167 research outputs found

    Legal and Social Status of the Georgian Orthodox Church: Challenges and Perspectives

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    This article aims to overview the Georgian Orthodox Church’s role and status in modern Georgia. The Author in the paper aims to analyze basic problems and challenges, which Georgian society and state have regarding the Church and religious entities, also, to create some practical recommendations for better regulation of this issue in the future.  Celem artykułu jest przedstawienie znaczenia i statusu Gruzińskiego Kościoła Prawosławnego we współczesnej Gruzji. Autor ma na celu przeanalizowanie podstawowych problemów i wyzwań społeczeństwa gruzińskiego i państwa względem Kościoła i podmiotów religijnych, a także sformułowanie kilku praktycznych wskazówek celem lepszych regulacji dotyczących tej kwestii w przyszłości

    Church-State Relations in Georgia: Legal Frames and General Overview

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    This paper concerns the relations between the Church and the state in Georgia. The author indicates the system of these relations. He analyzes the constitutional foundations of religious freedom in Georgia and legal status of religious organizations. In particular, he analyzes the regulations concerning the Georgian Orthodox Church in the context of tax exemptions, privileges and compensation.Artykuł dotyczy relacji między Kościołem i państwem w Gruzji. Autor wskazuje system tych relacji. Analizuje konstytucyjne podstawy wolności religijnej w Gruzji oraz status prawny organizacji religijnych. W szczególności analizuje unormowania dotyczące gruzińskiego Kościoła prawosławnego w kontekście ulg podatkowych, przywilejów i kwestii odszkodowawczych

    Church-State Relations in the Democratic Republic of Georgia (1918-1921)

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    Democratic Republic of Georgia (1918-1921) was one of the unique states in the first quarter of XX century. Despite the historical relations between the Church and the State in Georgia, the social-democratic government changed its official policy and chose French secularism, which was very unusual for the country. This was incorporated in the Constitution of 1921. This article is about the Georgian church-state relations during 1918-1921, the positive and negative aspects of the chosen form of secularism and the challenges that the newly independent State faced in the sphere of religious freedom until the Soviet occupation

    The 2003 draft Agreement between the Holy See and Georgia and future prospects for cooperation

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    In 2002, Georgia and the Georgian Apostolic Autocephalic Orthodox Church signed the Constitutional Agreement, which established a new legal model of the state–church relationship. After this event, Georgia and the Holy See drafted a special agreement that was supposed to be signed in September 2003. It was intended to give legal guarantees to the Catholic Church and Catholic believers. Vatican Secretary for Relations with States Jean-Louis Pierre Tauran arrived in Georgia on 18 September to sign the agreement, but at the last minute, the president of Georgia decided not to finalise the process. This draft was not known to society, and even researchers did not have access to the text. This article overviews that document and tries to analyse the perspectives of a future agreement between Georgia and the Holy See

    State Funding of Religious Organizations in Georgia

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    This article aims to analyze the existing model of state funding of religious organizations in Georgia, taking into account its assumptions and nature and focusing on the problem of the preferential treatment of some religious organizations (especially the Georgian Orthodox Church). First, the key assumptions of funding religious organizations from public sources in Georgia are presented. Then, the article discusses the relevant case law of the Constitutional Court of Georgia. Finally, the challenges of the current model are identified, and some suggestions for the desirable changes in the system are made accordingly. It is argued that the future solutions in this area should respect the principle of secular state. The article concludes by indicating some possible European models that could be followed by the Georgian legislator

    25 Years in the Search of Legitimacy: Constitution of Georgia in Action

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    Constitution of Georgia has 25 years of history but still needs more legitimacy from the people. The problem began from the drafting the basic law and continued with many unnecessary constitutional reforms. Constitution of Georgia now has the same challenge: to deal with the horrors of the past and play the function of social integration, which is so important to unite the nation.</jats:p

    Changing constitutional identity: Constitutional reform and new concept of human rights in Georgia

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    Constitutional reform of 2017 – 2018 amended the whole text of Georgian basic law, including the 2nd chapter – Basic Human Rights. Many articles and human rights were displaced to other chapters as general principles, some new and postmodern rights were added to the text. These changes are not only ordinary amendments; they make constitutional court and other state organs to realize their duties, and individuals to find new ways of protection of their rights. New constitutional regulation raises new forms and meanings, but this novation includes risks and perils, that should be discussed and analysed not only in the light of national constitutional law, but also in comparative and international context. This article describes main directions of amendments in the chapter on human rights and analyses perspectives, positive and negative aspects of them

    ქორწინების "კონსტიტუციონალიზაცია" საქართველოში

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    Marriage is the central institution of family law, which includes functional, psychological, political, and often religious content. At its core, it is one of the oldest pre-state, moreover, pre-judicial social formations, which has a great deal of content and with which the state's special caution is due, as unintended interference with personal liberty and privacy can have very serious and critical consequences. Given its social status and importance, given that it is a legal institution, marriage can be seen as a combination of economic or legal "rights, benefits and obligations."ქორწინება საოჯახო სამართლის ამოსავალი, ცენტრალური ინსტიტუტია, რო-მელიც ფუნქციურ, ფსიქოლოგიურ, პოლიტიკურ და ხშირად რელიგიურ შინაარსს მოიცავს. თავისი არსით, იგი ერთ-ერთი უძველესი წინარესახელმწიფოებრივი, უფრო მეტიც, წინარესამართლებრივი სოციალური წარმონაქმნია, რომელიც უდი-დეს შინაარსს ატარებს და რომელთან მიმართებითაც სახელმწიფოს გამორჩეული სიფრთხილე მართებს, ვინაიდან პიროვნულ თავისუფლებასა და პირად სივრცეში უმიზნო ჩარევამ შესაძლოა ძალზე მწვავე და კრიტიკული შედეგები გამოიწვიოს. სწორედ სოციალური სტატუსისა და მნიშვნელობიდან გამომდინარე, იმის გათვა-ლისწინებით, რომ იგი სამართლებრივი ინსტიტუტიცაა, ქორწინება შეიძლება მიჩნე-ულ იქნეს ეკონომიკური თუ სამართლებრივი „უფლებების, სარგებლისა და ვალდე-ბულებების“ ერთობლიობად
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