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10органов дознания - один из институтов уголовного процесса. Эффективность взаимодействия достигается лишь при строгом соблюдении его основных принципов - тех правовых положений, в соответствии с которыми оно осуществляется и которые определяют его сущность, формы и содержание. Принципы взаимодействия закреплены в законах и ведомственных нормативных актах, они следующие:
1) соблюдение законности;
2) подбор участников взаимодействия с учетом их профессиональной подготовки, специализации и психологической совместимости;
3) организующая и руководящая роль следователя:
4) строгое разграничение компетенции участников взаимодействия;
5) неразглашение данных предварительного следствия в процессе взаимодействия, а также средств и методов, применяемых в оперативно-розыскной деятельности;
6) планирование взаимодействия;
7) продолжительность и выбор форм взаимодействия в зависимости от конкретных обстоятельств расследуемого преступления [11, с. 409-413].
Все изложенное приводит к выводу о том, что правомерно говорить о действии принципов всего уголовного процесса в стадии предварительного расследования, (тех самых, которые М.С. Строго-вич называл «основными»), правомерно также говорить о принципах самого предварительного расследования и о принципах отдельных процессуальных институтов. Проблемы соотношения названных принципов нуждаются в дальнейшем исследовании.
Литература
1. Познышев С.В. Элементарный учебник русского уголовного процесса. М., 1913. - 329 с.
2. Случевский В.К. Учебник русского уголовного процесса. Судоустройство - судопроизводство. Издание четвертое, исправленное и дополненное. СПб.,1913. - 670 с.
3. Словарь иностранных слов. 19-е изд., стер. М., 1990. - 624 с.
4. Добровольская Т.Н. Принципы советского уголовного процесса М., 1971. - 200 с.
5. Савицкий В.М. Что есть принцип? // Ларин
A.М., Мельникова Э.Б., Савицкий В.М. Уголовный процесс России: Лекции-очерки / Под ред. проф.
B.М. Савицкого. М., 1997. - 324 с.
6. Строгович М.С. Курс советского уголовного процесса. Т. 1. М., 1968. - 470 с.
7. Бирюкова И.А. К вопросу о понятии принципов уголовного процесса // Современные проблемы уголовно-процессуального доказывания: Сборник научных статей. Волгоград. 2000. - 245 с.
8.Стремовский В.А. Предварительное расследование. Госюриздат. М., 1958. - 136 с.
9. Якимович Ю.К., Пан Т.Д. Досудебное производство Российской Федерации (участники досудебного производства, доказательства и доказывание, возбуждение уголовного дела, дознание и предварительное следствие). - СПб: Издательство «Юридический центр Пресс», 2003. - 297 с.
10. Строгович М.С. Курс советского уголовного процесса. Т.2. М., 1970. - 516 с.
11. Кругликов А.П. Взаимодействие следователей и органов дознания // Уголовный процесс: учебник для бакалавров / отв. ред. А. П. Кругликов. - М.: Норма: ИНФРА-М, 2015. - 688 с.
CHRISTIAN ACSYOLOGY AS A GUIDE FOR THE EUROPEAN MULTI-CULTURALISM CRISIS OVERCOMING
Nesprava M. V.
Candidate of Philosophic Sciences, Docent, Associate Professor of the Department of Social Sciences, Dnipropetrivs'k State University of Internal Affairs, Dnipro city, Ukraine
ABSTRACT
Author argue that the acute social and political problems faced by the European Union put an agenda the design of updated European integration model. Practice has shown that the secularist principles enshrined in the Treaty of Lisbon have led not to the dreamed multiculturalism, but to the erosion of European identity as the basis of cultural-civilizational association. "Unspiritual" official EU institutions have been unable to confront new challenges from the Muslim world and have lost the confidence of their own citizens. Christianity played a key role as the spiritual foundation of European integration and has influenced the EU formation in two directions - cultural and normative. European values have their own sources in the biblical commandments. Christian ethos as a special spiritual and ethical system, which determines humanistic world perceptions and active orientations of individuals and social groups, designed the basis of these values. Therefore, Christian ethic principles must take a prominent place in the regulatory policies of European institutions in the renewed model of the EU.
Keywords: Christianity, European Union, integration, multiculturalism, identity, spiritual values, human rights, humanism.
Introduction
At the end of the XX and early XXI centuries, the European Union experienced a period of creative inspiration and unprecedented expansion. However, in the
second decade of the new millennium, this unique international association has plunged into a deep crisis. Financial, economic and socio-political problems intertwined in one club. These negative processes led to an
increase in the positions of euroskeptics, which puts hopes for solving these problems faster at national institutes than at pan-European ones. As a result, practically in all EU member states, the centrifugal forces began to overcome their integration intentions, and Britain even decided to withdraw from the European Union. Thus, there is a real threat of EU disintegration. This threat put on the agenda the need for a systematic update of the European Union. Obviously, the restoration of this formation must begin from its groundwork - the system of values. Identifying the faithful world-view and ideological priorities, that would fit the spirit of a united Europe, is an urgent task of the social sciences, that importance can't be overestimated. Indeed, the future of the EU, not only its own future, but also the future of the whole world, in particular, and the prospects of European integration of Ukraine, depends on the model of development chosen by Europeans.
The problem of the spiritual core of European integration is debated both in political and scientific areas very briskly. Zaki Lai'di represented a philosophical view of the Christian doctrine as the transcendental basis of European unity. Norman Davis looked at the problem through the prism of historical retrospect, while Samuel Huntington showed the role of Christianity as a significant factor in the formation of Western civilization. Kadri Kaan Renda made an overview of the main panel discussions devoted to assessing the role of religion, in particular Christianity, in building up the main pillars of the EU. Kenneth Houston examined a wide range of issues related to the relationship between religion and European integration, paying particular attention to regulatory aspects. Charles Taylor researched how Christian norms are reflected in the various policies of the European Union. George Byrnes and Anthony Timothy, Jose Casanova, Anthony O'Mahony, Linda Risso, Bryan Hehir revealed the organizational mechanisms of clerical influences on the formation of the EU. While Florian Grutsch and Anette Schnebel, Grace Davie, Daniel Hervieu-Leger explored socio-psychological peculiarities of the reflection of the Christian faith in the self-identification of Europeans. Brent Nelsen and James Guth, as well as Steven Durlauf, Andros Kourtellos, Thanasis Stengos and Chih Ming Tan, analyzed the peculiarities of the influence of various Christian denominations on the process of integration processes in the countries where they are dominant. The works of Russian scientists Olena Zho-sul, Sergey Medvedev, Sergey Mudrov was devoted to the research of the significance of Christianity in European integration processes. The achievements of Dmitry Bondarenko and Natalia Goncharuk should be noted among the Ukrainian scholarly researches in this area.
But, despite the presence of a large body of scientific materials that researched the role of religion in the processes of European integration, the question about ideological and valuable model should be a priority in the process of restructuring the EU - secularist or Christian - remains open.
This paper aims to substantiate the role of Christian values as a cultural and civilization basis of the renewed European Union.
Christian values as a spiritual core of European integration
In a broad general sense, European law is a complex of legal systems, united by the common cultural and civilization tradition of Europe. In a narrower concrete sense, European law means, in the first, as the supranational legal basis of the European Union, and as the acts of the Council of Europe too. Last year the European Union celebrated three commemorative anniversaries. On March 25, 1957 the Treaty establishing the European Economic Community was signed. This organizational structure ensures the social and economic integration of Europe for 60 years. The quarter-century since the signing of the Maastricht Treaty, which laid the foundation for the European Union itself as a unique international establishment, was marked on February 7, 2017. The 10th anniversary of the signing of the Lisbon Treaty, which is still called the EU's small Constitution, and launched a qualitatively new stage in the functioning of the Union, was celebrated on December 13, 2017. These acts are of enormous importance, because they have created the framework of the modern European legal system. However, the jubilee year turned out to be a 'celebration with tears in the eyes' for the EU - so many cardinal problems fell on Europeans at the same time.
George Soros, who is known for his ability to look into the future, evaluates the crisis in the European Union more disturbingly. "The European Union really broke. It has ceased to meet the needs and aspirations of its citizens. It is moving to a chaotic disintegration that will leave Europe in a worse condition than what we would have if the European Union had not been created at all, - the authoritative analyst stresses. - Yes, it must be admitted that the EU is built incorrectly. But we should not give up. After Brexit, all those who believe in the values and principles on which the EU was founded should unite in order to preserve it, but in a substantially updated form" [1]. Under pressure from a number of challenges faced by the EU, the President of the European Commission, Jean-Claude Juncker, recognized the need to discuss the further model for the integration of countries on the continent. The leaders of the major European institutions aim to improve governance to the extent possible under the current EU treaties, extending the steps taken since the financial crisis. However, fundamental policies involving substantial sovereignty sharing remain vague. Since they require a meaningful EU treaty change, they have been put on the back burner, ostensibly to be brought forward after the UK referendum and the elections in France and Germany. But, as Themis Themistocleous and Ricardo Garcia note, given the time required to effect a meaningful treaty change, the current institutional framework will remain in limbo for the foreseeable future, leaving Europe vulnerable to shocks [2, p. 22]. In an attempt to present a new format for integration in which the European Union would be able to overcome the existing crisis, the European Commission on March 1, 2017 presented a White Paper on the future of Europe by 2025. However, instead of the expected single model for the future of the EU, the document offers five separate scenarios for the integration
process [3]. This fact testifies to the inability of European officials to outline clear prospects for a united Europe. In our opinion, such confusion is explained by the issue that the EU's value foundation, laid down at its genesis, has been thoroughly washed up over the past decade.
While defending the importance of this foundation of the European Union, Kadri Kaan Renda revealed the content of ideological disputes. which unfolded during this period among the Europeans. He draws attention to the existence of two interconnected debate platforms that relate to the content of the current stage of European integration. The first outlines the debate between supporters of a liberal market economy (whose ideology usually has Protestant roots) and their opponents -advocates of a social market economy (whose ideas are based on the Catholic principles of solidarity). The second is the debate between those who believe that the basis of European integration should be the values of freedom, including multiculturalism, on the one hand, and those who defend the position of the need to protect traditional values - on the other [4]. In this sense, he opposes the concept of secular and multicultural Europe, on the one hand of the dichotomy, to the concept of Christian and anti-multicultural Europe, on the other hand.
It should be noted that the Lisbon Treaty, which was signed by the leaders of the EU member states in 2007 and came into force in 2009, enshrines the basic principles such as pluralism, tolerance, solidarity, non-discrimination both within member states and outside of them [5]. Although the Christian parties demanded the inclusion in this document, which defines the main directions of the restructuring of the European Union, also a provision on the prominent role of Christian values in ensuring European unity. In this sense, they emphasized the Christian roots of Europe and advocated that European identity and ideals can not ignore the role of Christianity in their formation. For them, the European idea must be in line with Christianity. In this regard, Kenneth Houston points out that even before the controversy over the Invocatio Dei, proposed for inclusion in the preamble to the European Union's defunct Draft Constitution, the role of religion in European integration had moved toward the centre of political consciousness. [6]. However, the signatories of the document contrary to the recommendations of the clerics refused to include the provisions on Christian values as the basis of European integration, although they mentioned the significance of religion as a whole. According to Sergey Mudrov, the text of the Lisbon Treaty reflects the struggle between religious and secular actors [7]. So, as a result 10 years ago the position of secular multiculturalism has overcame. However, dramatic events unfolding recently in the European Union - the onslaught of migrants from the Muslim countries of the Middle East, a surge in Islamist terrorist attacks, which in turn resulted in the strengthening of ultra-right parties and, finally, led to Brexit - have shown that the rebuilding of the European palace on the principles of secularism led to the it cracking.
And in this regard, it is important to emphasize that the consideration of the European integration is
based on the fact that an identity is the leading motive of some socio-political association. Speaking about self-identification as a core of civilization, Samuel Huntington wrote: "Throughout history, civilization represented the highest level of identification for people. Civilization is the highest cultural integrity. Civilizations are the largest "we", within which each feels himself culturally at home and distinguishes from all other "they" [8, p. 43]. Obviously, in the second decade of the twenty-first century the Europeans began to lose sentiment of a cultural home coziness on their own continent. The British are hoping to escape from someone else's influence over the Channel, more and more Frenchmen in search of salvation of what Madame de Stal called 'penser a l'europeenne' (to think as European), hope for Marin Le Pen, voices of revenge seeker, who got the motto 'Germany for Germans!' from the Nazi grave, became louder in in Germany, the position of the euro-skeptics is intensifying in Hungary and Poland. These facts indicate that the existing secular EU multicultural project has created ambivalent and controversial feelings about the establishment of a European identity.
And so, it should be reminded that the European project was conceived as a value-oriented civilization association from its beginning. Robert Schumann, one of this project's developers, believed that European reunion would not be possible without "inspiration coming from its Christian origins", and Europe is "the embodiment of universal democracy, in the Christian sense of the word" [9, p. 50]. The idea of a united Europe, which was embodied in the Treaty of Rome on the establishment of European Communities 60 years ago, has deep roots based on Christianity. Most scholars agree that organized Christianity appears as a unifying force on the continent since the Middle Ages. Describing the historical process of forming the concept of Europe as a holistic entity, Norman Davis points out that in the absence of common political structures, European civilization could only be determined by the criteria of culture, the special significance of which usually gives the underlying role of Christianity [10, p. 7]. In addition, the English historian underlines the role of Islam as a controversial factor in European integration. "The emergence of Islam has defined the boundaries of that new and compact entity, which was called the Christian world, - he writes. - This world was the stronghold that allowed Europe to self-determination" [10, p. 189]. Consequently, the historical lessons and realities of today lead to the conclusion that the need to preserve European identity puts on the agenda of current EU policy the task of changing the principles of the integration model. Challenges coming back to Europe by the Muslim world in the form of mass migration and radical terrorist groups, require the return of traditional Christian values not only to the consciousness of Europeans, but also to the rules of setting up a common European home.
Those who really care about the future of the European Union should remember the Jacques Delors's prophecy, which in 1992 declared that "if in the next twenty years we will not give our soul to Europe, taking into account its spirituality and meaning, then the game
will be lost". According to K. Houston, during the decade of J. Delors's tenure as European Commission President (1985-1995), the involvement of religion played a more prominent role in strategic and affective considerations for further European integration [6]. The basic documents developed under his leadership allowed the European communities to transform into the European Union. So, Christian Democrates' ideas provided a powerful impetus to the process of creating the European Union.
Reflecting on the challenges and perspectives of the EU, Charles Taylor notes that no matter how anyone expresses their convictions and their position vis-à-vis the church, the roots of Europe are Christian, and there is no way to get rid of it. The scholar concludes that the first general point is the obvious fact that religion has often been and continues to be an important component of many political identities. This is clearly visible, in some cases, when it acts as the most important marker recognized as insiders and outsiders. But religious identity also plays a different role - as the basis of general, ethical, constitutional principles [11, p. 20-22].
Christian humanism as a source of human rights in multi-cultural society
In the context of this study, particular attention should be paid to the fact that European humanistic values define the formation of the European law principles. In general, references to these values are contained in the Charter of the Council of Europe (1949), reaffirming the devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the Rule of Law, principles which form the basis of all genuine democracy [12]. In the more elaborated form, the designated values were enshrined in the Maastricht Treaty (1997) and specified in the Lisbon Treaty (2007) on the European Union as follows: "The Union is based on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail" [13]. A broad interpretation of the axiological foundations of the EU provides the Charter of Fundamental Freedoms of the European Union (2000): "Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice" [14].
The analysis of basic law acts shows that European values are complex spiritual and moral formation based on the principles of humanism. But in order to preserve these principles from destruction, it is necessary to find their roots and strengthen it. Some scholars, and no such few, especially in Europe, argue that this is rooted in secularism. Speaking about the humanist foundations of human rights and freedoms, they oppose
anthropocentric worldview to theocentric. Considering rationalism as the driving force of development, including the system of law, secularists consider religious beliefs as obstacles to progress. They value the Rule of Law from the point of view of the existence of secular laws, and human rights in their understanding - is such a universal law, which is developed by people for people [15]. However, in our opinion, such an approach is superficial and does not reflect the depth of the valuable understanding of the concept of "human rights and freedoms".
And although, indeed, humanistic principles were first obtained by legal consolidation only at the end of the XVIII century, it is safe to assert that they were formed for centuries in the framework of Christian ethics. In this context, it is interesting to mention the statements of Alcide de Gasperi on the content of Christian heritage in European civilization: "When I say that Christianity stands at the origins of European civilization, I do not intend to pick up any exclusively confessional criterion for assessing our history. I point to a common European heritage only, to the moral that emphasizes human and his responsibilities" [16, p. 112]. There is no doubt that philanthropy is a distinctive feature of Christianity. In the Gospel, we find not only a clear commandment: "Love your neighbor as yourself" (Matt. 22:39), but also a more complicated cognitive model: "Love your enemies, bless those who curse you, who hate you, and pray for those who offend you and lead you, so that you may be the sons of your Father in heaven" (Matt. 5: 43-46). In a special way, Christian humanity and solidarity are expressed in the words of St. Paul: "... Does one member suffer, all members suffer from it? and when one member rejoices, all members rejoice with him" (Rom. 3: 37-38). All these are the laws of Christian life. This content of Christian ethics - charity, love and respect for the dignity of every human being as the creation of God - was the identifying marker of Europe and determined the further humanist orientation of European law for centuries.
The right to life is the basis of the human rights system. The secular statement in this regard is quite simple: the individual's right to life is conditioned only by the fact that he is a human. But it is noticeable that this formula lacks the evidence base. A more persuasive approach is that based on the Christian conception of man as God's creation. "Christians do not speak of human rights as 'natural rights', for this phrase suggests that human rights are merely self-evident characteristics of the natural order. - Robert Terer emphasizes. -Christians affirm that human beings have rights not because they are part of the natural order, but because they are loved by God" [17].
From the Christian faith in the creation of human like the image of God to participate in the fulfillment of the Divine plan of human and the world logically derived another basis for understanding the concept of human rights concept - the dignity of the human person. Human dignity is conditioned by the existential self, the desire to safeguard which gives impetus to the genesis of human rights. This concept is the key to all Christian denominations, because it is through it that its interpretation of the humanistic content of the Gospel finds its
interpretation. "Therefore Christ, God and man, is the deepest source and guarantee for the dignity of the human person, - Baas de Gaay Fortman stresses. - The Christian Faith is seen as the deepest foundation of all human rights. It illustrates how Faith-based approaches to human rights may even lead to a complete synthesis of two missions that are separate in origin and principle" [18].
Christian axiology of human rights distinguishes the value of life from human dignity. Life is given by God, and dignity is acquired by human. The person becomes dignified by doing good. Principles of good are given in the biblical commandments. Hence, there are two types of freedom: internal freedom from evil and freedom of moral choice. Freedom from evil is invaluable. Freedom of choice is of value, and personality -dignity only when a person chooses the good. On the contrary, when an individual chooses evil, freedom of choice leads to self-destruction and harms the dignity of man and social morality. Consequently, immoral dignity does not occur, and therefore the separation of the concept of human rights and freedoms from morality means its continuous profanation. Thus, human rights can only be said if one or another doctrine recognizes human dignity as a result of free choice in favor of good before the temptation of evil. Contrary to the groundless accusations of anti-clericals, it is Christianity that carries such a primitive humanistic assertion, arguing that God not only created man, but also became a man in the image of the Savior, without dissolving man in Himself. In the words of Richard Neuhaus, Christians affirm that only a transcendent understanding of the dignity of the person will provide a foundation for a Christian doctrine of human rights [19].
As a subject of moral consciousness, which is radically different from the environment by being able to know God, human in his behavior must be guided by the orders of the moral law, which is the embodiment of Divine Providence. Accordingly, this law, which Immanuel Kant calls 'categorical imperative', has an unconditional and a priori nature, it is not conditioned by external factors and forms the inner essence of human. The categorical imperative proclaims: "Act so that the maxim of your behavior could be at the same time the principle of general legislation" [20, p. 234]. In fact, this imperative is the philosophical formalized commandment of Christ, who proclaimed in the Sermon on the Mount: "All that you want that men do to you, then you also do them" (Matt. 7:12)
And here we are faced with the dilemma of freedom, which consists in the fact that the freedom of one person ends where the freedom of another begins, so it is impossible to live in society and to be free from it. "A human receives from God his essential dignity and, with it, the ability to exalted himself above any social order in search of truth and goodness, - Pope John Paul II noted. - However, it is due by the social structure in which he lives, also by the education and the environment" [21]. Freedom allows a person to succeed in ascending to spiritual perfection, but at the same time includes the danger of disobedience, the failure to subordinate to God, and through that - the fall, the tragic consequence of which is the existence of evil in the
world. "All is allowed to me, but not everything is useful. Everything is allowed to me, but not everything is coming", - Apostle Paul proclaimed. - Let nobody seek his own, but each one [benefits] of another ... for what would my will be judged by another's conscience?" (1 Corinth. 10: 23-24, 29). Freedom without responsibility and love leads in the end to the loss of freedom. Considering this dilemma, I. Kant relied on Christian postulates and emphasizes that duty is the highest form of moral behavior [20, p. 342].
The relationship between morality and law, which is reflected in the existential dilemma of the co-relationship between human rights and freedoms, on the one hand, and duties and responsibilities, on the another hand, is a central theme in the debate that unfolds around the values of European law. "Such themes are found in current debates - crucial debates in which the requirement for truth and integrity (meaning) sometimes collides with the idea of liberty, - Zaki Lai'dy asserts. - The Christian European movement has in effect not made up its mind whether to accept the idea that the invasive market principles can dispense with any form of transcendence. It shows a reluctance to accept that liberty might become the absolute that would be the basis for founding Europe to the detriment of a search for a certain truth" [22, p. 69].
The controversy around the concept of freedom in the Christian discourse on human rights is closely linked to the philosophical dilemma 'human and society'. "In the name of a universally defined 'human person' it is always possible to consider itself as exempt from any obligation to a particular community, - Alain de Benoit shows. - Absolute of humankind faces then with the absolute of individual person" [23]. At the same time, it is important to put attention to the fact that while the liberal philosophy of human rights finds its starting point precisely in a separate personality and in its individual choices, the Christian conception of human rights, formulates the human dignity as a priority of duties towards his neighbors in compare with their own rights. Analyzing the features of the Christian tradition, Lyudmila Ivanova argues that law thinking in Christianity does not begin where a person finds the presence or absence (limitation) of his/her own rights, but where he/she respects the rights of another person and is humbled before them, is humbled before his/her freedom, allows it to be different [24].
Current discourse on human rights and freedoms involves such pressing issues as abortion, euthanasia, biomedical reproductive technologies, same-sex marriages. It should be noted that Christian morality in such cases clearly requires the restriction of freedom in favor of responsibility. Alessandra Nucci notes that many Eastern European countries are facing increasing pressure from Western nations to abandon their traditional Christian values and religious heritage. The ethical issue that causes the most universal outrage, in both the East and the West, is the rampant financial corruption in political circles, an evil that no one questions. Instead, there are deep disagreements in the areas of 'life issues', the family, and education. There is no lack of examples of what the assault on traditional principles in these areas can look like in the West. The attacks are
repeated and progressive. What we do know is that the people underwent a vicious and determined undermining of tradition, and particularly of the principles which, in recent years among Catholics, have come to be known as 'non-negotiable': life, the family, and education [25].
This is particularly marked in relation to the right to a family and freedom of marriage. Pope Francis I and Patriarch Kirill declare in their Joint statement: "We regret that other forms of cohabitation today are compared with a family based on marriage as an act of free and faithful love between man and woman, while the consecrated biblical tradition of the idea of paternity and motherhood as a special vocation of men and women married out of public consciousness" [26]. And in this connection, it should be emphasized that the biblical notions of marriage were the basis of Article 16 of the Universal Declaration of Human Rights [27] and Article 10 of the International Covenant on Economic, Social and Cultural Rights [28]. "The intensity of the struggle can be judged by the fact that almost all the countries now sandwiched between a coercive new West and a coercive old East are dashing to lock the definition of marriage into their laws, - A. Nucci stresses. - More and more countries are taking action to include bans on same-sex marriage into their constitutions, including Belarus, Bulgaria, Finland, Hungary, Latvia, Lithuania, Moldavia, Montenegro, Poland, Serbia, Slovakia, and Ukraine. An amendment of this kind is currently pending before Parliament in Macedonia" [25]. Defending the Christian axiom of life as the sacred gift of God, the Church regards abortion and artificial insemination as a great sin. It is important to emphasize that the Christian interpretation of human rights insists on denying any nihilism. The Christian tradition stands for the right to life and against the 'right' to death, for the right to creation and against "right" to destruction, for the right to love and against same-sex marriages, for freedom of speech and against slander and insult.
The aspiration to solve the dilemma of the relation of freedom and responsibility leads to the necessity of substantiating the cardinal virtue - justice. In this context, it is important to note that in the Christian tradition, the notion of freedom and responsibility necessarily correlates with the notion of justice. It should be stressed that justice is relational, so it is manifested through the relations between actors. "The human person does not have rights as an individual, but in relation to others in community and ultimately in relation to God. Thus, Christians affirm that human rights are derived from faith and involve duties to God and one's neighbor, - R. Traer emphasizes. - Human rights are not only derived from divine rights but also constitute duties toward others. Christians assert that because God loves all people, all people have rights and the corresponding duties to respect the rights of all others". [17]. The Christian demands of limiting individual freedom in favor of responsibility come from here. And so, human must again and again comprehend the difficult art of earthly human coexistence as a ministry, purpose, duty, including legal.
Expanding the content of the assessment of social relations, based on the criterion of justice, Thomas Aquinas pointed out that an act is 'just' or 'legal', if it is coordinated with another person by means of some equality [29]. So, the concept of equality logically comes from the category of justice. This notion of justice is a distinctive feature of European principles of law that interpret justice in terms of social equality and economic solidarity. Christian tradition requires not only to build the economy on a moral basis, but also through its active service to man, following the teachings of Apostle Paul: "By working, we must support the weak and remember the words of the Lord Jesus, for He Himself said: "It is more blessed to give than brothers" (Acts 20:35). Solidarity and subsidiarity are fundamental principles of European law.
Other fundamental principle of European law -non-discrimination - comes from moral values too. On this subject, the Christian tradition has a clear position. Christians believe that "God from the same blood has formed the whole human race for living all over the face of the earth (Acts 17:26) and that in Christ "there is no Jew or Greek, there is no slave, nor free, no man, nor woman because you are all one in Christ Jesus" (Gal. 3:28). This fruitful source has to continue to nourish the value content of the human rights concept that is the bar of European international and national legal systems. Thus, Christian values do not accept the so-called 'positive' discrimination that creeps up across Europe.
Europeans mean justice as mutual responsibility of a citizen ('responsible individualism') and of a state ('responsible sovereignty'). However, the correlation between the basic principle of human rights, on the one hand, and principle of state sovereignty, on the another hand, is very contradictory on practice. "Unquestionably then, the fellowship that human beings are called upon to establish is not just a matter of envisioning the others as free and equal creatures but also of doing justice and living together in peace, - B. G. Fortman states. - Naturally, the acceptance of that responsibility for protection of the human dignity of everyone requires more than just a legal basis, no matter what sorts of legal mechanisms for its realization may have been created. Indeed, the ratification of treaties, the establishment of international courts of human rights - access to which, and hence compliance, is entirely voluntary for states to enter into - and the development of human rights jurisprudence are not enough. The moral grounds for a conviction upon which responsible behaviour rests have to be constantly nurtured on the basis of a worldview shared by those concerned" [18]. And here the problem of the correlation between the Rule of Law and Christian ethic rises topically.
It is important to emphasize that in the European democratic paradigm the concept of human rights was formed as a counterweight to the authoritarian state power. The separation of a certain spectrum of social relations from state intervention is the basis of civil society. Ideologies that deny the fundamental value of human dignity, at least in favor of something else, 'higher' (nation, state, social or professional group, party, sects,
etc.) - are not legal because they are immoral. Supremacy above an 'image and likeness of God' can only be God who judges, punishes, but above all shows charity to human. Therefore, for the Christian ethics, the content of human rights and freedoms exceeds any political ideologies.
The dilemma of freedom arises also in the process of assessing the principle of freedom of conscience and religion. From the standpoint of understanding the axi-ological essence of the concept of human rights and freedoms, it is important to emphasize that its approval at the initial stage is connected with the recognition of the right to freedom of religion within the framework of Christianity. But secularism in its radical form - an-ticlericalism, taking over the right to own the truth in the last instance, acts as a malicious violator of human rights and deploys democratic societies towards totalitarianism in the end. "The process of European integration, which began after centuries of bloody conflicts, has been perceived by many with hope as a pledge of peace and security, - Pope Francis I and Patriarch Kirill note. - At the same time, we warn against such integration that does not respect religious identity. In particular, we see that the transformation of some countries into secularized societies, alien to any memory of God and His truth, entails a serious danger to religious freedom. We are concerned about the current restrictions on the rights of Christians, not to mention their discrimination, when some political forces, guided by the ideology of secularism, which so often becomes aggressive, seeks to push them to the brink of social life" [26]. It should be defined that under this term secularism must be understood as anticlericalism, because freedom of religion is not one and the same thing as freedom from religion.
The anticlerical model sooner or later degenerates into aggressive atheism, which undermines the spiritual foundations of society. The metastases of this destructive process are manifested in many EU countries, and it causes the Union's valuable crisis. A. Nucci disturbs that people in many European countries are embarrassed or afraid to talk about their religious affiliations. Holidays are abolished or even called something different; their essence is hidden away, as is their moral foundation. And people are aggressively trying to export this model all over the world. I am convinced that this opens a direct path to degradation and primitivism, resulting in a profound demographic and moral crisis [25]. The principle of conscience's freedom, constituting the state's non-interference with private spiritual life, at the same time implies the individual responsibility for choosing his own path to God (in relation to children, such responsibility is borne by the parents).
Collisions that have re-emerged in this area and stirred up public opinion in European countries raised the question: will the modern concept of human rights develop in the direction to balance the different freedoms in society, or it will grant privileges for nationalistic authorities or marginal minorities to impose the understanding of human rights? The developing of European law principles on the basis of Christian moral values will answer this question and help to cope with the new challenges faced by Europe.
The Christian philosophical tradition means that state power must be limited by just law in its supreme Divine sense, in the sense that such spiritual values as good, truth, morality, conscience and justice were origin by God. Such perception of the Rule of Law is a marker of European world-view, which, unfortunately corroded by anticlericalism. Thus, in the updated model of the EU, both responsible individualism and responsible sovereignty must be formed not only by law levers, but also by the moral guidelines contained in the Gospel commandments. Spiritual responsibility is based not on fears of condemnation and sanctions, but on faith in God's law and His higher judgment, which alone guarantees both the inevitability of punishment and eternal grace. In F. Dostoyevsky's word warned by the lips of his hero: "If there is no God, then everything is allowed!" [31, p. 79].
Conclusions
This study confirmed that Christianity is a marker of European civilizational identity and the spiritual core of its integration. Christian ethics fills the constituent acts of the EU with moral content. By ignoring the Christian "spirit of laws", the existing secular multicultural project of the EU has created ambivalent and controversial feelings about the establishment of European identity. The principles of EU are fed from the source of Christian humanism, having as a moral foudation such values: the right to life, human dignity, freedom, equality and solidarity. Thus, it can be considered proven that the Christian values constitutes the axiological basis of European integration. Consequently, the principles of multi-culturalism should not neglect the Christian moral norms. These norms, even in a secularized Europe, must remain a powerful factor regulating social relations, especially in such sensitive areas as family, the birth and education of children, and the care for those in need. The aspiration for the revival of Christian values should cease to be a speculative slogan of nationalists and right-wing conservatives, and have to become a daily law-making mission of European authorities. Under the conditions of democracy, the embodiment of Christian priorities in the EU multi-cultural social system does not repel others to the marginal periphery, but, on the contrary, consolidate European society and lead to the real unity in diversity.
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АНАЛ1З ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ВОЛОНТЕРСЬКО1 Д1ЯЛЬНОСТ1 В ЗАРУБ1ЖНИХ
КРА1НАХ
Срко В.С.
Одеський державний утверситет внутргшнгх справ кафедра адмШстративного права та адмШстративного процесу
аспгрант
ANALYSIS OF LEGAL ENVIRONMENTAL ACTIVITIES IN FOREIGN COUNTRIES
Sirco V.
Odessa State University of Internal Affairs Department of administrative law and administrative process
post-graduate student
АНОТАЦ1Я
В статп розглянуто та проаналiзовано особливосп правового регулювання волонтерсько! дiяльностi в зарубiжних кра!нах; видшено три види кра!н з рiзними способами регулювання сфери волонтерства; зроблено висновки, щодо застосування позитивних аспектiв правового регулювання волонтерсько! дгяль-ностi у законодавство Укра!ни.
ABSTRACT
In the article the peculiarities of legal regulation of volunteer activity in foreign countries are considered and analyzed; there are three types of countries with different ways of regulating volunteering; conclusions are made regarding the application of the positive aspects of the legal regulation of volunteer activity in Ukrainian legislation.
Ключовi слова: волонтерство, волонтерська дгяльшсть, правове забезпечення, зарубiжнi кра!ни, цш-шсть волонтерсько!' дiяльностi.
Keywords: volunteering, volunteerism, legal support, foreign countries, the value of volunteerism.
Постановка проблеми.
Невщ'емною складовою всiх демократичних правових держав свггу е розвинуте громадянське суспiльство, одним iз головних iнститутiв якого е волонтерство. Держави i Мiжнароднi оргашзацп ставлять за мету- привернути увагу спiльноти до дiяльностi людей, яш витрачають особистий час на безоплатну допомогу iншим, а також заохотити до цього бшьше людей. Укра!на також не стояла осто-ронь, саме тому прюритетним стратегiчним напрямком державно! полiтики розвитку громадян-ського сустльства в Украiнi стало сприяння волон-терськiй дiяльностi. У 2011 рощ Верховна Рада Ук-ра!ни прийняла Закон «Про волонтерську дгяль-нють». Але цей нормативний акт не завжди ефективно регулюе питання сфери волонтерсько! дiяльностi, тому потребуе аналiзу правове забезпечення волонтерсько! дiяльностi зарубiжних кра!н.
Аналiз останшх дослiджень та публiкацiй. Проблему зарубiжного досвiду волонтерсько! дiя-льностi в сво!х роботах розглядали наступнi вчеш: Безпалько О.В. [3], Горелов Д.М. [2], Жуляев В.В. [1], Коршевський О.А.[2], Крапiвiна Г. О. [12], Лях Т.Л. [11; 13], Майборода Ю.М. [1], Паславська О.Я. [7], Петренко 1.В. [14] та ш. 1х роботи стали базо-
вими при написанш мое! статп, пропозицп та реко-мендацii' авторiв були врахованi, але не використанi тд час формування висновкiв.
Формування мети статть На пiдставi аналiзу правового забезпечення волонтерсько! дiяльностi зарубiжних кра!н розробити пропозицii та рекомен-даци щодо удосконалення законодавства Укра!ни в сферi волонтерсько! дiяльностi.
Виклад основного матерiалу. Волонтерство е невiд'емною частиною розвинутого громадянсь-кого суспiльства, сприяе його розвитковi i про-цвгганню. Окрiм того, значення волонтерства мож-ливо вимiряти i з погляду соцiально-економiчного капiталу. Мiжнароднi структури, таш як ООН, £в-ропейський парламент, Парламентська асамблея Ради Свропи, закликають уряди визнавати цiннiсть волонтерства i сприяти залученню волонтерiв до рiзноi дiяльностi. У вiдповiдь на це багато кра!н ро-зробили комплекснi правовi рамки, що регулюють i захищають волонтерську дiяльнiсть i заангажо-ванiсть волонтерiв [1, с. 16].
Важливого значення, особливо в кризовi перi-оди суспiльного буття, набувае волонтерська дгяль-нiсть, спрямована на зняття соцiальноi напруги шляхом шдтримки найбiльш знедолених категорiй
