POLSKIE  TOWARZYSTWO
PRAWA  WYZNANIOWEGO


Al. Racławickie 14 p. 701;  20-950 Lublin;
KRS 0000311635    NIP 7123136491    REGON 060396971
Bank Zachodni WBK   94 1500 1520 1215 2007 7670 0000

PTPW

Streszczenia artykułów z tomu 9 PPW

 

Mirosław Karpiuk

OGRANICZENIE WOLNOŚCI UZEWNĘTRZNIANIA WYZNANIA ZE WZGLĘDU NA BEZPIECZEŃSTWO PAŃSTWA I PORZĄDEK PUBLICZNY

LIMITING FREEDOM TO MANIFEST RELIGION DUE TO THE NEED OF ENSURING NATIONAL SECURITY AND PUBLIC ORDER

One of the features of a democratic state ruled by law is to establish and protect the rights and freedoms of people and citizens. Fundamentally, they should be specified in a legal act of the highest order; in Poland, this function is performed by the Constitution. Under special circumstances, these freedoms and rights can be restricted, but only after meeting special requirements. Restrictions in the field of executing constitutional freedoms and rights may be imposed only by an act, and only if they are necessary for the protection of certain values, such as national security or public order. What is limited in case of the freedom of religion is the entitlement to manifest denomination. This limitation will be legal only when imposed by an act; when it produces effects intended by the legislator; when it is proportional (the effects to be achieved are not to cause too much of discomfort to citizens); when it is necessary – otherwise you cannot achieve the planned objectives; and when welfare clearly indicated in the Constitution of Poland is to be protected (including national security, or public order).

Keywords: freedom of religion, religion, national security, public order

 

Maciej Mikuła

PRZEDMIOT OCHRONY W PRZESTĘPSTWACH „PRZECIW RELIGII” W II RZECZYPOSPOLITEJ

OBJECT OF PROTECTION IN CRIMES „AGAINST RELIGION” IN THE SECOND REPUBLIC OF POLAND

Crimes against religion were penalized in the penal codes of Austria (1852), Germany (1871) and Russia (1903). These codes remained in force in the territories which became parts of the Second Republic of Poland after 1918. The subject of the protection of religion was supported as a social phenomenon. In the Austrian and Russian codes, selected Christian religions were granted special protection. Reasons for the penalization of indictable offences against religion were various, e.g. the moral value of religion, as well as the roles of religion played as a guarantor of social stability and as a source of support for the government. Apart from the aforementioned reasons, the German penal code apportioned criminal responsibility for any negative emotions of other persons, caused by offence to their religious feelings. From 1932 the Polish penal code, in the chapter dedicated to the protection of religious feelings, emphasized the protection of individual religious feelings. The idea of the protection of religion was not rejected, but the justification for it was changed – religion was protected in penal law, because it was an important sphere for individuals. Therefore, it can be said that the regulation in the Polish code of 1932 was the direct opposite of the codes of the 19th Century, where the protection of individual religious feelings was only a derivative function of the protection of a religion. The issue of a protected value in so-called religious crimes was not popular in Polish jurisprudence in the interwar period. The exception was the Supreme Court decision of 26th March1925. It included an innovative interpretation of the Russian penal code, according to which the protection of individual religious feelings should be the first priority of the penal law. It can be said that this issue was too subtle and detailed, and therefore courts of the first and second instances did not analyze it.

Key words: penal law, religious feelings, religious freedom, blasphemy, crime, interwar period, Second Republic of Poland, Austria, Germany, Russia

 

Michał Ożóg

USTANAWIANIE OSÓB ŚWIĘTYCH LUB BŁOGOSŁAWIONYCH KOŚCIOŁA KATOLICKIEGO PATRONAMI JEDNOSTEK SAMORZĄDU TERYTORIALNEGO W ŚWIETLE PRAWA POLSKIEGO

ESTABLISHING THE ROMAN CATHOLIC SAINT OR BLESSED PERSONS AS PATRONS OF LOCAL COMMUNITIES IN THE POLISH LEGAL SYSTEM

The article discusses the legal basis for establishing a saint patron of a Polish administra­tive unit, such as gmina (commune), powiat (district), or województwo (province). The author presents both constitutional and statutory legal provisions that can be regarded as a formal ground for passing such resolutions. The argument is organised in separate paragraphs which discuss such issues as the relation between the local authorities’ resolution and the decree passed by the Congregation for Divine Worship and the Discipline of the Sacraments, approving such decision. The author also touches upon the subject of the legal status of an individual person in the light of the resolutions to establish a saint patron of a given community.

Keywords: saint, blessed, patron, gmina (commune), powiat (district), województwo (province)

 

Małgorzata Tomkiewicz

OCHRONA WOLNOŚCI WYZNANIA A STOSOWANIE KONTROLI OPERACYJNEJ W POLSCE

PROTECTION OF FREEDOM OF RELIGION AND APPLICATION OF OPERATIONAL CONTROL IN POLAND

Freedom of religion is a human right understood as the possibility to demand that others will not interfere with an individual’s religious activities. It is a specific kind of freedom as it concerns religious and ideological activities, which are significantly different formal other forms of human activities. By exercising this freedom, a person may require others to respect it. He or she may also demand that their religious af­filiation is kept secret and that the confidential nature of religious practices in which they take part is respected. The article concerns the issue of applying operational control within the context of the seal of the confessional. It is an attempt to answer the following question: Do undisclosed forms of invigilation violate the freedom of religion? To what extent a state may interfere with the privacy concerning religious practices, and does the Republic of Poland’s law on operational control protect this kind of freedom sufficiently?

Keywords: religious practices, penance, seal of the confessional, freedom of religion, tapping, invigilation, operational control, confidentiality of communications.

 

Edyta Włodarczyk

REGULACJA SPRAW MAJĄTKOWYCH KOŚCIOŁA EWANGELICKO-AUGSBURSKIEGO NA TERENIE ŚLĄSKA OPOLSKIEGO PO II WOJNIE ŚWIATOWEJ

THE REGULATION OF PROPERTY MATTERS OF THE EVANGELICAL-AUGSBURG CHURCH IN THE REGION OF OPOLIAN SILESIA AFTER THE II WORLD WAR

The present article treats about the settlement of property matters of the Evangelical-Augsburg Church in the region of Opolian Silesia as an example to illustrate the change of the state policy concerning churches and religious denominations in Poland. The time scope concerns the period from the end of the II World War in 1945 to the year 1971, when the Statute of 23 June 1971 on the takeover by legal persons of the Roman Catholic Church and other denominations of ownership of some properties on the Western and Northern Lands entered into force. After the war, as a result of shift­ing borders, the state policy and population migration all Lutheran and Evangelical United Churches, which operated in the II Republic of Poland, ceased to exist. The Evangelical-Augsburg Church was the only Lutheran Church which was tolerated by the then State authorities. During the early post-war years all Lutheran and Evangelical United Churches operating before the war were incorporated by the authorities into the Evangelical-Augsburg Church, whereby this process ran in two phases and was characterised by the marginalization of this Church and depriving it of the ownership rights concerning the property of Churches having been incorporated into its structure. In the present article the author makes an analysis of the law provisions in force in those times and an analysis of documents available in the State Archives in Opole as well as the literature on the subject matter in order to show that the changes in the State policy on the regulation of the property matters of the Evangelical-Augsburg Church in the Opolian Silesia after II World War were aimed at the progressive deprivation of its property not only by the implementation of new legal regulations but also by the reinterpretation of the already existed ones.

Keywords: church property, Evangelical-Augsburg Church, recovered lands, regulation of property matters

  

Tadeusz J. Zieliński

ASYGNATA PODATKOWA NA ZWIĄZKI WYZNANIOWE – UWAGI O PROJEKCIE USTAWY PRZYGOTOWANYM PRZEZ ADMINISTRACJĘ RZĄDOWĄ W 2013 R.

TAX WRITE-OFF FOR RELIGIOUS DENOMINATIONS – OBSERVATIONS ON THE DRAFT LAW PREPARED BY GOVERNMENTAL ADMINISTRATION IN 2013

Churches and other religious denominations in Poland, which received legal regula­tion are entitled to various forms of state financial support. One of the main sources of such support is the so called Church Fund (Fundusz Kościelny), established in 1950 by the Communist Government. CF is used first of all to subsidize social insurance of the clergy. In 2013 the coalition government of Platforma Obywatelska (Civil Platform) and Polskie Stronnictwo Ludowe (Polish People’s Party) prepared a draft law introducing the new system of state financial support for religious denominations. It was based on the concept of the tax write-off, which could be voluntarily directed towards one of religious communities by an every payer of income tax. The projected model is designed to supersede the Church Fund system. Although the draft law had not been submitted to the parliament of Poland and perspectives of its enactment are rather weak, it deserves a critical analysis that is of­fered in the present article.

Keywords: finances of religious denominations, freedom of conscience and religion, state-church law in Poland, state funding for religious purposes

 

Józef Koredczuk

RÓWNOUPRAWNIENIE KOŚCIOŁÓW I ZWIĄZKÓW RELIGIJNYCH WEDŁUG KONSTYTUCJI RZECZYPOSPOLITEJ POLSKIEJ Z 1921 ROKU

THE GRANTING OF EQUAL RIGHTS TO CHURCHES AND RELIGIOUS COMMUNITIES IN THE CONSTITUTION REPUBLIC OF POLAND FROM 1921

In the introduction, the author discusses the issue of granting equal rights to Churches and religious communities as provided for in the Constitution Republic of Poland from 1921. After a brief historical account, the author recounts in detail the works on the provisions of the draft of the constitution, which regarded the legal status of churches and religious communities. Art. 114, which considered the status of the Roman Catholic denomination, and Art. 115, which considered the status of other churches and religious communities, were of greatest significance in this respect. The solutions included in the Constitution provided for equality of rights of the Catholic Church under substantive law on a parity basis. All other churches and religious communities were granted formal and legal equality of rights based on their legal status. Despite its controversial nature, the granting of equal rights to churches and religious com­munities for the first time in the March Constitution was an indeed significant stage in the history of State-Church relations in Poland.

Keywords: The Second Polish Republic, the March Constitution, the Catholic Church, principle of equality, religious communities.

 

Jerzy Nikołajew

RÓWNOUPRAWNIENIE ORGANIZACJI RELIGIJNYCH NA UKRAINIE. DEKLARACJA CZY RZECZYWISTOŚĆ?

EQUALITY OF RELIGIOUS ORGANIZATIONS IN UKRAINE. DECLARATION OR REALITY?

The Ukrainian constitutional order does not provide directly for the equality of churches (religious organizations). Instead, the legislator proposed a solution involving the equality of social organizations (as the religious organizations are recognized) and equal i.e. non-discriminatory treatment of its citizens, and further withdrew from the systemic regulation of the relations between the state and religious organizations. In practice, the actual situation of individual religious entities varies. This article presents only some of the areas of activity of the Ukrainian state, indicating the breach of equal treatment of entities, whose position should be equal in official terms. These include the rights of foreign clergy, the rights of foreigners and stateless persons, the right to alternative military service, the right to manifest religion by a specific outfit, the right to religious dietary practices, and the property rights of religious organizations.

Keywords: equality, Ukrainian religious organizations, manifestation of religious beliefs.

 

Michał Poniatowski

ZASADA RÓWNOUPRAWNIENIA ZWIĄZKÓW WYZNANIOWYCH W KONTEKŚCIE ICH DZIAŁALNOŚCI CHARYTATYWNO-OPIEKUŃCZEJ

THE PRINCIPLE OF EQUALITY RELIGIOUS COMMUNITIES IN THE CONTEXT OF THEIR CHARITABLE ACTIVITIES

In the present article were presented an overview and analysis of the polish legislation on charitable activities carried out by religious communities. First were presented the basics of equality of religious communities and freedom to pursue charitable activities. In this context, were presented specific aspects relating to: types of enti­ties conducting charitable activities, the frame and funds of this activities, the fee for perpetual usufruct, the relief from customs duties, tax issues, the rules of rebounds, foundations and the transfer of the property. At the end of the article were presented the most important conclusions.

Keywords: non-governmental organizations, charity, equality of religious associations, religious freedom, the Church and the State

  

Mieczysław Różański

ZASADA RÓWNOUPRAWNIENIA KOŚCIOŁÓW I INNYCH ZWIĄZKÓW WYZNANIOWYCH W PROWADZENIU ARCHIWÓW KOŚCIELNYCH. ZARYS PROBLEMATYKI

THE PRINCIPLE OF EQUALITY OF CHURCHES AND OTHER RELIGIOUS ORGANIZATIONS IN THE CONDUCT OF CHURCH ARCHIVES. OUTLINE OF THE PROBLEM

Art. 25 p. 1 of the Constitution of the Republic of Poland from 1997 introduced the rule of churches and religious associations equality. This rule corresponds to their cooperation in the sphere of culture. The current law on the national archive resources and archives enables them to maintain own historical archives. The same regulations were defined in the bilateral agreements between the country and churches after 1989. It points on the possibility of maintaining archives aligned with the current law.

 

Dariusz Walencik

REGULACJA SPRAW MAJĄTKOWYCH ZWIĄZKÓW WYZNANIOWYCH REALIZACJĄ ZASADY ICH RÓWNOUPRAWNIENIA?

DOES THE REGULATION OF THE FINANCIAL AFFAIRS OF RELIGIOUS ORGANIZATIONS COMPLY WITH THE RULE OF EQUALITY?

The aim of the article was to answer the question whether the regulation of the financial affairs of religious organizations complies with the rule of their equality expressed in Article 25 Section 1 of the Constitution of the Republic of Poland. As a result of the analysis of the legal regulations of denominational law presented in the paper it is necessary to make objections to the disagreement between the present legal solutions and the rule of equality of churches (Article 25 Section 1 of the Constitution), as well as the rule of the equal treatment of legal subjects (Article 32 of the Constitution). Furthermore, when it comes to the procedural solutions used during the revindication of real properties belonging to religious organizations, these rules have never been fully applied in denominational legal acts. De lege lata, the legislator consistently granted property rights to all religious legal persons, following the rule of status quo. Only the regulations of Article 60 Section 6 of the act concerning the relations between the state and the Catholic Church and Article 35 Section 3 of the act concerning the relations between the state and the Methodist Church raise reservations. According to these regulations it is possible to make a complaint that a voivode denied to issue a decision 2 years after the commencement of an administrative procedure. On the other hand, regulatory proceedings take place in different procedures: unfinished cases concerning people of the Catholic Church in civil procedure in the common court of law, and in cases concerning other religious organizations heard by regulatory commissions and alternatively the administrative court. In cases when the adjudication panel of the Property Commission made a ruling, which was questioned by the administrative court, the problem is lack of any legal regulations. When it comes to the possibility of bequeathing agricultural real properties to legal persons of religious organizations in the Regained Territories, there is no terminus ad quem for submitting applications by legal persons of the Catholic Church, while at the same time additional restrictions have been introduced (the consent of the CEO of the Agricultural Property Agency), and the number of subjects authorized to bequeath real properties has been limited (only voivodes), while local authorities have been omitted in the area of their competence. Moreover, another problem is that in 2004 a possibility to submit new revindication applications in the course of transforming an administrative procedure into a regula­tory proceeding was opened for legal persons from the Polish Autocephalous Orthodox Church, the Polish Reformed Church, and the Baptist Church.

Keywords: religious organizations, denominational law, equality, regulation of financial affairs, real property.