Sources of the legal framework on religion in the armed forces of the Republic of Bulgarian 1995-2010
For the sources of the legal framework on religion in the armed forces of the Republic of Bulgarian 1995-2010
The legal framework on religion and religious communities of each country consists of multiple and diverse provisions of various legal sectors, because faith, as the essence of the earthly life of the believer and as part of the public being affected multiple, even more accurately, all social spheres. Servicemen, all people and all entities have the same, not to say more, need to seek answers to questions about belief in God. The extent of this professional community is given the opportunity to satisfy your needs, veroizpovednite is a question that is at his core a complex. On the one hand, due to the content of the professional obligations of the voennoslužeŝiâ, and on the other because of historical-sociological factors marked our time in Bulgarian. At first glance it seems that the modern Bulgarian lawmaker draws attention to the availability of religiosity at servicemen-a fact that about two decades ago would hardly have been thinking. Another question is whether these legislative solutions are acceptable to believers servicemen, mostly from the point of view of compliance with constitutional and international legal norms.
The old law on defence and the armed forces of the Republic of Bulgarian (= ZOVSRB), which was promulgated in SG. PCs. 112 of 27 December 1995, entered into force of 28.02.1996 was repealed by the provisions of § 2, paragraph 1 of the transitional and final provisions (= TFP) of the new ZOVSRB, which has been in force since 1993, contained 12.05.2009 following legal texts having a direct relation to religion and religious communities:
Art. 195, para. five Servicemen may not be required in connection with the loan or the performance of the Office to declare their political, religious or ideological beliefs.
Art. 196, para. 1 Servicemen can profess religious beliefs and to carry out religious rituals outside the areas of military units and objects.
Al. Two Servicemen may refuse the performance of his duties for religious reasons or to carry out religious or atheistic propaganda when you perform the duties of Office.
Al. 3 do not allow the establishment of religious associations in military units and objects.
In the new ZOVSRB, promulgated in SG. PCs. 35 of 12 May 2009, in force from 12.05.2009 (d) and last amended by OG. No. 16 of 26 February 2010 are several provisions relating directly to veroizpovednata subjects related to servicemen’s life:
Art. 179, para. 4 the commanders and chiefs are required to respect the rights, to protect the honor and dignity of his subordinates, to care for them and to require them in good faith, accurate and on time to perform their duties.
Art. 182, para. (3) (Suppl., SG 16 2010, in force from 26.02.2010) the Servicemen could not participate in the meetings, rallies and demonstrations of political parties, movements or coalitions with political purposes, when you wear a military uniform.
Al. four Servicemen cannot be obliged to declare their political, religious or ideological beliefs in connection with the loan or the performance of the Office.
Art. 183. Al. (1) (Suppl., SG 16 2010, in force from 26.02.2010) the Servicemen could not refuse the performance of his duties at religious, atheistic, political and ideological motives or to carry out religious or atheistic propaganda when you perform the duties of Office.
2. (Suppl., SG 16 2010, in force as of Feb. 26th 2010) not allow the creation of religious, atheistic, political and ideological communities in military units and objects.
In conclusion, one could summarize the provisions of the new ZOVSRB, which refer to the religious themes are in no small part from the old recipirani. The main difference in principle among the new productions is the dropping of the regulation art. 196, para. 1 from the old ZOVSRB, namely that servicemen can profess religious beliefs and to carry out religious rituals outside the areas of military units and objects. At the addressees of the legal norm builds the impression that emphasis has been placed on prevention of creating religious atheistic etc. communities in military units. In fact this legal situation is also in the old framework at ZOVSRB since 1995 and is not new. As final conclusion one could conclude that, in this framework, the ZOVSRB de religion in form may find a place solely within the framework of the so-called. forum internum of the faithful-it is at the level of individual mental process. This is the place in which the State legislature de facto there is no ability to regulate anything. In the abovementioned legal framework-to talk about the dušeobgrižvaŝa function or a social role or function of the representatives of the religious communities could have bordered with protivopravna activity on POS