Pibaev I.A. —
Constitutional law on public religious events in Italy and Russian Federation
// Law and Politics. – 2016. – ¹ 6.
– P. 761 - 773.
DOI: 10.7256/2454-0706.2016.6.13184
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Abstract: The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.
Pibaev I.A. —
Constitutional law on public religious events in Italy and Russian Federation
// Law and Politics. – 2016. – ¹ 6.
– P. 761 - 773.
DOI: 10.7256/2454-0706.2016.6.42652
Read the article
Abstract: The subject of this research is the legislative regulation and practice of realization of public religious events in the Russian Federation and Italy. Examining the current Italian and Russian legislations, the author attempted to classify and systematize various religious events and their legal regulation. The work presents specific examples of application of various legal regimes, as well as legal precedent pertaining to exercise of the right to organize and hold religious events. Several proposals are made on improvements to the current legislation and borrowing of foreign experience for Russian legislation. The author concludes on the need to improve Russian legislation, namely a number of positions of the Federal Law No. 54-FZ “On Assemblies, Meetings, Demonstrations, Marches and Picketing”. The author believes that there is a need to remove the existing collision by introduction of changes to the Federal Law No. 125-FZ (clause 5 of the Article 16), which would exclude the referencing norm to the Federal Law No. 54-FZ, and amend the 54-FZ in the clause 2 of the Article 1with the following formula: “with the exception of public religious services, other religious rituals and ceremonies (including prayer and religious gatherings) held in public places that require measures for ensuring public order and safety of both, the participants of the religious ceremonies, as well as other citizens. Such events should be held in the order established by the current federal law”.
Pibaev I.A. —
The formation of a temporal state in Russia in the 19th – the 21st centuries: historical and theoretical aspect
// Legal Studies. – 2015. – ¹ 8.
– P. 20 - 47.
DOI: 10.7256/2409-7136.2015.8.15680
URL: https://en.e-notabene.ru/lr/article_15680.html
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Abstract: The article considers the main stages of formation of the Russian Federation as a temporal state. The article presents a historical and legal review of development of secularity in Russia in the historical periods starting from 1701 till the present time. The author notes that the Constitutions of the USSR and the Russian Soviet Federative Socialist Republic didn’t legitimate a temporal state as a characteristic of social order. For the first time this term occurred in the 1993 Constitution of the Russian Federation (though the USSR Law ¹ 1689-1 “On Freedom of Conscience and Religious Organisations” of October 1, 1990 and the Law ¹ 267-1 “On Freedom of Religion” used the term “secularity” when describing the state system of education). The author applies the following methods: the specifically-historical method, the comparative-legal, the formal-juridical and the political-legal methods. Normative acts of the Soviet period didn’t use the term “secularity” but formally legalized the temporal character of the state. At the same time, in reality the state was atheistic and in particular periods of history took tough repressive measures against religious organisations (1917 – 1920 – the first shootings of the clergy and the mass robberies of churches, 1921-1923 – confiscation of church values, 1929 – 1931 – dispossession of the kulaks, 1937 – 1938 – mass terror, 1958 – 1964 – the Khrushchev’s anti-religious campaign).
Pibaev I.A. —
Electing representatives of religious organizations into legislative bodies of the constituent subjects of the federation: theoretical and historical aspect.
// Legal Studies. – 2014. – ¹ 7.
– P. 36 - 47.
DOI: 10.7256/2305-9699.2014.7.12706
URL: https://en.e-notabene.ru/lr/article_12706.html
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Abstract: The article concerns history and modern practice of participation of representatives of various religious denominations in the activities of legislative bodies. Within the framework of Inter-Council Assembly of the Russian Orthodox Church on February 2, 2011 they have adopted a document entitled "Practice of Claims and Actions of Hierarchs, Clergy, Monks and Common People during the Election Campaings". While this document has suppored the pre-existing prohibition for the church clergy to take part in election, it has left a "loophole" for exceptions. After that there was a widespread discussion on the possibility and necessity for the church clergy to take part in elections of various levels. While writing the article, the author applied the special methods, such as historical legal method, comparative legal method and systemic method. Application of combination of the said methods has allowed for a comrehensive solution in order to achieve the goals and aims of the study. The author has analyzed the attitude of Russian religious organizations to the political activities. The conclusion is substantiated that the religious clergy sholud not take part in elections for the legislative bodies of constituent subjects. In the opinion of the author this type of activities is more suitable for the common people, who have active position and religious world view.
Pibaev I.A. —
// Actual problems of Russian law. – 2013. – ¹ 10.
– P. 1223 - 1231.
DOI: 10.7256/1994-1471.2013.10.8061
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