Религиозната толерантност в съвременния свят : Сборник статии и доклади 2013-2014
Religious Tolerance in Contemporary World : Collection of Articles and Reports 2013-2014
Contributor(s): Malina Novkirishka- Stoyanova (Editor)
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law, Canon Law / Church Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: religion; tolerance; contemporary world
Summary/Abstract: The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".
- Print-ISBN-13: 978-619-7109-03-0
- Page Count: 163
- Publication Year: 2014
- Language: Bulgarian
Принципите на религиозна толерантност, съвременното българско законодателство и законодателни инициативи
Принципите на религиозна толерантност, съвременното българско законодателство и законодателни инициативи
(Principles of Religious Tolerance, Contemporary Bulgarian Legislation and Legislative Initiatives)
- Author(s):Plamen Slavov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law, EU-Legislation
- Page Range:9-14
- No. of Pages:6
- Keywords:religion; tolerance; Bulgarian legislation; legislative initiative
- Summary/Abstract:This article introduces the widely-acclaimed A Letter concerning Tolerance from 1686 by the famous philosopher and political thinker John Lock. This letter was published as a basis for religious tolerance as a notion which is universally considered to be condition sine qua non when it comes for peaceful and just cohabitation in all countries. The notion has been examined in terms of development in the Universal Declaration of Human Rights , adopted by the member states of the United Nation in 1948. The Declaration of the Principles of Tolerance adopted at the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Paris in 1995 and the Charter of Fundamental Rights of the European Union. Main focus in the article is put on tracking and examining how religious freedom is practised in democratic and pluralistic. The amendment of the Religious Denominations Act introduced by the 42nd Parliament assembly is referred to in that respect. The act explores principles of separation of religious institutions from the state whereby the religious norms are clarified in reference to religious service- temples, monasteries and other religious institutions as well as persons holding religious ranks who are in charge of said service. Other norms are also given consideration; such as to the Bulgarian Eastern Orthodox church and its local division units- private persons as well as different religions which are also registered in official capacity in the Republic of Bulgaria by way of securing beneficial conditions for the supply of documentation indicating ownership, property protection and the specific purpose of religious service.
Конституционни аспекти на религиозните свободи
Конституционни аспекти на религиозните свободи
(Constitutional Aspects of the Religious Freedom)
- Author(s):Emilia Drumeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law
- Page Range:15-22
- No. of Pages:8
- Keywords:religious freedom; constitution
- Summary/Abstract:The article examines the constitutional aspects of the religious freedom in Bulgaria according the acting Constitution from 1991. Three sections can be identified- for the regulation of freedom of conscience, the free choice of religion and the status of the religious communities and institutions. The main argumentation is that the freedom of religion is being transferred in human right and part of the basis of the study of human rights. In contemporary state the religious freedom is integral part of human dignity whether to share or not (certain) religious views. The regulation of religious freedom is tracked in the Turnovo Constitution as well as in the 1947 and 1971 Constitution. The term freedom of conscience is defined as freedom of every person to develop his own religious belief (or not to), regarding the place of man in the world and his attitude towards the supernatural (Higher Powers) and to conduct himself in accordance with the said beliefs. Freedom of conscience is examined parallel with the freedom of thought. The free choice of religion is analyzed in the context of the citizens’ basic constitutional rights. The freedom of religion is studied as well as the status of the religious communities, stipulated in base right that the constitution defines for association and the positive regulation in the Religious Denomination Act.
Принципът на толерантността от гледна точка на политическата теория
Принципът на толерантността от гледна точка на политическата теория
(The Principle of Tolerance in Terms of Political and Legal Theory)
- Author(s):Dimitar Hanev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Political Theory, Politics and law, Politics and society
- Page Range:23-35
- No. of Pages:13
- Keywords:tolerance; political theory
- Summary/Abstract:Though the idea of toleration can be found as a virtue still in the classical authors of antiquity, the real centering of this topic as part of the political, philosophical and legal discourse of modern societies dates back actually to the Protestant revolution and the followed-up religious and political conflicts in Europe. In such a way the debate about toleration spread mainly on the idea of the political compliance, which means nothing but co-existence of groups of people, professing different kinds of religious beliefs. In this context not less important should also be the problem of where the religious differences really end, and where the differences based on the ethnic and cultural affiliation start. But even extended in this way the problem of toleration seen solely as based on differences arose as a result of the socio-historical evolution of separate groups of people, turns out to be only a special case of a larger and more general principle. This principle, to some extent, determined the accepted and legitimate state of the liberal-democratic societies in our days.
Конституционен и законов статус на вероизповеданията в България
Конституционен и законов статус на вероизповеданията в България
(Constitutional and Legal Status of Religious Denominations in Bulgaria)
- Author(s):Mariya Kyoseva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law
- Page Range:36-61
- No. of Pages:26
- Keywords:constitution; legal status; religious denomination
- Summary/Abstract:When considering the status of religious denominations in Bulgaria the first aspect to be analysed are is constitutional norms and principles. Prior to the interpretation of the norms it is necessary to clarify the meaning and the usage of the terms: religious denominations, religion, religious institutions, religious communities, religious convictions. The constitutional model of the regulation of religious denominations is based on some principles, which are fundamental for the legal specification of this social relations category and are basic principles for the systematic interpretation of the legal norms: the principle of freedom of religion (Article 13, (1) Constitution of Bulgaria); the principle of separation of religion from the State (Art 13, (2)); the principle of tolerance and respect among believers adhering to different denominations, as well as between believers and non-believers.(Art 37 (1)). Significant characteristics of the Bulgarian constitution in the light of the discussed principles, which are related to all religious denominations, is the declaration of the Eastern Orthodox Christianity as a traditional religion in the Republic of Bulgaria (Art 13. (3)). The traditional character of Eastern Orthodox Christianity expresses its cultural and historical role and significance for the Bulgarian state as well as the its current significance for the state life that is reflected mainly in the system of national holidays. A special legislative act - The Religious Denominations Act - establishes the right to religious freedom and its protection as well as the legal status of religious communities and institutions and their relations with the State, respectively the institutional autonomy and self-dependency of religious denomination. The observation of constitutional principles is guaranteed on a legislative level and that is with accordance with the constant practice of the Constitutional court and of the courts in the Republic of Bulgaria.
Правна сила на решенията на Конституционния съд, постановени по спорове за конституционност на политически партии, образувани на верска основа
Правна сила на решенията на Конституционния съд, постановени по спорове за конституционност на политически партии, образувани на верска основа
(Legal Effect of Constitutional Court Decisions Ruled on Disputes Concerning the Constitutionality of Political Parties, Formed on Religious Basis)
- Author(s):Radoslava Yankulova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Politics and law, Politics and religion, Canon Law / Church Law
- Page Range:62-71
- No. of Pages:10
- Keywords:constitutional court; decisions; political parties; religious basis; constitutionality
- Summary/Abstract:Article 11, paragraph 4 of the Bulgarian Constitution forbids the formation of political parties on ethnic, racial or religious basis. The purpose of this norm is not to allow the formation and the functioning of political parties whose members belong to specific ethnic, racial or religious group and therefore are not accessible to people outside this group. The state organ with the task of monitoring the compliance of the existing political parties with art.11, par.4 of the Constitution, is the Constitutional Court that is competent to rule on challenges concerning the constitutionality of political parties and associations. Constitutional court decisions, including those rendered on disputes on the constitutionality of political parties, formed on religious basis, has formal and material res judicata effect. But when the Constitutional court reviews the constitutionality of a political party it acts not only as a “court of norms” but also as a “court of facts”. So the main question is whether and to what extent art. 21, par. 5 of the Constitutional court act, forbidding the filing of further motions when the Constitutional court has already rendered a decision on the same subject, is applicable to disputes concerning the constitutionality of political parties. According to the author in such cases the res judicata effect comprises only those facts that are present and known to the court at the moment of rendering its decision. Consequently, there is no obstacle to file a motion, based on new facts, that were non-existent at the moment of rendering the previous decision. Otherwise, it would mean that once the constitutionality of a certain political party has been reviewed by the Constitutional court this same party is forever immuned from the threat of being proclaimed unconstitutional.
Антисемитизъм и ционизъм - същност и разпространение в българските земи
Антисемитизъм и ционизъм - същност и разпространение в българските земи
(Anti-Semitism and Zionism - Characteristics and Spreading in the Bulgarian Lands)
- Author(s):Petia Nedeleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
- Page Range:72-86
- No. of Pages:15
- Keywords:anti-semitism; zionism; characteristics; Bulgaria
- Summary/Abstract:The Bulgarian people, traditionally tolerant to people with other faiths, express mixed feelings towards the Jewish population in its history. This attitude marks its peak with the Bulgarian anti-Jewish legislation during the 1939-1944 period. This legislation, adopted after the German model, is in harmony with the anti-Semitic government policy of the Bogdan Filov government (1940-1943) in the World War II period.
Религиозната толерантност в България през Средновековието
Религиозната толерантност в България през Средновековието
(Religious Tolerance in Medieval Bulgaria)
- Author(s):Emanuil Dimitrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law
- Page Range:87-108
- No. of Pages:22
- Keywords:religion; tolerance; medieval Bulgaria
- Summary/Abstract:The following article deals with the issue of religious tolerance in Bulgaria during the Medieval times. It sifts through Bulgarian history from forming of the state to falling under the Ottoman yoke. The article starts with the religious believes of the thee major ethnic groups which participated in forming of Bulgarian medieval state: thracians, slavs and bulgars. The research is centered around their common religious relations and influences. The other issue is the anti-Christian persecutions during the pagan age of the First Bulgarian Empire. The intolerant actions of the khans can be explained with the fear of Byzantine influence and eventual loss of sovereignty. A turning point in the Bulgarian history is the period of christianization and the following results. Conversion to Christianity, at first, meets great opposition among the Bulgar nobility, but the actions taken by Boris I deserves to be mentioned. The article pays attention to another problem in our society during the Middle ages – the Bogomilism. This gnostic religious and political sect calls for a return to early Christianity, rejecting the ecclesiastical hierarchy, and its primary political tendencies are resistance to the state and church authorities. This religious movement is met by heavy contempt and intolerance of the ruling class from its beginning to the fall of the Second Bulgarian Empire. The final issue is the relations between the crusaders and the orthodox Bulgarians during the crusades.
Лингвистични аспекти в правната терминология относно изразяване на права, включително и религиозните, в международноправни документи
Лингвистични аспекти в правната терминология относно изразяване на права, включително и религиозните, в международноправни документи
(Linguistic Aspects in the Legal Terminology About Human Rights in the International Legal Documents)
- Author(s):Kristina Krislova
- Language:Bulgarian
- Subject(s):Language and Literature Studies, Law, Constitution, Jurisprudence, Translation Studies
- Page Range:109-118
- No. of Pages:10
- Keywords:legal terminology; human rights; international legal documents
- Summary/Abstract:The present study offers a brief discussion of the features of the modal verb shall in the International and European legal documents with a view to religious tolerance. For the purpose of the study documents as the Universal Declaration of Human Rights of the United Nations and The Charter of Fundamental rights of the European Union are used. The word shall is analysed from the perspective of usage, grammar and meaning. Discussed are the linguistic functions of shall in the General language and its deontic function in Legal English. The study identifies the frequent use of shall and its different meanings in legal texts. In considering the problems which shall presents in legal texts the study then proceeds with discussing the usage and meaning of shall in the English text and the Bulgarian translation of the Declaration and the Charter. Analysed are the typical translation models of shall in Bulgarian.
Религиозна толерантност и екология
Религиозна толерантност и екология
(Religious Tolerance and Ecology)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Environmental interactions, EU-Legislation
- Page Range:119-126
- No. of Pages:8
- Keywords:religious tolerance; ecology
- Summary/Abstract:This study is dedicated to a current and non-investigated up to nowadays problem in our ecology law literature. It is determined, from one hand, from religious and cultural variety of the society in separate countries, and from the other hand, with reinforcing ecological problems on a global level which give a reflection to the activity of the separate religions. At the same time religious tolerance must be mentioned as one of the indicators for democratization of the society. In view of the fact that Christian religion has caused a big influence to the development of the human civilization in the preface are shown some verses from the Holy Bible, and especially from the New Testament where the idea of religious tolerance is on the ground. In this study the attention is paid to a following major legal problems: a) legal characteristics of a basic right to religion of the Bulgarian citizens; b) international law regulation of the subjective right to religion in the light of the participation of the Republic of Bulgaria in a separate international treaties, related to human rights; c) ecological requirements to some activities which cause influence to the exercising of this right, regulated in the Bulgarian environmental legislation. In the conclusion, some more general deductions from the existing regulation and suggestions for its improvement are made.
Някои разсъждения относно данъчното облагане на религиозните организации в Испания
Някои разсъждения относно данъчното облагане на религиозните организации в Испания
(Some Considerations on the Taxation of Religious Entities in Spain)
- Author(s):Antonio Fernández de Buján y Arranz
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law, EU-Legislation
- Page Range:127-142
- No. of Pages:16
- Keywords:religious entities; taxation; Spain
- Summary/Abstract:Law 49/2002 which regulates Spanish Tax Legislation on Non-For-Profit organizations and the Tax Benefits for Patronage develops a favorable tax regime in the area of Corporation tax to of non-profit organizations. The Catholic Church and other participating registered churches and religious society, namely Evangelical Churches, Israelite and Islamic communities are governed in the field of Corporate Tax Law and Local taxes, under the regulations of the Law 49/2002 as laid downin the he sixth additional provision of that Law
Отграничаване на общественоопасните последици от престъплението от общественовредните последици от другите видове правонарушения в контекста на престъпленията против изповеданията
Отграничаване на общественоопасните последици от престъплението от общественовредните последици от другите видове правонарушения в контекста на престъпленията против изповеданията
(The Differentiation of the Socially Dangerous Consequences of the Crimes from the Socially Detrimental Consequences of Other Offences in the Light of the Crimes Against Religious Rights)
- Author(s):Silviya Cankova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Canon Law / Church Law, Sociology of Law
- Page Range:143-152
- No. of Pages:10
- Keywords:crimes; consequences; religious rights
- Summary/Abstract:Regardless of their variety, the consequences of the offences can be grouped in two categories according to their antisocial character. One group of the antisocial consequences of the offences has a negative impact on the social relations that affects solely the social relation at which the act committed is targeted. Thus the above mentioned antisocial consequence does not affect the foundations and the conditions for the existence and the development of the society as a whole. On the contrary, the other group of antisocial consequences has a negative impact on the foundations and the conditions for the existence and the development of the society as a whole, which means that these consequences are socially dangerous, dangerous for the society as a whole. An indicative example for socially dangerous consequences are those infringing the social relations, guaranteeing the right of the citizens to choose freely their religion. The praetor takes also into account that these books may also diminish the ability of the political organs to take decisions which according to the religion at the beginning of the II century B.C. are based on the God’s will.
