place precisely because the Central place in the system of property rights is occupied by the right of ownership, which is fundamental among other property rights. All other rights (the right of economic management, the right of lifelong inherited ownership of land, etc.) are derived from it and have limited property rights. Economic relations as a subject of regulation consists of only two elements – organizational and property. Property issues related to the property of any religious organizations traditionally remain one of the most difficult for legal understanding, although they are crucial, since the implementation of the right to freedom of conscience presupposes the existence of a certain property base. The question of ownership of religious property is directly related to the natural right of every person to freedom of conscience, which has found its legislative expression both at the international legal level and in the norms of domestic legislation. The Russian legislator believes that religious organizations are such non-profit organizations as, for example, charitable organizations, which means that they can be studied without taking into account the specifics of internal organizational and organizational-property relations in isolation from the provisions of Canon law, and this leads to the emergence of many controversial issues that relate to the economic activities of religious organizations. The current legislation does not allow for a clear definition of what form of ownership the property of religious organizations belongs to, since the current legislation does not clearly define such a form of ownership as the property of parents. In our opinion, the property of religious organizations should be classified as a different form of ownership – as the property of religious organizations, and not as private or collective, since religious organizations have a specific, different from public organizations, the principle of organizational structure, the procedure for making decisions on property management, and so on.

THE PROTECTION OF THE RIGHT TO PROPERTY IN OCCUPIED TERRITORIES

2004 ◽  
Vol 53 (3) ◽  
pp. 677-690 ◽  
Author(s):  
Loukis G Loucaides
Keyword(s):  
Legal Theory ◽  
Legal Protection ◽  
Special Importance ◽  
Human Right ◽  
International Human Rights ◽  
The Status ◽  
Occupied Territories ◽  
International Human ◽  
The Individual ◽  
The Right

The right to property was accorded the status of a human right as a result of its incorporation in international human rights instruments in the second part of the twentieth century. The right has acquired special importance as part of the freedom of the individual, his economic autonomy in modern democratic societies and generally as a significant element for the development of the individual's personality.1 Its recognition as a separate human right and its legal protection on an international level was the result of gradual efforts. It is still in the process of further legal elaboration, as regards both its scope and effect, by legal theory and jurisprudence.

scholarly journals Functions and Authorities of the Armed Forces of Ukraine on the Crime Scene

2019 ◽  
Vol 87 (4) ◽  
pp. 95-103
Author(s):  
Y. V. Grinenko
Keyword(s):  
Legal Status ◽  
Armed Forces ◽  
Structural Elements ◽  
Structural Units ◽  
Economic Information ◽  
Comprehensive Development ◽  
Occupied Territories ◽  
Strategic Defense ◽  
The Right

The functions and powers of the Armed Forces of Ukraine in the field of combating crime are researched. The expediency and necessity of studying the functions and powers as structural elements of the administrative and legal status of the Armed Forces of Ukraine is emphasized, which is especially relevant in connection with the reform of the Armed Forces of Ukraine and bringing their service activities to NATO standards. It is determined that the legal category of "authority" consists of the rights and obligations of the Armed Forces of Ukraine, including in the sphere of crime counteraction, aimed at the implementation of functions and tasks of the Armed Forces of Ukraine in accordance with the current legislation. It is emphasized that in order to ensure the implementation of the said functions of the Armed Forces of Ukraine, they have the right to take measures to restore the territorial integrity of Ukraine, as well as to provide comprehensive development of secure, economic, information, telecommunication, social and humanitarian infrastructure on the territories adjacent to the temporarily occupied territories in Donetsk and Luhansk to implement, in accordance with strategic defense planning documents, measures to strengthen defense and security capabilities of the country. Regulatory acts defining the functions and powers of certain structural units of the Armed Forces of Ukraine are analyzed. The author's vision of the concept of "functions of the Armed Forces of Ukraine" is offered and his own classification of functions and powers of the Armed Forces of Ukraine is given.

scholarly journals Palestinian citizenship: past, present, future

2020 ◽  
pp. 31-45
Author(s):  
V. L. Tolstykh ◽  
J. Aasi
Keyword(s):  
Comparative Method ◽  
Customary Law ◽  
Political Connection ◽  
Palestinian Authority ◽  
Historical Method ◽  
Palestinian Territories ◽  
Diplomatic Protection ◽  
The Status ◽  
Occupied Territories ◽  
The Right

INTRODUCTION. The article deals with the evolution of the Palestinian citizenship and the possibility of its development under the occupation of the Palestinian territories. Citizenship is a classic institution of public law and is perceived in a similar way in various legal systems. In this case, however, there is a very special phenomenon, the content of which is due to a number of historical, political and international legal factors.MATERIALS AND METHODS. The research is based on the analysis of Balfour Declaration 1917, UN Partition Plan for Palestine 1947, Agreement Oslo II 1995, Articles on Nationality of Natural Persons in relation to the Succession of States (ILC, 1999), Articles on Diplomatic Protection (ILC, 2006), Israeli law governing the status of Palestinians, nationality laws of the Arab states, political and regulatory acts of Palestinian institutions. The research methods include historical method, methods of formal logic, comparative method and various methods of interpretation. A significant part of the research is a comparison of positions of Israeli and Palestinian lawyers, as well as an analysis of various options for the development of the Palestinian citizenship.RESEARCH RESULTS. Currently, the status of residents of the occupied territories is determined by the Oslo II Agreement of 1995: the administrative powers are delegated to the Palestinian Authority; Israel retains the right of control. The resident status is not equivalent to the status of a citizen and is sui generis. This status implies a number of Israel’s obligations: to end it and provide a citizenship to Palestinians; recognize its international elements; transfer more powers to Palestinian institutions. The lack of regular citizenship makes it difficult for Palestinians to enjoy diplomatic protection from Palestinian institutions.DISCUSSION AND CONCLUSIONS. Presently, there are conditions for the establishment (declaration) of the Palestinian citizenship, which would fix a political connection sui generis, implying the rights of Palestinians to participate in administration of the occupied territories, their membership in a nation striving for self-determination, the right of Palestinian institutions to provide diplomatic and other protection, etc. This citizenship should be provided automatically, since it involves not naturalization, but consideration of existing social and vital ties of Palestinians to their people. The solution of the problem of diplomatic protection may consist in the development of customary law and the search for new tools, for example, protection on the part of international organizations. 

scholarly journals Registration of religious organizations: Between collective and corporate right to religious freedom

2020 ◽  
Vol 54 (2) ◽  
pp. 709-727
Author(s):  
Dalibor Đukić
Keyword(s):  
Religious Organizations ◽  
Religious Communities ◽  
Religious Groups ◽  
Registration System ◽  
Legal Entity ◽  
Legal Personality ◽  
The Status ◽  
Primary Focus ◽  
Human Rights Norms ◽  
The Right

The primary focus of the paper is on the right of religious communities to acquire legal personality. For religious communities this issue has existential importance. Denying access to such status imposes impermissible limitations on freedom of religion or belief. The majority of religious communities seek legal entity status, because it is necessary if they want to acquire property, hire personal, apply for governmental permits etc. The right to acquire legal entity status is one of the most critical arrangements needed for religious liberty in contemporary societies. The paper includes analysis of three important characteristics of this procedure. Access to legal personality for religious or belief communities should be non-mandatory, quick and transparent. It should be taken into account that competent authorities for various political or social reasons, made untimely decisions or refused to register religious organizations due to alleged formal deficiencies. In these cases, the procedures themselves and excessive formalism were used as a mechanism to control the number of recognized religious organizations and to deny the status of a legal entity to certain religious groups. In order to prevent such occurrences, it is necessary to protect the competent authorities from all those influences that prevent them from acting impartially and neutrally. There is a variety of ways that the right to legal personality can be provided for religious communities. Registration system should be compliant with international human rights norms and it is important to recognize that registration is not a primary mechanism for exercising social control of religion.

scholarly journals Collective Bargaining Misjudged: The Marikana Massacre

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 39-56
Author(s):  
Saul Porsche Makama ◽  
Lux Lesley Kwena Kubjana
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Armed Forces ◽  
Status Quo ◽  
Colonial Period ◽  
Modern Times ◽  
The Status ◽  
Tragic Event ◽  
Good For ◽  
The Right

The tradition of violence during collective bargaining processes in South Africa (particularly during a strike) can be traced back to the colonial period, where the struggle for better employment terms and conditions was conflated with the struggle for freedom from political oppression, apartheid and the colonial regime. An example in this regard is the Sharpeville uprising. In this case, the State’s reaction to the uprising was to call upon the armed forces to quell the situation, and in the process, lives and limbs were lost; nobody was held accountable for this. This was surely a bad legacy to leave for modern times! However, fifty-two years later, South Africa experienced a déja vu moment in the form of the Marikana massacre, which was also chillingly reminiscent of the massacre by apartheid police at Sharpeville in 1960. The writing of this article is informed by the need to avoid another Marikana massacre. The authors bemoan the manner in which this tragic event was handled and argue that, with the right attitude and the right application of resources, the massacre could have been avoided. The authors also lament the approach employed in dealing with the aftermath of the Marikana massacre and conclude that the status quo gives credence to the saying that “an apple does not fall far from the tree”. The prosecution of the perpetrators is delayed, no compensation is given to bereft families, and it remains to be seen who was at fault, even after a “good-for-nothing” yet costly Commission of Inquiry has completed its task.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Problems of Interactions of the White Army Commanders with Separatist Governments of South Russia in A. I. Denikin’s ‘Defamation of the White Movement’

2018 ◽  
pp. 1149-1162
Author(s):  
Konstantin N. Kurkov ◽  
◽  
Alexander V. Melnichuk ◽  
Keyword(s):  
Civil War ◽  
Armed Forces ◽  
Russian Empire ◽  
The South ◽  
National Interests ◽  
German Occupation ◽  
Imperial Germany ◽  
Occupied Territories ◽  
Sensitive Issues ◽  
Regional Interests

The article studies some of the more complicated and sensitive issues of the Civil War in the South of Russia – relations of the Armed Forces of South Russia with the Krai governments of the Don and the Kuban and separatist movements as an important factor in the Whites’ defeat in the South of Russia. Both issues are covered in ‘Defamation of the White Movement,’ one of the last works of General A. I. Denikin. Its manuscript has been introduced into scientific use by the authors. Commanders and military authorities of the Volunteer Army with A. I. Denikin at its head were not tied down by regional interests and could pursue national interests in their policy in order to restore an all-Russian unity destroyed by the revolution. Regional concerns of the Don, Kuban, Little Russian, Caucasian independentists were in direct conflict with the national tasks that the Volunteer Army and the Armed Forces of South Russia strove to solve. Unlike the Don Ataman P. N. Krasnov, who was forced to cooperate with the occupation authorities of Imperial Germany, whose troops had occupied the territory of the Great Don Army for the most of 1918, and unlike other regional administrators in the German-occupied territories, the Whites did not cooperate with the occupiers and at times counteracted their anti-Russian policy. Denikin's propaganda successfully used this fact to fall back on traditional patriotic sentiments and to eat away at the Kremlin regime’s support. Centrifugal tendencies in the South of Russia did not allow the Volunteers to consolidate anti-Bolshevik forces and made an armed resistance to the Bolsheviks impossible. Hence A. I. Denikin’s uncompromising stand on separatist aspirations of independentists. In his view, it was the separatists’ activities in different regions of the former Russian Empire that hindered the successful offensive of the armed forces of South Russia, for instance, on the Moscow direction. Internal dissent was exacerbated by intervention of foreign forces – German occupation forces, the Allied Intervention, and active Bolshevik influence on the outskirts of the former Empire. The article compares Denikin’s text with testimonies of contemporaries and writings of historians. Thus, the authors have been able to show that his slender work reliably and accurately recreates the complex and dramatic situation, which led to the defeat of the anti-Bolshevik forces in the Civil War.

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