State-confessional Relations Research Articles

AFTER ATHEISM: A SOCIOLOGICAL EXAMINATION

The fall of communism and the collapse of the Soviet Union, the processes of nation building in five Central Asian states have changed the status of religion in these post-soviet countries. The religious freedom is recognized as one of the fundamental humans right in the Republic of Kazakhstan. This essay aims to highlight a unique form of secularism in Kazakhstan, one that is based on the low level of everyday religiosity and evidence that the eventual expansion of Islam in the physical and spiritual spaces does not negate the influence of established secular cultural attitudes. This study examines Kazakh religiosity through a comparative examination of World Values Survey data from 2011 and 2018. The examination of the features of religiosity and the proposition of the distinction between a believer and a religious person define this paper’s subject. The empirical data indicates that Islam has the capacity to transcend moral norms, despite the fact that the majority of Kazakhs' national attitude does not align with Islamic religion in the twenty-first century. Finally, the study draws the conclusion that since most people in post-atheistic Kazakhstan continue to keep secular attitudes, state policy must preserve the secular character of the state while adjusting state-confessional relations to changing Kazakhstan's religious landscape.

Transformation of the Model of State-Confessional Relations in Belarus at the End of the 19th Century – 1917

Introduction. The article describes the process of transformation of state-confessional relations in the Belarusian lands as part of the Russian Empire from the end of the 19th century to 1917. Methods and materials. To obtain verified results, the study is based on the analysis of administrative and regulatory materials, office documents of the Mogilev diocese, and domestic and foreign historiography. The study was conducted using an interdisciplinary methodology: historical-typological and historical-comparative methods, formal-legal, and the method of interpretation of legal norms were used. In addition, to identify the features of the socio-political discourse on the issue of changes in state-church relations, discourse analysis was used. Analysis. The historically established model of a religious state with the dominance of the Orthodox Church in the Russian Empire was established in the 19th century on Belarusian lands with a different confessional structure and traditions of state-church relations. The author noted a tendency to transition from the model of a religious state to the model of a secular state – in the period March – October 1917, the Provisional Government tried to establish an identification model of a secular state. This model corresponded to the religious system of Belarusian society with the dominance of the Orthodox Church and the expectations of socio-political actors and also ensured the implementation of religious rights and freedoms of adherents of other religions but was not fully implemented due to the transfer of power to the Bolshevik Party in October 1917. Results. Transformational processes in state-confessional relations in the Belarusian provinces took place in the direction from the model of a religious state to the model of a secular state as accompanying changes in the political system of the Russian Empire. Internal factors in the development of the state-confessional system of the Russian Empire, as well as the peculiarities of the confessional environment of the Belarusian provinces (diversification of the religious structure of Belarusian society, limitation of the rights of traditional actors rooted in the Belarusian religious environment, confessional dualism “Orthodoxy-Catholicism”), did not play a significant role in the transformation processes.

Political interpretation of social processeschanged reality: political-values aspect

The article analyzes transformational political, ideological and sociocultural processes occurring in a constantly changing reality. The basic values of democracy, emerging contradictions and conflicts, relations between the state and the church, etc., which largely determine future social processes, are studied. It talks, in particular, about human rights as a new type of political and legal culture and ideology, which is aimed at «preserving the people» (more precisely, their identity and cultural originality), as well as what violations they are subject to, and how they can be resolved pending difficulties. Issues of state-confessional relations, which involve a comparative solution to the problem of realizing the interests of society and each of its layers, have become the subject of the political science of religion described in the article, which considers this socio-cultural phenomenon as one of the main environments for political socialization, i.e. formation of political attitudes and values of individuals and groups; and also to create a democratic climate, social work, global diasporas. Religious organizations are considered by this applied subdiscipline as elements of the institutional subsystem of society (along with the party system and the media), especially due to their ability to influence the government and politicians. Based on recent political science and sociological research, it shows the interrelation and interdependence of social processes with political and, especially, geopolitical realities, rich in various significant political events — a terrorist attack, the Northern Military District, the election of the President of the Russian Federation, his subsequent inauguration on May 7, the Victory Parade and related him the procession of the Immortal Regiment and many others. An interpretation of these events is given from a political science point of view.

Общественно-политические установки молодого поколения дагестанцев: через призму исламского вероучения (по результатам социологического опроса)

At the initial stage of the religious revival, the activity of confessional institutions was somewhat passive, but now it is being intensified, which is expressed in the expansion of the space of influence of religious figures, the orientation of the population to simultaneously receive religious and secular education, and the introduction of a large layer of the population with religious knowledge. The article puts forward the hypothesis about the increasing role of traditional faiths and religious institutions in the social processes of modern Russian society. Consequently, the study of the religious component, in this context of the Islamic factor, from the standpoint of forecasting and assessing its role in modern Dagestan society, acquires special significance, because it will allow us to outline the trajectory of development of state-confessional relations, develop effective religious policies and provisions that do not violate the secular nature of the state devices of Russia. The perception and assessment of Islamic teachings in the socio-political life of the republic by the younger generation of Dagestanis is analyzed. The analysis shows the dominance in the mass consciousness of Dagestan youth that the position on the state structure is based on Islamic teachings; the author assumes that the younger generation lacks the understanding of the essence and specifics of government based on Muslim postulates. The surveyed Dagestan youth are consistent in their positions and in resolving controversial issues in a variety of social spheres (economic activity, land dispute between owners, family conflict, domestic violence, etc.), according to the Sharia court, which has acquired greater authority in everyday life population of Dagestan. In the mass consciousness of the younger generation of the republic, there is a priority of Muslim teaching and the designation of its special status, which is a destructive phenomenon, because it can create religious intolerance and destabilize Dagestan society. The younger generation of Dagestanis associates the function of religious teaching in public life with the dissemination of the fundamentals of religion and religious morality, spiritual and moral education and charity.

OLD BELIEVER COMMUNITIES OF VITEBSK REGION IN THE SECOND HALF OF 1980S – 2020S

The article characterizes the state of the Old Believer communities in the territory of Vitebsk region in the second half of the 1980s – 2020s. During this period the region was the absolute leader in the number of Old Believer religious associations in the country. In the confessional history of Belarus, the mid-1980s is marked by the revitalization of religious life, which was caused by perestroika measures. However, these processes had little impact on the activities of the Old Believers' associations of the region. The article reveals the regularities of functioning of the Old Believers' communities in the region in the second half of the 1980s. The peculiarities of state-confessional relations in this period are noted. More significant changes in the religious landscape of the region were caused by the independence of Belarus and the adoption of new legislation that regulated the activities of religious communities. The paper shows the process of formation (registration) of new Old Believer religious organizations in the 1990s, characterizes their situation in the 1990 – 2020s, and analyzes quantitative indicators.

Антирелигиозная кампания Н.С. Хрущева как неотъемлемая часть идеологической составляющей СССР в 1953–1964 гг.

The article presents an analysis of the policy pursued by N.S. Khrushchev in 1953–1964 in the aspect of state-confessional relations. The normative legal acts contributing to the implementation of the anti-religious campaign are investigated. The methods by which the named policy was supposed to be implemented are listed. The article shows the situation of the Russian Orthodox Church in the period under study: statistical data on the number of Orthodox churches and monasteries in the USSR are presented. The authors of the study concluded that the policy is ineffective: the results of the policy are presented, the reasons for its failure are indicated.

Законодательство о религии в Республике Кипр: принцип «омотаксии»

The article examines the Constitution and legislation on religion in the Republic of Cyprus, analyzes the origins and current state of the legal system for regulating state-confessional relations, the distinctive feature of which is the principle of omotaxy, which determines the mutual autonomy of the church and the state, as well as establishing the legal equality of religions traditional for a given state in Cypriot society, the vast majority of whose citizens profess Orthodoxy.

LEGAL REGULATION OF CONFESSIONAL RELATIONS IN THE REPUBLIC OF KAZAKHSTAN

Relations between the state and religious organizations in human history play a significant role. Since religion and law are powerful regulators of human behavior, and religious organizations and the state are forms of such behavior. In modern society, there are many religious organizations that are one of the main elements of the social structure of such a society. The subject of the study is the system of legal norms regulating state-confessional relations in the Republic of Kazakhstan. The purpose of the proposed research is a comprehensive study of the problems of legal regulation of state-confessional relations, the development of scientifically sound theoretical provisions and practical recommendations for improving the current legislation of the Republic of Kazakhstan on religious activities and the practice of its application. The article examines the issues of religion, which has always been a regulator of public relations and its increasing role in society in modern times, examines the problems of legal regulation of state-confessional relations, provides statistical data on types of religions and confessions, defines terms such as: religion, denomination, sect, denomination, etc. In addition, the article provides a brief analysis of the system of legal acts regulating religious issues, which consist of two levels: national and international. The authors refer to the national legal acts as the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan and by-laws regulating religious issues, the central place among which is occupied by the Law of the Republic of Kazakhstan "On Religious activities and religious associations" and lists international documents in this area. In the course of the study of this problem, the authors come to conclusions concerning the improvement of legislation on religious activity in the Republic of Kazakhstan.

Интеграция исламских философско-правовых аспектов в парадигму социально-экономического развития России

Introduction. The article examines the social transformation of state-confessional relations, its historical aspect, positive and negative trends of their evolution in the conditions of the formation of modern Russian society. The object of the study was the socio-philosophical aspects of some provisions of the economic model based on the principles of Islam as one of the traditional denominations of the Russian Federation. Theoretical analysis. The theoretical foundations of this issue in the paradigm of classical Muslim thought are given, as well as examples of their application in the modern socio-economic field of Russian regions. The philosophical justifications of the considered models of social relationships are analyzed from the standpoint of Islamic theology. Conclusion. The result of this work is the conclusion that the use of the potential and developments based on the socio-philosophical aspect of Islamic theology can serve as a positive experience of the inclusion of Islamic models in the all-Russian socio-economic field. This vector of development is designed to make progress in the spheres of life of the Russian society. And at the same time, the integration of the denominational aspect into the paradigm of socio-economic development of Russia has a special role to play.

Legal regulation of confessional relations in Kazakhstan

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of state- confessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them.

СМЕНА ПАРАДИГМЫ ГОСУДАРСТВЕННО-КОНФЕССИОНАЛЬНЫХ ОТНОШЕНИЙ В БЕЛАРУСИ В ХХ В.

The article presents an analysis in the transformation of models for state-confessional relations in the Belarusian provinces of the Russian Empire (early 20th century – 1917), in the BSSR (1919–1991), in the Republic of Belarus (1991–2002). The author noted that during the twentieth century there was a transition from the model of the religious state of the period of the Russian Empire to the model of the secular state in the form of hostile separation in the BSSR and the cooperative model in the Republic of Belarus. The process of forming state-confessional relations and their transformation was highly dependent on the socio-political and state situation of the Belarusian lands. That conditioned the determining importance of external factors (political crisis, revolutions of 1905 and 1917, transformation of political systems of the Russian Empire and the USSR) for the paradigm shift of state-confessional relations in Belarus at the beginning of the twentieth century – 1991. At the same time, the formation of a model of state-confessional relations in the Republic of Belarus was predominantly influenced by internal factors – the dominance of traditional religious actors, a high degree of religiosity of the population and the intensification of religious activities, what contributed to the consolidation of the cooperative model, the most valid for the politicalconfessional sphere of Belarusian society.

Государственно-конфессиональные отношения в Республике Беларусь: на пути к идентификационной модели

The article is devoted to the analysis of specifics of the relations development of between the state and religious organizations in the Republic of Belarus. The content of the research suggests identification of main stages of development and conceptual understanding of evolution of stateconfessional relations in the Republic of Belarus. Based on the analysis of legislation of the Republic of Belarus, four stages of evolution of state-confessional relations are identified: the adoption of the Constitution in 1994; the constitutional consolidation in 1996 of the principle of differentiation of the status of traditional religions; the consolidation in 2002 in the profile law preamble of the gradation list of traditional religions according to their significance for the history and culture of the country; the conclusion in 2003 the year of the agreement of the Republic of Belarus with the Belarusian Orthodox Church. A conceptual understanding of the evolution of state-confessional relations in the Republic of Belarus allows us to consider the second, third and fourth stages of this evolution as three stages in the formation of an actual model of relations between the state and religious associations. The author concludes that the Republic of Belarus has made a transition to the identification model of a secular state, in the genetic aspect corresponding to the formula "from secularism to secularity". The results of the research are relevant in the context of search and justification of optimal model parameters of state-confessional relations in Russia.

The role of religious expertise in providing a legal basis for state-confessional relations in the CIS countries

The article examines the role of religious expertise in the regulation of state-confessional relations in the CIS countries with a focus on the experience of Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, Russia and Belarus. The analysis of legislation regulating religious activity and expert interviews allow us to identify both common features and peculiarities of approaches to religious expertise in each of these states. The main focus is on assessing the effectiveness of expertise in the context of combating extremism and radicalisation, as well as its impact on maintaining stability and public order. Key challenges faced by CIS countries in conducting religious expertise are identified, including the need to strike a balance between state control and religious freedom. The article also discusses criticisms of the expertise, including its politicisation and possible infringement of the rights of religious associations. The article concludes with a discussion of the prospects for improving religious expertise, including increased coordination between state bodies and more active participation of independent experts, which could contribute to the strengthening of inter-confessional peace in the region.

Модели государственно-конфессиональных отношений: политико-правовые аспекты

The author notes that since the end of the twentieth century, there has been a process of active «return of religion to politics». The article proposes a classification of models of the political and legal status of religious denominations, based on ensuring the right to freedom of conscience. Special attention is paid to state-confessional relations in the modern world. The optimal algorithm for using the potential of religious denominations to solve the problems of the modern Russian state is proposed.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ ГОСУДАРСТВЕННО-КОНФЕССИОНАЛЬНЫХ ОТНОШЕНИЙ В СОВРЕМЕННОМ КЫРГЫЗСТАНЕ

This article is devoted to the actual problems of legal regulation of state-confessional relations in Kyrgyzstan. The author conducts a historical review of the development of these relations, analyzes the current legislation and identifies the challenges facing modern society. The article offers recommendations for improving the legal situation in this area, taking into account the diversity of religious beliefs in the country. This article is an analysis of modern problems in the field of legal regulation of state-confessional relations in Kyrgyzstan. The author examines the historical context, analyzes the existing legislation and identifies the challenges facing modern society. The article offers practical recommendations for improving the legal situation in this area, taking into account the diversity of religious beliefs in the country. The analysis is based on reliable research and official data. The work is intended to enrich the understanding of the complexity of state-confessional relations and to offer realistic approaches to their improvement in the context of modern Kyrgyzstan.

ПОНЯТИЕ ГОСУДАРСТВЕННО-КОНФЕССИОНАЛЬНЫХ ОТНОШЕНИЙ: СРАВНИТЕЛЬНОЕ ИССЛЕДОВАНИЕ ВЬЕТНАМА И РОССИИ

The article provides an overview of the definition of relations between state and religion in Russia and Vietnam. The views of Russian and Vietnamese scholars have been analyzed, synthesized, and compared. The research results indicate that Russian and Vietnamese scholars have many similarities when defining the concept and choosing terms for this relationship, typically clarifying two components of the relationship – state and religion. At the same time, the definitions preferred by Russian and Vietnamese scholars to be used with the same purpose – to satisfy the requirement of respect for religious diversity in Russia and Vietnam. The term “state-confessional relations”, which is popular in Russia, needs to be used when studying the history of state and law in Vietnam because of its many advantages that the one in Vietnam today (the term “relations between the state and religious organizations”) has not yet possessed.

The System of Ecclesiastical Law Sources of Ukraine

The article is devoted to the determination, systematization, and study of the system of Ecclesiastical Law sources. This is a necessary and primary task for understanding the content of ecclesiastical law and its establishment in the legal system of Ukraine.
 The conducted analysis has given grounds to make up conclusions concerning the formal inequality and the subordination of some sources to others.
 The Constitution provisions contains norms and principles relating to human rights and freedoms, defining Ukraine as a secular state and determine the positive duties of the state in the field of religion. The laws if Ukraine contains the large number of ecclesiastical legal norms regulating various aspects of state-confessional relations. Bylaws specify and detail the provisions of laws. Judicial law-making in the field of ecclesiastical law is manifested through the decisions of the European Court of Human Rights, which in Ukraine are considered the sources of law, through the decisions of the Constitutional Court of Ukraine, which revises laws for compliance with the constitution and fundamental values, as well as the decisions of the Supreme Court, the conclusions of which are binding not only for judicial bodies but also for all subjects of authority, which implement in their activities a legal act containing the relevant legal norm.

Western churches and politics: frontiers of ideologic divergence

The article deals with conflict lines in the interaction of religious institutions and political actors in Europe. Church policy in the West is seen as a practical implementation of the neo-secular approach, which implies a reduction in the role of religious institutions and church elites while remaining religiosity and quasi-religiousness. It is shown that the contradictions of state-confessional relations in Western countries pose both a threat to the value autonomy of religious organizations and an increasing trend towards the instrumentalization of religion in foreign policy. It is shown that attempts of value pressure on traditional church institutions contribute to the formation of a hostile environment that contributes to the strengthening of intra-church contradictions. As a result, religious organizations find themselves in a situation of multiplying ideological divisions and artificially pushed internal competition. The risks of reducing the institutional stability of traditional churches based on the unity of the doctrine and striving for internal unity are increasing. In this regard, the article offers an analysis of possible internal and external reactions of church institutions to the increasing pressure. As possible scenarios, the strengthening of the processes of ideological and regional autonomy and the increase in increasingly open conflicts with secular authorities in a number of countries on topical issues of the political agenda are considered. Under any of the scenarios, it is predicted that the fault line between European countries will strengthen on issues with a strong religious connotation, which may lead to an increase in social tension and deepening of divisions among the electorate in the Western states.

The works of Professor A. S. Smykalin on canon law and state-confessional relations: ad deliberandum.

The object of the study is the state-confessional relations in Russia at the present stage. The subject of the research is state (secular) legal acts regulating the legal status of religious organizations, the norms of canonical (church) law, as well as the works of Professor A. S. Smykalin, in which the scientist explores the stated topics and gives a legal assessment of both public relations in which the state and religious organizations interact, and intra-church legal phenomena (internal the institutions of religious organizations). In preparing the work, the author sought to follow the principles of scientific objectivity and consistency, primarily using the formal legal method in analyzing the norms of secular legislation and the comparative method in comparing secular legislation and canonical (ecclesiastical) law. Since a significant part of the professor's work is interdisciplinary (at the intersection of jurisprudence and history), historical and functional methods of cognition were also used. The scientific novelty of the undertaken research is the theoretical understanding of modern state-confessional relations through the prism of the works of Professor A. S. Smykalin. The reference ad deliberandum ("to reflection") in the title of the article is made in order to formulate the author's opinion on particular issues. The author considered it possible not to limit himself to references to the research results of a prominent scientist, but also to express his own point of view on the phenomena under consideration, focusing on the most problematic points.

Постсекуляризм в современной России: опасности и перспективы

The article is based on the discussion of the concepts of "post-secular so- ciety" and "post-secularism" discussed in the social sciences and the possibility of their use for analyzing the processes taking place in modern Russian society. A number of serious Russian scientists, researchers of religious processes, express objections to the use of the concepts of "post-secular society", "post-secularism", considering the ongo- ing processes to be a continuation of secularization. Analyzing their arguments, the authors come to the conclusion that there is no reason to talk about the existence of a post-secular society in modern Russia. However, post-secularism as a communicative phenomenon with a normative perspective is quite an actual and empirically verifiable concept. Such fixed phenomena as reconfiguration, demarginalization of religion, in- terfaith competition, interfaith cooperation are new forms of public relations that can- not be evaluated as the results of either secularization or desecularization. The emer- gence of postsecular quality of communication creates conditions for the establishment of fundamentally new forms of relations between various ideological groups, as well as for the transformation of state-confessional relations. The formation of post-secular public relations creates both dangers and new prospects. The dangers are connected with the contradictions arising in connection with the return of religion to the public environment. Thus, the reconfiguration may threaten the clericalization of public life. At the same time, the demarginalization of religion is a condition for public dialogue between representatives of different ideological positions.