Legal framework for religious activity in post-Soviet Kazakhstan: from liberal to prohibitive approaches

IF 0.4 Q3 LAW

Oxford Journal of Law and Religion Pub Date : 2020-02-01 DOI:10.1093/ojlr/rwaa004

R. Podoprigora

引用次数: 0

Abstract

Religious activity is a very sensitive area of government regulation in Kazakhstan. After some post-soviet years of liberalization, the government has decided to return to soviet-style relations with a large amount of attention on the control and supervision of religious areas. The Law ‘On Religious Activity and Religious Associations’ adopted in 2011 was the result of such a decision. This article analyses the legal framework for religious activity, the model of relations between state and religious associations in modern Kazakhstan, the public attitude towards regulation in the religious field, the legal and social consequences of the adoption of current law, as well as the problems of its implementation and the government’s administration of religious activity in Kazakhstan. The author reaches the conclusion that more liberal legislation and law-enforcement practice is unlikely without changes in the political system, the public attitude towards religion and views on secularity.

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后苏联时期哈萨克斯坦宗教活动的法律框架:从自由到禁止

在哈萨克斯坦，宗教活动是政府监管的一个非常敏感的领域。经过苏联解体后几年的自由化，政府决定恢复苏联式的关系，将大量注意力放在对宗教领域的控制和监督上。2011年通过的《宗教活动和宗教社团法》就是根据这一决定制定的。本文分析了现代哈萨克斯坦宗教活动的法律框架、国家与宗教团体的关系模式、公众对宗教领域监管的态度、现行法律实施的法律和社会后果，以及法律实施中存在的问题和政府对宗教活动的管理。作者得出结论，如果不改变政治制度、公众对宗教的态度和对世俗的看法，更自由的立法和执法实践是不可能的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Oxford Journal of Law and Religion LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.