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Kościół i Prawo
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This is an Open Access Journal

Open Access journal
ISSN (Print) 0208-7928 - ISSN (Online) 2544-5804
Published by Towarzystwo Naukowe KUL

[1 journal]

From the Editor-in-chief
- Authors: Mirosław Sitarz
  Pages: 5 - 5
  PubDate: 2023-06-29
  Issue No: Vol. 12, No. 1 (2023)
The Seal of Confession under the Legislation of Ukraine
- Authors: Oleksandr Bilash, Tetyana Karabin, Pavlo Cherevko
  Pages: 9 - 28
  Abstract: The article is devoted to the study of the seal of confession legal protection by Ukrainian legislation under the circumstances of its formation and development. The conducted analysis has given grounds to make up conclusions concerning the “three levels” of regulation and protection of the seal of confession by the legislation of Ukraine, depending on the conditions and circumstances of the confession. The general legal protection of the seal of confession is accomplished through the provisions of the Law “On Freedom of Conscience and Religious Organizations” as well as procedural codes regarding the prohibition of demanding the information obtained from believers by clergymen during the confession and interrogating them as witnesses. Information entrusted to a military chaplain by a serviceman has a higher degree of legal protection, as such an information acquires the status of confidential. The highest degree of legal protection under Ukrainian legislation is established for confessions made in penitentiary institutions. For such confessions, prohibitions on the disclosure of information apply not only to priests, but also to other persons: employees of penitentiary authorities, the court, an interpreter. There are also positive obligations to create conditions for confession and ensure its secrecy.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.1
  Issue No: Vol. 12, No. 1 (2023)
Legal Position and Tasks of the Church Data Protection Supervisor in the
Light of EU and Polish Regulations
- Authors: Justyna Ciechanowska
  Pages: 29 - 42
  Abstract: The General Data Protection Regulation is a legal act of the European Union that sets new standards for the protection of personal data related to their processing. The solutions adopted in it are expedient and constitute a solid foundation for the protection of personal data of citizens of the Member States of the European Union. Taking into account the independence and autonomy of the Catholic Church provided for, inter alia, in the Constitution of the Republic of Poland and in the Concordat between the Holy See and the Republic of Poland of 28 July 1993, the author aims to present the status, manner of election, powers and competences of the Church Data Protection Supervisor. The aim of this analysis is also to answer whether the Church Data Protection Supervisor, as a supervisory authority in the field of personal data protection, performs its tasks in an independent manner, i.e. without any external influence in the ongoing proceedings.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.2
  Issue No: Vol. 12, No. 1 (2023)
Discrimination Based on Religion in Employment from the Perspective of the
State-Church Relationship – Selected Issues
- Authors: Sławomir Driczinski
  Pages: 43 - 58
  Abstract: The study concerns selected aspects of the principle of non-discrimination based on religion in employment. The text deals with topics related to the very concept of discrimination based on religion. The importance of the jurisprudence of international courts in the Polish internal legal order is indicated. The basic legal regulations relating to the undertaken topic were characterized, with partial consideration of quite poor jurisprudence. Reference was also made to the Australian regulation of the issue of discrimination based on religion, in the context of the need to organize and expand the regulation in question in the Polish (and perhaps also European) legal order.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.3
  Issue No: Vol. 12, No. 1 (2023)
Christianity as an Important Determinant of European Integration
- Authors: Mirosław Gornowicz
  Pages: 59 - 70
  Abstract: Processes of international integration have been taking place in Europe for centuries. In ancient Greece, unions of city-states called amphictyonies were formed, in which the city-states belonging to them retained their independence, but had to adhere to jointly enacted laws. In the Middle Ages, an important factor stimulating integration processes appears – which is the Catholic Church with its doctrine of Christian universalism. Common, for the reason that Christian values, similar education received at the emerging universities, a common language – Latin, caused that medieval Europe intellectually and mentally constituted a community. Integration projects continued in modern times. The Industrial Revolution caused a leap in labor productivity, and the ability to exploit economies of scale depended on the availability of foreign markets. Thus, a new argument for the unification of states emerged. In the interwar period, the idea of pan-Europeanism emerged. After World War II, politicians and intellectuals faced a question and a challenge: how – this time effectively – to save Europe and the world from war' As a solution, the idea of federalism was chosen, the essence of which is the voluntary surrender by states of some of their rights in favor of established common bodies. The result was the creation of the European Communities and then the European Union. A question arises: what made the idea, which had been present in the minds of many Europeans for centuries, now in the 20th century become an accomplished fact' Two features united the main architects of European unification – Schuman, Adenauer and De Gasperi. They all came from border regions. They experienced the effects of nationalisms, but they also learned tolerance. They were also united by a community of professed values. They were devout Catholics. Past experience has shown that a community based only on a community of interests understood in business terms is not enough to form an integrated grouping of states.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.4
  Issue No: Vol. 12, No. 1 (2023)
Religious Services Given to the Faithful of the Eastern Churches in Light
of the Geopolitical Situation in Ukraine
- Authors: Malwina Kędracka
  Pages: 71 - 86
  Abstract: In the light of Russian aggression against Ukraine, its citizens have been forced to seek refuge outside their homeland, also in Poland. The territory of Ukraine is primarily inhabited by people who declare themselves to be Orthodox Christians or faithful to the Ukrainian Greek Catholic Church. In the context of the above, the need to recall the rules on the forms of bringing spiritual consolation by Latin pastors to the faithful of the Eastern Churches is actualized. The article is divided into two parts. The first is devoted to the principles of providing religious services in an inter-rite perspective, that is, given by Latin pastors to Eastern Catholics. The second part treats the rules for the celebration of the sacraments, sacramentals, and the provision of places and items that enable the celebration of divine worship for Orthodox Christians. The paper recalls the legal regulations included in the Code of Canon Law of 1983, the Code of Canons of the Eastern Churches, the Ecumenical Directory of 1993 and, also to popularize them, the documents of the Councils of the Polish Bishops’ Conference.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.5
  Issue No: Vol. 12, No. 1 (2023)
The Right to Strike and the Social Peace Rule. Remarks on the Background
of the Catholic Social Teaching and Labour Law
- Authors: Karol Sołtys
  Pages: 87 - 105
  Abstract: The right to strike is subjected to criticism. The main argument of this institution’s opponents is, visible already, the prima facie contradiction between the social peace rule and the common good. Particularly, the datedness of this institution is pointed out as well as the existence of other alternative dispute resolution methods which could replace it successfully. For this reason, this article’s aim is an attempt to answer a research question regarding the identification of the relationship between the right to strike and the social peace rule. For this purpose, the dissertation was divided, excluding the introduction, into six parts. The first two were dedicated to the conceptualization of the right to strike notion and the social peace rule. Subsequently, in the following part of the article, these issues have been analysed from historical, axiological, and moral-ethical aspects. After making arrangements that the right to strike is not a simple denial of social peace, it has been demonstrated what the constructive function of strikes rests upon in the implementation of this rule. Then, the Author presented the conditions after fulfillment of which a strike can make a positive contribution to social peace shaping and the common good. At the end, the conclusions have been described.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.6
  Issue No: Vol. 12, No. 1 (2023)
Relations of the State Criminal and Executive Service of Ukraine with
Religious Organizations
- Authors: Volodymyr Spivak
  Pages: 107 - 122
  Abstract: The article examines the main principles and forms of relations between the State criminal and executive Service of Ukraine and religious organizations. The role of religion in the correction and resocialization of convicts is highlighted. The principles and forms of involvement of religious organizations in working with convicts are considered. The international and Ukrainian regulatory framework, which regulates the activities of religious organizations in penal institutions and providing for the religious needs of prisoners, has been analyzed. It was concluded that Ukrainian legislation and state policy as a whole contribute to ensuring the rights of religious prisoners and meeting their religious needs. Problematic issues in this field and prospects for the development of relations between the penitentiary system and the church are identified.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.7
  Issue No: Vol. 12, No. 1 (2023)
Ecological Burial of the Dead in the Light of Polish and Canon Law
- Authors: Ewa Trzaskowska
  Pages: 123 - 140
  Abstract: The burial of the deceased in different cultures and historical periods took many forms. Rituals and related traditions are strongly rooted in most cultures, and even a progressive change in attitudes towards the environment and the concept of life after life will probably not displace these traditions in the near future. The most common form of burial is burying the body of the deceased in the ground, in a coffin. This traditional method generates two problems: the growing demand for a burial site and the harmful impact on the environment. There are a number of cemeteries next to the metropolises, which are growing to accommodate new graves. Many are already running out of places. Alternative methods of burying the dead are needed. Cremation appeared and in some countries: composting, resomation, promesia, considered ecological but not everywhere allowed by law. In Poland, according to secular and church law, burials can only take place in cemeteries, both in the form of burying the body in the ground and burying ashes.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.8
  Issue No: Vol. 12, No. 1 (2023)
The Presbyteral Council in the 1983 Code of Canon Law
- Authors: Štefan Brinda
  Pages: 141 - 154
  Abstract: The diocesan bishop is obliged to establish a presbyteral council, which represents priests with pastoral care or offices in the diocese. The council is his collegial consultative body. The author gives a short practical commentary on the presbyteral council according to the 1983 Code of Canon Law (can. 495-501).
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.9
  Issue No: Vol. 12, No. 1 (2023)
Canonical Visitations Carried out by Jerzy Ablewicz, the Bishop of
Tarnów
- Authors: Paweł Lewandowski
  Pages: 155 - 171
  Abstract: The source material of this article are the visitation questionnaires and reform decrees from the canonical visitations of Jerzy Ablewicz, the Bishop of Tarnów, collected in the files no. WK XXVII/3 – WK LIV/2 in the Diocese Archive Archbishop Jerzy Ablewicz in Tarnów. Their detailed analysis allows to illustrate the outline of the episcopal ministry of the Shepherd who headed the Diocese of Tarnów in the years 1962-1990. Archbishop Ablewicz conducted 152 canonical visitations to parishes and rectorates. He prepared for each one meticulously by studying the visitation questionnaires. He conducted the visitations themselves in accordance with the norms contained in can. 343-346 of the 1917 Code of Canon Law, statute 43 of the Third Synod of the Diocese of Tarnów, and especially of the Synodal Instruction Canonical Visitation. As a result of the visitation, reform decrees containing detailed and substantive post-visitation indications were sent to each parish.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.10
  Issue No: Vol. 12, No. 1 (2023)
Breakdown of Marriage in the Face of Canonical Procedural Principle salus
animarum suprema lex
- Authors: Marta Greszata-Telusiewicz
  Pages: 173 - 185
  Abstract: The ecclesiastical lawgiver in the 1983 Code of Canon Law defines term, purposes and properties of marriage, which are fully in line with natural vision of marriage. In many cases, it shows up that they are too difficult to implement by the spouses, who face the problems of everyday life. Obviously, not all cases, which lead to marriage crisis or even breakdown of marriage cause the canonical trial for nullity of marriage to start, and especially end with the sentence declaring the nullity of the marriage. This is because the overriding goal of every canonical trial is salus animarum – the salvation of souls is the supreme law.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.11
  Issue No: Vol. 12, No. 1 (2023)
Error as to the Indissolubility of Marriage (Can. 1099 CIC) and the
Exclusion of the Indissolubility of Marriage (can. 1101 § 2 CIC) in the
Light of the Doctrine and Jurisprudence
- Authors: Wojciech Góralski
  Pages: 187 - 212
  Abstract: After the promulgation of the CIC/83, the problem of the mutual relation of can. 1099 CIC/83, as modified from can. 1084 CIC/17 (a legal error concerning the indissolubility of marriage; the modification was the clause “dummodo non determinet voluntatem”) and can. 1101 § 2 CIC/83 (exclusion by a positive act of will, inter alia, of the indissolubility of marriage). In essence, the question is whether error iuris constitutes an autonomous title of nullity of a marriage, or it amounts to a simulation act. The debate in this regard covered both the doctrine and the jurisprudence of the Roman Rota, It should be noted that by excluding the indissolubility of marriage (can. 1101 § 2 CIC/83), the spouse is fully aware that this union is indissoluble, but nevertheless this quality exclude a positive act of the will. Thus, there is a discrepancy between the external act (marital consent) and the object of the will (dissolvable marriage). Meanwhile, according to can. 1099 CIC/83 the nupturient is in error as to the indissolubility of marriage (he is convinced that marriage is dissolvable, not knowing any other form of marriage). One should definitely recognize the autonomy of error iuris (this view dominates both in the doctrine and in the case law of judgment). At the same time, it should be emphasized that determination of the will by error does not mean that the contractor does not have a positive act of will, as indicated by the words can. 1099 CIC/83 “dummodo non determinet voluntatem”. Error itself (as with can. 1096 CIC/83) does not nullify matrimonial consent, requiring the intervention of the will (the will is determined by error). The act of will to contract a dissolvable marriage, which is not a simulation act, is the actual intention of the counterparty towards a false (dissolvable) marriage. When it comes to this intervention of the will, it can be assumed that the error that determines the will to a dissolvable marriage (known to the contractor as the only one) constitutes de facto – implicite – the exclusion of indissolubility. Indeed, the intention to conclude a dissolvable marriage as a reality contrary to a true marriage (including an element inconsistent with the marriage institution in the subject of marriage consent) results in the implicit exclusion of the latter.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.12
  Issue No: Vol. 12, No. 1 (2023)
Extracode Circumstances Excluding Criminal Liability for Indignity a Human
Corpse or Grave
- Authors: Michał Najman
  Pages: 213 - 228
  Abstract: In Polish criminal law, there are a numerous circumstances excluding the illicitness of insulting a corpse or a resting place. These are: exhumation, autopsy, use of the corpse for scientific, artistic or medical purposes, as well as failure to bury the body. The aim of the article is to familiarize the reader with the above-mentioned institutions. It is also intended to point out that issues related to human corpses are regulated in many acts of both statutory and sub-statutory rank, which causes many problems when determining the legal status of a human body after death and, consequently, forces the legislator to reflect that these issues should be contained in a single piece of legislation.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.14
  Issue No: Vol. 12, No. 1 (2023)
Apostolic Process on John Nepomucene Neumann in the Diocese of Budweis
1897-1901
- Authors: Rudolf Svoboda
  Pages: 229 - 246
  Abstract: The process of the canonization and beatification of John Nepomucene Neumann began in 1886 in the Archdiocese of Philadelphia and the Diocese of Budweis. His canonization was completed in 1977. The study presents an as yet uncharted topic of the apostolic process in the Diocese of Budweis in 1897-1901 and other activities and events related to Neumann’s process of beatification and canonization in the Diocese Budweis until the decree on Neuman’s heroic virtues was issued in 1921.
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.13
  Issue No: Vol. 12, No. 1 (2023)
Soborze Watykańskim II. Studium historyczno-homiletyczne, [Proclamation
of the Divine Word in the Sanctuary in Kalwaria Zebrzydowska after Vatican
II]
- Authors: Jadwiga Potrzeszcz
  Pages: 249 - 252
  Abstract: Review
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.15
  Issue No: Vol. 12, No. 1 (2023)
Scholarly Conference “Ukrainian Greek Catholic Church in the Orbit of
John Paul II’s Concern”, Lublin, 6 September 2021
- Authors: Malwina Kędracka
  Pages: 255 - 259
  PubDate: 2023-06-29
  DOI: 10.18290/kip2023.16
  Issue No: Vol. 12, No. 1 (2023)

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