Актуални аспекти на религиозната толерантност в България : Сборник статии и доклади от научния колоквиум, организиран и проведен от ЮФ на ПУ "Паисий Хилендарски" на 30 май 2014 г.
Current Aspects of Religious Tolerance in Bulgaria : Collection of articles and reports from a scientific colloquium, organized by the Faculty of Law at "Paisii Hilendarski" University of Plovdiv, May 30, 2014
Contributor(s): Malina Novkirishka- Stoyanova (Editor), Vanessa Ponte Arrebola (Editor), Petia Nedeleva (Editor)
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: law; religion; religious tolerance
Summary/Abstract: Discussions, presentations and publications are valuable with legal analyses, with the comparative conclusions and the proposals for amendment of Bulgarian legislation. The summaries are valuable for a new one view at religious and inter-religious tolerance.
- Print-ISBN-13: 978-619-7109-04-7
- Page Count: 264
- Publication Year: 2014
- Language: Bulgarian
Римскоправни основи на съвременния статус на религиозните организации
Римскоправни основи на съвременния статус на религиозните организации
(Roman Law Basis of the Contemporary Status of the Religious Organizations)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Roman law
- Page Range:9-28
- No. of Pages:20
- Keywords:Roman law; religion; religious organization
- Summary/Abstract:The article examines the Roman law system for defining the status of the religious organizations and their property. The article presents the main findings about the specific character of these organizations both in the Antiquity and in present days, as well as the impossibility of applying theoretical private law or public law models in relation to their legal capacity. The continuity of the idea is revealed that in order to define the status of the religious organizations first one has to take into account the aim of their existence and of their function and secondly their participation as an independent subject in public exchange . The study emphasizes the management of the property, granted for religious and charity purposes and the responsibility of its administrators.
- Price: 4.50 €
Правният статут на религиозните общности в Испания
Правният статут на религиозните общности в Испания
(Legal Statute of the Religious Communities in Spain)
- Author(s):Vanessa Ponte Arrebola
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, EU-Legislation
- Page Range:29-42
- No. of Pages:14
- Keywords:religious community; Spain; financing; tax regime; cultural values
- Summary/Abstract:The article examines in sequence the issues about the legal regime of the religious communities in Spain. First it starts with the constitutional order, then the legislative regulations, concerning the religious freedom and its realization. A special emphasis is put on the Law of Religious Freedoms, the registration and tax regime of the religious organizations, the protection of cultural values, belonging to them, the expropriation and etc. In the end the article presents a topical issue in relation to litigation of the property of the Cathedral in Cordoba which is claimed to be a possession of the Catholic Church. The writer of the article considers that in a dispute are presented false arguments about the reconstruction of the mosque, which as a consequence is reconstructed in cathedral, using formal and legal grounds taking no account of the changed legislation in the course of the centuries.
- Price: 4.50 €
Статус и имущество на религиозните организации в Турция
Статус и имущество на религиозните организации в Турция
(Status and Property of Religious Organizations in Turkey)
- Author(s):Havva Karagoz
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:43-53
- No. of Pages:11
- Keywords:religious organizations; Turkey
- Summary/Abstract:The article presents the constitutional basis for religious freedom in Republic of Turkey in connection with the state organization and principles of the rule of law and democratic state as well as some important points in the legal regulation of the status and property of religious organizations.
- Price: 4.50 €
Християнската църква и държавата до Великата схизма
Християнската църква и държавата до Великата схизма
(The Christian Church and the State Before the Great Schism)
- Author(s):Todor Bikov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:54-69
- No. of Pages:16
- Keywords:christian church; state; great schism
- Summary/Abstract:Christianity emerges as a new religious doctrine and new religious practice during the time of the Roman Emperors Augustus (27 BC- 14 AD) when in Judea Jesus Christ was born, and Tiberius (14 AD-37 AD), when the Messiah, the very founder of the Christian Church, was crucified and subsequently died 34 AD. According to the dogmatic definition the Church of Christ is the natural unity of God and people, believing in Jesus Christ and seeking salvation from the sin and death, and eternal life within Him and through Him. The symbol of faith adds to this definition that the Church is unified, holy, convocational, universal and apostolic. Until the Great Schism in 1054 the Church is undivided but then it split into Eastern Orthodox Church and Roman Catholic Church. The Church itself has rich and dramatic history full of persecution, torture and death. The end of the persecutions was in 313 when Emperors Constantine and Licinius issued the Edict of Milan, which proclaimed all religions in the Roman Empire equal. The very essence of the Edict of Milan, 313 is a crucial moment in the history of Christianity. Christian religion which had been persecuted during so many centuries was finally proclaimed legal. Several years later when the tetrarchy was eliminated and Constantine became the only ruler of the Roman Empire, Christian religion and the Church started to play a crucial part both in the religious and social life of the Roman Empire. A new age had come in the relationship between religion and state - with the official proclamation of the Christian Church, the state recognized the freedom of thought and religious rights of all people and organizations. New, complex and intertwining relations were formed between the Church and the state which led to caesaropapism in the Eastern Roman Empire and to papocaesarism in the Western Roman Empire.Schism had taken place in 1054 and lasts until the present day. The breakup was absolute: a breakup between two religions, two state systems and between two different cultures even though the very beginning was the same.
- Price: 4.50 €
Собствеността на манастира "Свети великомъченик Георги Зограф" в Атон
Собствеността на манастира "Свети великомъченик Георги Зограф" в Атон
(Property of the Monastery "St. Martyr George Zograph" on Mount Athos)
- Author(s):Petia Nedeleva
- Language:Bulgarian
- Subject(s):History, Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:70-85
- No. of Pages:16
- Keywords:property; monastery "St. Martyr George Zograph; law; history review
- Summary/Abstract:For centuries, the Zograf Monastery on Mount Athos has received numerous donations of movable property and real estate, part of which have been preserved to this date. Some of these properties are no longer owned by the monastery due to historical reasons, economic crises and urgent needs of the monastery. In recent times, the management of the property owned by the monastery is related to the activity of Eforie "Zograf" which is the legal entity with certain powers and managing authority. An important condition for preserving the Bulgarian character of the monastery is the preservation of its property and the provision of funds for maintenance of buildings and support of the monks. The Zograf Monastery on Mount Athos is not only a repository of manuscripts, books and works of art and a center of worship. It is also the center, which over the centuries have confined and kept monuments of Bulgarian culture and history, a source of Bulgarian national consciousness.
- Price: 4.50 €
Имущество на Българската православна църква
Имущество на Българската православна църква
(Property of the Bulgarian Orthodox church)
- Author(s):Mariya Kyoseva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:86-109
- No. of Pages:24
- Keywords:property; Bulgarian orthodox church
- Summary/Abstract:The article presents the canonical aspects of the property of the Orthodox churches on the basis of the Rules of the Universal Church, as well as it analyses the provisions of the Rules of the Bulgarian Orthodox Church- the Bulgarian Patriarchate in particular.More detailed analysis is made on the contemporary Bulgarian legislation, concerning property law issues of the religious beliefs. Put forward is the circumstance that the administrating regime of the real estates by virtue of normative delegation is granted to the inner regulatory acts and canonical principles of the relevant religious denomination.Special emphasis is put on the property law status of the Orthodox temples which by virtue of the canonical norms are excluded from the civil circulation.The author makes a few proposals de lege ferenda which will allow the collaboration between civil law regulations and natural restrictive regime concerning the specific principles of the Orthodox temples.
- Price: 4.50 €
За религиозните свободи и тяхната неотменимост
За религиозните свободи и тяхната неотменимост
(About the Religious Freedoms and Their Inalienability)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law
- Page Range:110-115
- No. of Pages:6
- Keywords:religious freedoms; inalienability
- Summary/Abstract:It is accepted in the contemporary constitutional doctrine that religious freedom is universal right which consists of three components: freedom of conscience, freedom of religious rights and freedom of the establishment and participation in religious associations. Pursuant to Article 37(1), the first sentence in the Constitution of Bulgaria 1991 states: ‘freedom of conscience, freedom of thought and choice of religion and of religious or atheistic views shall be inviolable.’ The Constitutional Court of Republic of Bulgaria in its practice emphasizes that recognizing the religious identity of every individual is a fundamental constitutional principle which is equal to recognizing the atheistic views and these two constitutional principles are derivative of the supreme constitutional principles of humanism, tolerance and respect human dignity. The present study examines the content of the rights in Article 37 in the Constitution of Republic of Bulgaria, as well as its character as an ‘inalienable right’ under the provision of Article 57 (1) in the same Constitution. The inalienability of the religious freedoms is guaranteed by the possibility, intended by the legislator, for this principle to be amended only by the executive body - The Grand National Assembly.
- Price: 4.50 €
Субективното право на религиозна свобода и въпросът за статуса на религиозните общности в практиката на Европейския съд по правата на човека
Субективното право на религиозна свобода и въпросът за статуса на религиозните общности в практиката на Европейския съд по правата на човека
(The Subjective Law of Religious Freedom and the Question of the Status of Religious Communities in the Practice of the European Court of Human Rights)
- Author(s):Dimitar Hanev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Canon Law / Church Law, EU-Legislation
- Page Range:116-133
- No. of Pages:18
- Keywords:law; religious freedom; religious communities; European court of human rights
- Summary/Abstract:Freedom of religion is one of the most fundamental rights of man, and as such, it is guaranteed by a number of international documents. It is also guaranteed by most of the constitutions of the modern democratic states. In addition, the national legislative systems of those states have special branches that regulate in details social relations, concerning religious beliefs and religious institutions. All this reveals the significance of the religion and religious matters in modern liberal-democratic societies. The events of the last few decades show that these issues aren’t outdated, but rather present even greater challenges to the established institutions and doctrines of the Western world. Freedom of religion is a substantial legal right playing an enormous role for the development of the legal systems for the protection of human rights throughout the world. From a legal-doctrinal point of view it is usually considered as a part of the well-established triad “freedom of thought, conscience and religion”. But in spite of the common elements of legal freedom, concerning the expression of inner convictions, freedom of religion exhibits features which shape it in a specific manner. They relate, primarily, to the diversity of the religious beliefs and the correlative ethnical and cultural aspects in a particular society. In such a frame the examination of the essence and limits of this right, as well as, its forms of realization, shall inevitably reveal much deeper layers of social and legal relations in those societies which claim to have adopted the technology of democracy and the ideology of the political liberalism. In this respect, there is hardly a better starting point than the case-law of the European Court of Human Rights.
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Конституционната жалба като средство за защита на религиозните свободи пред Федералния конституционен съд на Германия
Конституционната жалба като средство за защита на религиозните свободи пред Федералния конституционен съд на Германия
(The Constitutional Complaint as a Means for Protection of the Religious Freedoms Before the German Federal Constitutional Court)
- Author(s):Radoslava Yankulova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation, Court case
- Page Range:134-145
- No. of Pages:12
- Keywords:complaint; religious freedoms; German federal constitutional court
- Summary/Abstract:The article examines the German constitutional complaint as a mechanism for protection of religious freedoms. It begins with an overview of the model of individual access to constitutional justice applicable in Federal Republic of Germany. In particular it comprises the following aspects of the German constitutional complaint proceeding: - which rights are protected by the constitutional complaint; - who has the right to file a constitutional complaint; - which public acts can be challenged before the Federal Constitutional Court. A considerable part of the article is dedicated to the jurisprudence of the Federal Constitutional Court of Germany which is one of the most powerful and influential tribunals, serving as a model, for other liberal democracies attracted by the prospect of placing fundamental law under the protection of independents courts of justice. A special emphasis is put on the comprehensive analysis of three decisions of the Federal Constitutional Court that are of crucial importance to the clarification of the essence of religious freedoms guaranteed by Article 4 of the German Basic Law. Finally, the author studies the Bulgarian experience in the light of the protection of fundamental freedoms through the instruments of the constitutional justice.
- Price: 4.50 €
Относно уредбата на собствеността на Руската православна църква
Относно уредбата на собствеността на Руската православна църква
(On the Framework of Ownership of the Russian Orthodox Church)
- Author(s):Desislava Stoyankova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
- Page Range:146-153
- No. of Pages:8
- Keywords:framework; ownership; Russian orthodox church
- Summary/Abstract:In the early twentieth century, the Russian Orthodox Church is still one of the major owners in Russia. It possesses huge amounts of land, farms, mills and other agricultural sites, and also hospitals and shelters and many more. The information about the assets of the Church is a rather controversial matter. After the nationalization, carried by the Bolshevist government, the Russian Orthodox Church managed to recover, due to secularization, the full amount of their nationalized property. The Holy Synod is the supreme body of the management and control of the Russian Orthodox Church.
- Price: 4.50 €
Собствеността на религиозните институции в САЩ и американският Religious Land Use and Institutionalized Persons Act
Собствеността на религиозните институции в САЩ и американският Religious Land Use and Institutionalized Persons Act
(Property of Religious Institutions in the United States and the American Religious Land Use and Institutionalized Persons Act)
- Author(s):Emanuil Dimitrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Canon Law / Church Law, Administrative Law
- Page Range:154-166
- No. of Pages:13
- Keywords:property; religious institutions; United states; Religious Land Use and Institutionalized Persons Act
- Summary/Abstract:The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L. 106–274, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It also defines the term “religious exercise” to include” any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” RLUIPA was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no written vote was taken. The currant article deals with the issues of RLUIPA’s implementations and challenges the problem which local governments face dealing with the different religious groups. It also contains the guide which the Congress issued for better understanding and application of this act.
- Price: 4.50 €
За придобиването на статус на юридическо лице на религиозните общности в България и в някои други държави
За придобиването на статус на юридическо лице на религиозните общности в България и в някои други държави
(The Acquisition of Legal Entity of Religious Communities in Bulgaria and Some Other Countries)
- Author(s):Ivaylo Vasilev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law, Comparative Law
- Page Range:167-174
- No. of Pages:8
- Keywords:legal entity; religious communities; Bulgaria
- Summary/Abstract:This research contains a short comparative-legal analysis of some legal matters in Bulgaria, Serbia, Romania, France and Austria concerning the acquisition of a legal entity status on behalf of religious communities. It presents the differences and common grounds existing in the legal regulations with regard to differentiation of religious communities, mechanisms of creation of capacity accorded to them as well as some specifics that accompany the underlying procedures. Based on this analysis, a retrospective review of the selected legal approach of each country is made. The main purpose of this research is to set the focus on the fundamental principles of the legal systems in question and then to apply the findings as comparative reference for resolving related legal issues in future.
- Price: 4.50 €
Имущество и финанси на религиозните институции у нас и в Европа
Имущество и финанси на религиозните институции у нас и в Европа
(Property and Finances of the Religious Institutions in Bulgaria and Throughout Europe)
- Author(s):Kostadin Ivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law
- Page Range:175-182
- No. of Pages:8
- Keywords:property; finances; religious institutions; Bulgaria; Europe
- Summary/Abstract:The religious organizations are able to create and to register religious institutions that are considered legal entities with their own property. This property consists of different religious objects and buildings, as well as finances. Like every other legal entity, the religious institutions have their own proprietorship and independent financial income from business activities, charity and donation and governmental subsidy. But these incomes and proprietorship are taxable. There are specific taxes that the registered religious institutions have to pay. However, they are not as high as the majority of charges, fees and other taxes. The religious organizations and institutions have specific characteristics and play a vital role in every society. This is the reason why there are special rules about their property and different policy of taxation.
- Price: 4.50 €