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"All let done decently and thoroughly» because
«God is God of not disorder, but world»
(1 Kor. 14,40,33)
This testament of Sainted Peter can be executed only thanking a hierarchy marks in the doctoral dissertation - «ISTORIKO-YURIDICHNIY DEVELOPMENT of DECISIONS of DECISIONS of KOBRINSKOGO (in 1626) ZAMOYSKOGO (in 1720) AND LVOV (in 1891) SYNODS AS SOURCES of PARTIKULYARNOGO RIGHT for KKSC» (in 2006) Mitroforniy protopresviter father Ivan Michael Lutskiy [1, p.72].
Indeed it was much given to Humanity, very much (!). Only sincere, working above the intellectual and spiritual development Christians can have imagination about that Large Purpose, which stands before all of us and which will be opened out in the future before our descendants in this harmonious and very perfect World. In the World, which we all cognize and surprised his complication and boundlessness of those possibilities which unfolded before everybody.
But on what principles to create this WORLD and overcome disorder ?
This question became before Humanity in all of ages and on all of the critical stages of development (it not so much indeed there were critical times, skil'ki then a human idea worked most actively and purposefully, due to the accumulated intellectually spiritual labour).
We are society scientists only begin to speak to scientific properties of theologies and doctors of canonical right after the First World Congress of Spiritual Consent in Alma-Ata in 1992, when count Arnold background of Keyserling from Germany already before all of present scientists and spiritual figures of the World, and there were representatives all to eight widespread confessions, specified on the necessary synthesis of knowledges of scientists of world confessions and knowledges of figures of society science, speaking that «we can start making that nobody and never did» [2, c.65]. And we all, by then representatives of academic economic science, these Great theses of the scientist known in the whole World perceived very deeply. Interestingly, that on the necessity of increase of responsibility of science before Humanity and introduction of international control after psi- researches twice an academician V.P specified on this Forum. Kaznacheev [3, c.150], which was wished almost all of oversea journalists listened (he the first experimentally led to existence of Field of forms of co-operation of living fabrics in 50th, and then conducted in this direction research with specialists on Spain and other countries). But to 1992 his last name did not know wide public and he had not many appearances on international scientific conferences and forums (mainly drawn on the results of his researches the specialists of defensive complex the USSR). But the World quickly changed and changes.
Therefore this synthesis already indeed needs modern civilization. Almost 18 years passed, and fundamental scientific labours for by a theoretical question so of necessary for the managers of entire post- industrial's countries of the World so almost and it is not printed in East Europe. And why ?
And because put on the brakes imperious structures in countries with a transitional economy methodological searches of research workers. No - it was not printed Decrees or other normative acts about prohibition to carry out scientific searches, - used other ways. Yes, due to the guided mass medias created such atmosphere, that methodology in academic institutes became nobody interesting. The translations of oversea labours or roughing-out of statistical information with conclusions at the level of abstracts were printed all of professional magazines, and the very liquid methodological articles sank in this ocean of labours of beginners in science (these mainly devoid of principles or ideals labours arranged all, they did not have needed not what changes from anybody).
Therefore, when we began to search scientific labours of the last years in which the matter of absolute law and his influence would light up on a current legislation, that it is possible it was to feel law-creation processes in European Union, we appealed not to society legal science, but to the specialists of canonical right, which however succeeded to be found in Ukraine (!).
And it was grounded, because already in 1320-1380 Dzh. Wiklef considered it necessary as possible quick to go back to legal principles of Old (Vetkhogo) and New Testaments. Then the christian scientists of Rome understood well, that substituting for a legiakciynogo process (dvostupenevogo consideration of businesses) simplified formulyarnim (realization of per leges substitutionally realization of per formulas), when a plaintiff and defendant does not pronounce the judicially set phrases, but try simplified to expound business essence, getting from a praetor a message for a judge, it was related to growth of sizes of the state and complication to adhere to the high-moral's norms in the legal proceeding at growth of amount of businesses which needed exigent consideration (!). Step by step and from a legiakciynogo process departed in Rome, although yet Ebuciy, which assumed a formulyarniy process at will of «workings» (it does remind nothing you ?), main considered however - legiakciyniy. But to many needed was already on a volume levels of development of society the guided judicial procedure. Therefore in Rome after Avgusta finally set in place of legiakciynogo process formulyarniy. Dynamism of development of society is provided, but society growingly the main loses are the most important essence moments of right, when at the beginning of development of opposition a plaintiff and defendant must were make an attempt find forces for reconciliation and decline of public tension. We presently are not flustered by questions which flustered Graciana in 1150 r.: there are wars by a sin, or not; that it is possible to name just war; it is possible to utillize military force, to help allies for stopping of unfair actions, or not; it is possible to operate from revenge, or not; it is possible to carry out violence in relation to heretics, or not; it is possible to engage property of heretics in a church, or not; in military operations can take part prelates and persons of the spiritual state in general - on the personal will or in order of the Apostolic throne or emperor, or not (Gentiii A. De Jure Belli. Libri Tres - Oxford, 1993 - 16, 86, 93, 53, 56, 131). It the Christian World in ХІІ age was flustered by the moral aspects of war and scientists came to the conclusion, that Sainted Letter simply against war and in obedience to him war is impermissible ! (Decree of Graciana, in 1150 yr).
In our East Europe soldiery doctrines appear in 2010 which in general establish possibility and justify beginning of military operations with application first nuclear weapon (!). Someone can considers that it only intimidation, but it induces many people uncertainly to look forward, it defames moral principles of humanity in general. Therefore to appeal to principles of absolute law and canonical right, see them general interpretation of major questions of legal relations, especially, in the conditions of the speed-up forming of right for European Union - it that indeed it needs modern lawyers in Ukraine and in East Europe. It is needed to cool the heads of vtrachayuchikh good sense of politicos, which nothing wish to do, but wish only to blackmail the World.
And that a lot of legal questions which go out after between partikulyarnogo right and reflected in operating to modern legal the fields of Ukraine, is considered in doctoral dissertation on the receipt of scientific degree of doctor of east canonical right in 2006 gives a hope on the acceleration of understanding in Ukraine of that large labour which is executed by the countries of Europe, building the common law of the Christian World of Europe.
All, who a not acquaintance with the canons of Catholic Church (KKSC) will stagger Kan. 39 - it «Follows conscientiously to keep and support the ceremonies of east Churches as inheritance of all of Christ’s Church, that tradition which originates from Apostles through Otciv is reflected in which, and which asserts divine unity of catholic faith and its variety.» And father Ivan Lutskiy explains (pp. 36-37): «Kan. 39 reminisces duty of east Catholics to keep and support an own ceremony. Speech does not go in this canon only about a static observance and maintainance of ceremonial inheritance. Studying a depth essences of this inheritance, faithful must and to the dynamics of everyday life and liturgy practice to testify to the observance and maintainance of the ceremony. This duty is caused a that circumstance, that different ceremonies of east Catholic Churches are the antiquity respected not only, but an inheritance which the faithful got through Otciv of Church yet from apostolic times shows up distinctly for them, and this inheritance makes inalienable part of divine nasliddya of whole Christ’s Church. The Lvov synod fully supports such requirements to faithful in relation to a ceremony and gives very important assertion «that heterogeneity of ceremonies not only not pereshkodzhue, but to the increase of beauty and grandeur of Church yet as pretends to be most» (Decision of LS, roz. ІУ, 2, p.109). East Catholic Churches are called, keeping the nasliddya, to do own unique payment, that «they prokvitali and with new apostolic force executed an incumbent itself mission» (Cathedral of Vatican’s ІІ (1962-1965) Por.: konst. «Orientalium Ecclesiarum», 1, str. 171). And farther o.I.m.luckiy does such conclusion: «Requirement of kan.39 and proper decision of LS (Lvov synod) coincide fully. It can be explained that a maintainance and observance of ceremony of Church of the right for a hierarchy was an always dolenosnim question. In aspiring to the maintainance of liturgy and spiritual inheritance a hierarchy met understanding of church sovereignty.» And indeed in konst. «Amanissimus of hamani generis» (Give on Piy EX), on April, 8 in 1862 it is writtenin: «Unity of catholic Church all nothing protivit'sya mnogolika heterogeneity of sainted and legalized ceremonies, moreover, most it pretends to be to the increase of dignity, grandeur, beauty and brilliance of Church» (in: Iuris Pontificii de propaganda fide, eh Typographia of polyglota, Romae, MOCCCXCIY, Vol.YI, par. 2 368 /translated father I.M. Luckiy).
Thus in a canonical right Christian Churches during millenniums keeps the variety of spiritual inheritance. But how is a cultural variety saved in modern Europe ? Integration must a bit too much destroy, as it was realized in the USSR for 70 years. No, nothing of the kind takes a place. Yes, for example, the constitutional charter of EU Agreement is, at first, about creation of the European association of coal and steel from April, 18 in 1951, and also Agreements about creation of the European economic association and European association from atomic energy from March, 25 of 1957r., and also the Unique European act in 1986 and agreements about included in Union of the new states of members. And what is the second ? But not has «in the second» ! All of this agreements create an original right ! Does not have in the «European right» the second positions and by the guarantor of account of interests all and even small ethnic minorities there is an increase of role of European Parliament, from one side, and to Court of European Union - from the second.
It is impossible not to understand that the architects of the European house go out from the deep understanding ethnically - social features, and also bases of absolute and canonical law. It is otherwise impossible to explain that inequality for blessing of small countries, which takes a place at the choice of deputies in European Parliament. Yes, from to Luxemburg is one deputy from 62 thousands of population, and in Germany is one deputy from 755 thousand of population (!). And it, the leaders of European Union explain frankly - done with a purpose to provide rights for people in the conditions of political and economic hegemony of the large states. It is important and that European Parliament works on 9 official languages, and UNO - only on 7.
It is needed to mark a general relation in a canonical right and in the European right to the level of qualification of leaders. Yes, father I.M. Lutskiy marks (p.60) that Zamoyskiy a synod in relation to a candidature to protopresvitera decrees «. that only to supply with such, which exceed a zealousness, piety, science and formation of the second.» (Decision of ZS, roz. GKH, p. 245).
That European Union has the President already, is the certificate of high-professional guidance on all of levels of integration process. Pay a regard to only such in general lines the known is given. In 1979-1980 By European Parliament and Commission 484 petitions were considered, and already in 1988-1990 - almost 700. And deputies do not block a tribune, but try indeed to work fruitfully. Yes, for a 8 o'clock of meeting comes forward from 50 to 80 deputies and meeting conduct 60 days during one year, but conduct one nightly meeting (a lot of questions which need to be decided). If in 1969 on 505 questions of European Parliament Commission of ES and Advice of ES gave answers, in 1989 such answers were given on 2972 questions. So, that the deputies of Euro Parliament exceed «science and formation of the second.» ordinary citizens of Europe, or not ?
Clearly, that no usurpation of power in the European structures in ХХІ age and can not be and nobody and never will disconnect the people of Europe already, as it happened with the people of Ukraine, when the most «Sainted Synod of tsar Peter і during two ages to the edge destroyed religious life, entailing the management historical pre-conditions in order that traditionally the orthodox state of tsars did a sharp dialectical jump in the direction of atheistic empire of communism» (father I.M. Luckiy, p.13). Very hardness and to reminisce historians divisibility of large nation which has the state system during 2400. What it was not enabled to unite. «Principal reason was become by growth of intolerance to the idea of unity of Christ’s Church, which Moscow which defiantly appropriated itself the role of so-called Third Rome preached insistingly. These attempts take a place and at modern history, not instrumental in education of sense of religious tolerance and vzaemopovagi.» (father I.M.Luckiy, p.14).
Life on earth must not be halted, especially, from the unwise actions of humanity, as from the point of view an absolute law, so from point of canonical right. The questions of providing of domestic legal relations are Therefore important on principles of absolute law were decided yet in age-old Rome. Yes, to seven years (infantes) people were fully incompetent, from 7 to 14 men and from 7 to a 12 woman (impuberes) acknowledged capable independently to carry out agreements which resulted only in acquisition (without some losses or establishment of duties). And only after permission of guardian it is possible it was to set duties minor or to halt their right. And main - that to withdraw property guardian not had rights, but must was take a care and about property and about a person minor. But, what indeed high level anxieties about minor (!), which from 14 (women are from 12) to 25 were in a position to take itself a counsel (popechitelya) and had a right to give up the concerted agreement, reviving the property state. If a citizen had popechitelya, agreements which were related to the loss of property were acknowledged actual only at the consent of popechitelya (as really took a care for young people !), but young people were in a position without the consent of popechitelya to be married and make a testament (!). It is not possible to attribute it to limitation of rights. Probably is need to be examined as with limitation to do providing of free and happy life irreversible groundless actions which would worsen the property state of young people (!). From dissertation of father I.M. Lutskiy we see that a canonical (partikulyarne) right actually continues this tradition - «Kan.800 - pr.1. The married couples of persons to completion of sixteen years of life and woman can not important conclude to completion fourteen years of life» (and farther to consider Kan.807, Kan.808, Kan.809, Kan.810, to which one over is brought and also source of Zamoyskiy synod). Explanations which are given by fathr I.M. Luckiy testify that doctor of canonical right not only lean against principles of absolute law, but set primat of the Roman law for to some norms before a canonical right and main - creatively behave to the necessity of changes, taking into account development of society. Yes, «… that LS (Lvov synod) reminisces nothing age of fiancees, and then Pope Piy ХІІ to give and officially entered higher age for entering into marriage, can draw a conclusion, that under act of development of society such age was enhanceable. It is needed faithful constantly to remind that entering into marriage signifies by itself a turning point in life of man and to it a bride-couple must be physically and psychologically geared-up, that, clearly, requires certain maturity» (father I.M. Luckiy, p.172). Therefore, set in Ukraine nubility for a woman in 17 years, and for a man - in 18 years, not only does not object an absolute law, and it is possible to examine an increase as the grounded and progressive norm (not in all of questions East Europe fallen behind).
Much yet interesting questions is considered in dissertation «ISTORIKO-YURIDICHNIY DEVELOPMENT of DECISIONS of DECISIONS of KOBRINSKOGO (in 1626) , ZAMOYSKOGO (in 1720) AND LVOV (in 1891) SYNODS AS SOURCES of PARTIKULYARNOGO RIGHT for KKSC» (in 2006) Mitrofornogo protopresvitera , father Ivan Michael Lutskiy, which go out on modern problems and reflected in the modern European right.
To all of Ukrainians it will be interestingly to know about life a bishop d-ra Michael Levickogo, «which during 42 managed the Galichina metropole, and Roman Pope Piy ІХ give to buloy of «In Apostolicae Sedis factigio» from June, 16, 1856 brings a metropolitan Levickogo to kardinal'skoy dignity. This was the first Ukrainian Greek-Catholic bishop which became the cardinal of Roman Church. A cardinal Michael died on January, 15, 1858 in Unevi» (father I.M.Luckiy, p.16).
But more appropriate will be independently to familiarize with this interesting labour of Large Ukrainian, o. Ivan Michael Lutsk, which indeed opens the unknown wide public pages of intellectually spiritual fight of Greek-Catholic Church for the future of Ukraine and Ukrainian people.
Rector Ivano-Frankivsk University of Law named King Danylo Galyckiy, academician UAS, Dr canonic Law Ivan M. Lucky
Vice-chairman Ukrainian (Azov) Department of Academy of Economic sciences and entrepreneurial activity, vice-chairman Civil International Committee Intellectual and Spiritual Unity, Dr econ. (PhD) A.V. Vasiljev-Muller
Stanislaw (from 1962 Ivano-Francovsk)
1. Luckiy I.M. Istoriko-yuridichniy development of decisions of Decisions of Kobrinskogo (in 1626), Zamoyskogo (in 1720) and Lvov (in 1891) synods as sources of partikulyarnogo right for KKSC : avtoref. and dis. on the receipt of sciences. degree of doctor of east canonical right: special. «Philosophy, psychology and canonical right» for /I.m.Luckiy. - Ivano-Francovsk, 2006. - 18 p. and 257 p.
2. Vasiljev A.V. Teoretiko-metodologicheskie osobennosti renesansa estestvennogo of right./В Byull. №11 Azov’s Department Academy ES&E, IESCR, CIC I&SE, 2002.- Mariupol' - Zaragoza. - pp.53-66.
3. Vasiljev A.V. Theory – methodological basis koncepcii preobrazovaniya and preservation of labour, how proyavleniya of estestvenno-istoricheskikh conformities (sbornik ocherkov for socio-economical theory) to the law of /Alexandr Valerievich Vasiljev. - Mariupol', IESCR, 1998. - 267 p.
|Категория: Litawa-Gothia-Odessa//Литва-Готия-Дженестра /Pavel Antonovich Vasiljev & Pelagej Danilovna Polansky | Добавил: Vasiljev (2010-03-10) | Автор: Dr Ivan M. Lucky|
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