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The need to ensure equal rights for all people, regardless of religion, is enshrined in international law and necessitates a comprehensive study of hate crimes to prevent them more effectively. This explains the relevance of this study. The authors consider the phenomenon of crime on a religious ground as a criminal law and as a social and legal phenomenon. The article aims to investigate the phenomenon of ‘pathological’ religiosity as one of the manifestations of deviant behavior of the individual. The authors analyzed the peculiarities of the formation of the motive of religious hatred or hostility in the commission of a crime in the field of religion. The psychological and social factors that influence the formation of such a motive were identified, which allowed to identify the psychological determinants of the structure of the person of the offender who committed a crime on the grounds of religious hatred or hostility.
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This article presents the notion of domicile in the Latin and Eastern canon law from a canonical point of view. The Author claims that in the current canon law there is no legal definition of domicile. A definition has to be deduced from other norms, especially concerning its acquisition and loss, based on the legal-theoretical and historical principles of this institution (1.1.). Describing domicile’s traditional elements (corpus and animus), the Author notes some inflexibility in the notion of domicile (2.1.3.). Then, basing himself on the criterion of the will, he indicates three theories regarding domicile in canonical doctrine (3.1.). The Author favours the mixed theory or the two-part modified theory, and so he distinguishes proper domicile (and there exist a voluntary and a factual domicile) from improper domicile (that is, the necessary or legal domicile) (3.1.3.).
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Justice in the rule of law is seen from two perspectives: as a system of court bodies and as an activity conducted by competent bodies. By its norms, the civil adjective law sets in detail every phase and stage undergone in the civil lawsuit. Seen in relation to the civil action, the canon action or the church action represents the ensemble of procedural means stipulated by “The Regulations of the disciplinary canon authorities and the court bodies of the Romanian Orthodox Church” regarding the protection of the subjective right of the members of the Church, clergy and laypeople, the compliance with the discipline rules, the internal canon order and the moral-clerical values, according to the directions of the Holy Canons and the canon tradition, the State, for the organization and functioning of the Romanian Orthodox Church, the application of its regulations, the decisions of the Holy Synod, the orders and the resolutions of the church authorities. The judicial power carries out their activity in line with some democratic principles intended to contribute to achieving an impartial and equitable justice. Since the very beginning of Christianity the church judgment has been attributed to the church canon authority, which is not a purely human authority, as is the case of the civil authority, but an authority of divine nature. The church and the human judgment is achieved and finds its meaning in the Universal judgment, which is the confrontation of history and man with God’s justice at the end of time, when the whole world will be brought under the supreme authority of God and the divine decision, that is full of love and justice, will apply erga omnes.
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The article deals with the current issues of preservation and protection of the cultural heritage of religious purpose in Ukraine at the modern stage and attempts to formulate legal problems and propose their solutions. The authors conclude that the proper preservation and protection of cultural heritage is fraught with the following legal obstacles. The first is the question of terminological certainty, the question of the unification of concepts. The second problem is the revision of the classification of landmarks into species and the separation of such species as religious landmarks (religious and church-life). The third problem is the lack of a generalized methodology for determining the modes of use and monitoring of the landmark depending on its type and kind, as well as the imperfection of legislation governing administrative liability for violations of cultural heritage.
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The paper examines issues regarding the models of interaction between the rulings adjudicated by ecclesiastical and common courts on marriage cases. Pope Francis’ reform in the matrimonial proceedings offers an incentive for a deep reflection on the models of interaction between the rulings of ecclesiastical and common courts, from the automatic model, through the controlled model, and on to the autonomous model as regards the scope of the jurisdiction of ecclesiastical tribunals in declarations nullity of marriage. Special attention will be paid to the model of interaction between the rulings of ecclesiastical and common courts concerning matrimonial matters in Poland.
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The 1983 Code of Canon Law establishes circumstances that preclude marriage, also referred to as marital impediments. The existence of marital impediments is intended to legally protect the institution of marriage, not to limit the right to marry. The catalog of these circumstances includes 12 marriage impediments: the impediment of age, impotence, the marriage tie, difference of religions, holy orders, public eternal vow of purity, abduction, spousal suicide, consanguinity, affinity, public decency, and legal kinship. These impediments are distinguished by their source, scope, duration, time of origin, degree of certainty, and dispensability. This article presents not only the individual impediments, but also defines the concept of impediment and their typology.
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Dialog in religious life is part of daily reality. It encompasses relationships between members of the given institute with each other and with their superiors. This dialog begins in the first stages of formation between the novices and their novice master. It continues during the time of professing temporary vows and never ceases during the life formation process. All members are bound to the religious life in mutual respect and understanding, which occurs through dialog. Institution, which represents the entire religious congregation, is the general chapter. Both members holding an office and elected members may participate in such a chapter. All the other members of the institute may report their wishes and suggestions in accordance with the law. Decisions are made after the discussion by the required majority vote. Superiors on the other hand make their decisions with the participation of their council, whose voice may be binding or only advisory. In short, dialog has its place in the life of religious institutes. Nevertheless, it is necessary to remember that the final decision belongs to the chapter or superiors, which also are responsible for carrying out the undertaken decisions.
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Proclaimed in can. 219 of the CIC (and in can. 778 of the CCEO), the universal human right to freely choose the state of life has found its specification in can. 1058 of the CIC, which declares the right to marry: ,,All persons who are not prohibited by law can contract marriage”. The general norm of can. 1058 CIC, including the clause: ,,who are not prohibited by law” means that the right to marry may be limited. One of the areas where this restriction exists is marital impediments (impedimenta dirimentia).In affirming in can. 1073 of the CIC that a breaking impediment renders a person incapable of contracting marriage, the legislator defined the legal nature of the binding marriage impediments. Impedimentum matrimoniale is a law which, above all, forbids marriage, but is a law which has its own specific legal effects: it makes a person inhability within the meaning of the above-mentioned can. 10 of the CIC. Marital obstacles have the function of protecting the welfare of the entire community and of preventing possible personal and direct harm to one of the parties, at least with regard to certain impediments.
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In this study, on the basis of can. 94 §§ 1-3 CIC, the author started a reflection on the issue of the canonical integral concept of statutes, which has not been worked out so far in the literature of the subject. The main stimulus for the research undertaken was the definition of statutes in the strict sense included in can. 94 § 1. He proved that it is inadequate for all forms of such acts functioning in the canonical legal order. Examining such issues as the problem of autonomy of statutes, their nature and also systematic difficulties, he indicated that the problems in question are of a complex and multidimensional nature. Therefore, responding to the assumed research goal, he expressed a view that it is impossible to express the canonical concept of statutes in the form of a legal definition. Arguing, he showed that apart from statutes in the proper sense, one does not exclude also statutes in the improper sense due to a wide spectrum of associations functioning in the Church.
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On October 8, 2019, the Polish Bishops’ Conference issued a General Decree on the conduct of canonical and pastoral talks with engaged couples before entering into canonical marriage, which entered into force on June 1, 2020. This document replaced the Instruction of the Polish Episcopal Conference on the preparation for marriage in the Catholic Church of September 5, 1986. Among the twelve chapters of the General Decree (it is a law), chapters V – “Impediments and prohibitions to assist” and VI – “Disadvantages of consensus” are particularly significant. The author presents and comments on the provisions of these chapters, and also analyzes Annex No. 1 to the General Decree. He draws attention to the necessity to take into account the principles of legislative technique in normative acts of the Church.
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Briefer process, which in my opinion has become the most inventive establishment in the recent reform made by the Pope Francis, is believed to be at the same time the biggest challenge for Ecclesiastical Tribunal. There are two main and basic conditions that need to be met in order to make this situation happen, namely both spouses are in agreement to file for divorce, so the divorce petition was reported by both of them or by only one, but with another spouse’s consent. Second basic condition is that all events and cases reported, considering facts or people, are advocated by testimony or documents and do not need to be explained and checked, so therefore they clearly indicate the nullity of marriage. Every process for nullity of marriage, no matter the form, begins with the presentation of the petition. Judge cannot familiarize with the case, until the request is not presented. Invariably, the right to complain about marriage have both spouses and the Promotor of Justice in some cases.
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The article presents the issue of changing the regulation regarding the possibility of administering the sacraments of Penance, the Eucharist and the Anointing of the Sick to non-Catholic Christians. The regulation currently in force – codified in can. 844, §§ 3–5 CIC – is the result of modifications that took place in the legislation of the Roman Catholic Church. Importantly, the norms contained in this canon constitute a “milestone” in the ecumenical dialogue between the Catholic Church and the Ecclesial Churches and Communities separated from the Roman Holy See.
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In the presented study, the author reflects on can. 18 CCL, which contains hypotheses referring to the laws which should be interpreted strictly. Defining strict and broad interpretation and distinguishing these forms from similar ones, i.e. restrictive and broad interpretation, the author presented the doctrine’s standpoint on particular hypotheses. He indicated that the biggest interpretation problems are generated by the third hypothesis concerning an exception from the Act. Despite ambiguous doctrine in this matter, the Author expressed his personal view that the legislator assumes the occurrence of such laws, because in some code regulations he has introduced clauses, „unless the law provides otherwise”; such a character, according to the Author, is also present in extraordinary laws. According to the Author, the principles contained in can. 18 CCL are of auxiliary character. He expressed an opinion that they should be used when the application of grammatical-logical interpretation did not bring the expected result and the name has many meanings.
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The intellectual formation of candidates for the clerical state is only one of the elements of the comprehensive preparation of the future priest and his subsequent constant work on shaping his personality and carrying out the mission entrusted to him in the Church. This type of formation should teach the cleric to be independent in making their own judgments, as well as to listen carefully to others, to read and use them. This study describes the purpose and course of formation, taking into account the division into philosophical and theological studies, as well as presents the method of teaching seminarians in the seminary.
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