Search results

1

NORMALIZACJA SYTUACJI PRAWNEJ ZWIĄZKÓW WYZNANIOWYCH W FEDERACJI ROSYJSKIEJ W OPARCIU O USTAWĘ RRFSR O WOLNOŚCI WYZNAŃ Z 25 PAŹDZIERNIKA 1990 ROKU

100%

Byś J.

Prawo Kanoniczne

|

2004

|

vol. 47

|

issue 1-2

241-267

EN

In the USSR in the 80s of the 20lh century perestrojka led to great changes in every field of public life but especially modifications were introduced in religious sphere. An ultimate need of reform of the legislation in the RSFSR and later in the Russian Federation concerning freedom of conscience and religion put many problems before legislative organs after seventy years of total negation of God and religion. In the first place the article concentrates on the reasons of adoption of the RSFSR O N FREEDOM OF R ELIG IO N of October 25, 1990 and further on the norms it contains. An important achievement of the law’s authors consists in taking into consideration religious freedom in individual and community dimensions. Of great importance are guarantees of individual freedom of religion mainly as a manifestation of respect for every citizen of any belief and religion and the right to religious beliefs. The principles defining relations of religious associations to state and in particular the principle of equality of religious associations in the face of state imply a secular type of state and is its characteristic feature. It is shown also how various tendencies clash in the religious policy of Russia. Generally they may be reduced to two main trends: liberal and conservative. Liberal tendency found its manifestation in adoption in 1990 of new legislative acts greatly influenced by the patterns existing in the democratic Western countries of secular type. However, conservatism became apparent in some restrictions of religious freedom and in legislative tendencies implying religious type of the state with Orthodox Church as a national religion. The new Constitution of the Russian Federation adopted in 1993 approved new legislative acts included in the law. Evolution of religious legislation in the Russian Federation is not completed yet, it is in the process of development but only future will show what direction it will take.

2

Stosunek państwa do kościołów w Rosji od chrztu Rusi do rewolucji październikowej : (od X w. do 1917 r.)

100%

Byś J.

Prawo Kanoniczne

|

2001

|

vol. 44

|

issue 1-2

185-211

PL

The relation ship of the state to the Church in the course of history has always been problematic. This is true especially in Eastern Europe. This article presents the most significant historical events which influenced the relations between the state and the churches in Russia from Russia’s baptism in 10th century till the October Revolution of 1917. The text reveals the gradual emergence of cesaropapism, imported from Byzance and aiming at the full subordination of the churches to the state authorities. Several historical periods can be traced to this development. The first period begins at the end of the first millennium when Russia of Kiev was baptized, and lasts till the 14th century when Russia of Moscow arose. This time is marked by the building up of the church organization and its laws which developed from the beginning in close connection with the state law. The second period embraces the church history in the Moscow Russia, i.e. under Russia tsars, from the 14th till the 17th century. The state authority and the church authority seem to have a certain tendency to be balanced. Later on, however, as the Russian state is strengthened, the tsar began to have a decisive voice as well in church and religions matters. In the third period (18th cent. - 1903) there exists a system of severe control and supervision over the churches in Russia by the absolutist monarchy. The Russian imperium devided all confessions into three categories: the orthodox one, dominant and looked upon as loyal to the state; foreign confessions, Christian including (catholic and protestant) or non-Christian were tolerated. But sects of the orthodox origin were persecuted. The law regarded these sects as dangerous and harmful and a betrayal of the orthodox faith, and prohibited public worship, the faithful were deprived of their civil rights. As late as the end of 19th century, the idea of religious tolerance and freedom was unknown in the Russian law. At the beginning of the 20th century, Russian confessional law made a great step forward when acts guaranteeing religious freedom appeared. This development during the years 1903-1917 is characteristic of the fourth period. For the first time in Russia’s history, freedom of conscience and freedom of confession were stated by the law. The intolerance which ruled in the 17th – 19th centuries was transformed into tolerance of all confessions; even of those which were earlier persecuted. Nevertheless, the Temporary Government of Russia supported the dominant position and privileges of the Russian Orthodox Church.

3

Problemy wynikające z wejścia w życie ustawy RRFSR "O wolności wyznań" z dnia 25 października 1990 roku

100%

Byś J.

Prawo Kanoniczne

|

2006

|

vol. 49

|

issue 3-4

183-209

PL

Putting into effect a new law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 caused many problems in public life and in life of religious communities in particular. This article introduces some of them, which became a subject of discussion. They are: interreligious equality, legislative acts concerning ownership of religious associations, access of religious associations to media and alternative military service. Formally the law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 guarantees interreligious equality but in reality this principle is not respected. It has not been put into practice on the full scale and agreement in this sphere meets many obstacles or may be even impossible. A dislike of the Russian Orthodox Church for the Catholic Church increasing with ages is difficult to change. Catholicism is treated according to 19th century classification that means as a foreign and tolerated religion. However, the effect of the executive power activity as for tax exemption of religious associations was positive. Religious associations and their enterprises got right to provide their religious activity according to their statute benefiting from tax relieves and tax exemption. The things with restitution look worse. Though the law founds a basis for quick restitution of at least a part of seized property of religious associations reality appears to be different. Recognition of the priority of the Orthodox Church by the government and local authorities entails great privileges for it at the expense of other religious associations also as for restitution of cult erections, buildings and grounds that used to be their property. Right of religious associations for free access to media and founding their own ones though is guaranteed by the law in reality also meets with many difficulties. Having given such a right authorities prevent from exercising it. It results from over commercialisation of media and general reluctance, which consists in unnecessary complicating of formalities. But in spite of the difficulties the scale of broadcasting of religious media is constantly widening. The problem of alternative military service is still open in the Russian Federation. Legacy of long-term political up bringing do not let solve an increasing amount of problems in the army. A law on alternative military service would be a wise compromise between duty and legislation. Such a law would be able to lessen the tension in society and to protect rights of young citizens.

Refine search results

3 Prawo Kanoniczne

3 Byś J.

1 2006

1 2004

1 2001

NORMALIZACJA SYTUACJI PRAWNEJ ZWIĄZKÓW WYZNANIOWYCH W FEDERACJI ROSYJSKIEJ W OPARCIU O USTAWĘ RRFSR O WOLNOŚCI WYZNAŃ Z 25 PAŹDZIERNIKA 1990 ROKU

Stosunek państwa do kościołów w Rosji od chrztu Rusi do rewolucji październikowej : (od X w. do 1917 r.)

Problemy wynikające z wejścia w życie ustawy RRFSR "O wolności wyznań" z dnia 25 października 1990 roku