斯堪的纳维亚国家执法机构在现代条件下确保良心和宗教自由的问题:公法方面

Dmitry Olegovich Usanov
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摘要

该条论述了斯堪的纳维亚国家在信仰自由和宗教自由领域对关系进行法律规制的问题。讨论这一专题的原因是,2023年在丹麦和瑞典发生的关于焚烧《可兰经》的公开行动表明,北欧国家的执法机构和民间社会无力防止对公共秩序的破坏,以及对个人基本权利和自由的侵犯。研究的对象是丹麦王国和瑞典王国规范宗教领域关系的立法和执法实践。本文基于最新的实证数据和研究成果,其中大部分尚未翻译成俄文。根据对斯堪的纳维亚国家现行立法的分析,得出的结论是,公法规范不符合宗教领域公共关系的水平和性质。纳入斯堪的纳维亚国家国内立法的国际法和欧洲法准则也是无效的。另一个障碍是承认每个人都有自由表达意见和思想的权利的社会传统。为了防止宗教领域公开极端主义性质的公共事件,有必要使斯堪的纳维亚国家的相关立法现代化。至少,有必要扩大执法机构的权力,以禁止威胁北欧国家国家利益的此类事件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The problem of ensuring freedom of conscience and religion by law enforcement agencies of Scandinavian countries in modern conditions: public law aspect
The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.
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