Church judge. Church judgment, mercy and faith. Church Court in Ancient Rus

2. An appeal against the decision of the diocesan court must be filed within ten working days from the date of direct delivery to the parties (or from the day they received by mail) a written notice of the resolution of the diocesan bishop.

If the deadline for filing an appeal is missed, the Church-wide court of second instance has the right to leave the appeal without consideration.

3. The appeal must contain:

information about the person who filed the complaint, indicating his place of residence or, if the appeal was filed by the canonical division of the Russian Orthodox Church, his location;
information about the contested decision of the diocesan court;
arguments (proper substantiation) of the appeal;

In the event that an appeal is filed without observing the requirements provided for in this paragraph, the secretary of the Church-wide court proposes to the person who filed the appeal to bring it in line with the established requirements.

4. The Church-wide court of second instance leaves an appeal without consideration in the following cases:

the appeal is signed and filed by a person who, in accordance with paragraph 1 of this article, does not have the authority to sign and present it;
non-observance of the conditions for appealing against the decision of the diocesan court provided for in paragraph 5 of Article 48 of these Regulations.

1. In the event that an appeal is accepted for consideration, the chairman of the All-Church Court shall send to the diocesan bishop:

a copy of the appeal against the decision of the diocesan court;
a request for submission to the General Church Court of the contested decision of the diocesan court and other case materials.

2. The Diocesan Bishop (within ten working days from the date of receipt of the request) shall send to the General Church Court:

response to the appeal;
the contested decision of the diocesan court and other case materials.

Article 55. Consideration of the case.

At the discretion of the Church-wide court of second instance, the case may be considered with the participation of the parties and other persons participating in the case (according to the rules provided for in Chapter 5 of this Regulation) or without the participation of the parties and other persons participating in the case (by examining the available case materials on the basis of the relevant of the Secretary of the Church-wide Court).

The case may be considered by the Church-wide court of second instance with the participation of the corresponding diocesan bishop.

Article 56. Decision of the General Church Court of Second Instance.

1. The general church court of second instance has the right:

to leave the decision of the diocesan court unchanged;
make a new decision on the case;
cancel the decision of the diocesan court in whole or in part and terminate the judicial proceedings in the case.

2. The decision of the Church-wide court of second instance shall be adopted and formalized by the judges who are part of the court in this case, in the manner prescribed by paragraphs 1, 2 of Article 45, as well as Article 46 of these Regulations.

3. In the event of a court session with the participation of the parties and other persons participating in the case, the decision of the Church-wide court of second instance shall be brought to the attention of the parties in the manner prescribed by paragraph 3 of Article 45 of these Regulations.

4. The decisions of the General Church Court of the second instance come into legal force from the moment of their approval by the Patriarch of Moscow and All Russia or the Holy Synod.

The corresponding resolution of the Patriarch of Moscow and All Russia or the Holy Synod shall be brought to the attention of the parties in the manner prescribed by paragraph 4 of Article 49 of these Regulations.

5. The decisions of the General Church Court of the second instance are not subject to appeal.

Article 57. Supervisory powers of the Church-wide court.

1. On behalf of the Patriarch of Moscow and All Russia, the General Church Court, in the order of supervision, requests from the diocesan bishops the decisions of the diocesan courts that have entered into legal force and other materials on any cases considered by the diocesan courts. The relevant materials must be submitted by the diocesan bishops within the time period established by the General Church Court.

2. Supervisory proceedings in the Church-wide court shall be carried out in accordance with the rules provided for in Articles 55-56 of these Regulations.

Chapter 7. The order of church legal proceedings at the Bishops' Council.

Article 58. Appeal against the decision of the Church-wide court of first instance.

1. An appeal against a decision of the Church-wide Court of First Instance that has entered into legal force shall be sent by the accused person for consideration to the nearest Bishops' Council in accordance with the rules provided for in Clauses 5 and 6 of Article 50 of these Regulations.

2. The appeal is signed by the person who filed the appeal. An anonymous appeal is not subject to consideration at the Council of Bishops.

3. An appeal must be filed with the Holy Synod no later than thirty working days from the date of direct delivery to the parties (or from the day they received by mail) a written notice containing information about the resolution of the Holy Synod or the Patriarch of Moscow and All Russia.

If the deadline for filing an appeal is missed, it may be left without consideration.

4. The appeal must contain:

information about the person who filed the complaint, indicating his place of residence;
information about the contested decision of the General Church Court of First Instance;
arguments of the appeal;
the request of the person who made the complaint;
list of attached documents.

5. An appeal shall not be subject to consideration if the conditions for appealing against the decision of the Church-wide court of first instance provided for in paragraphs 5 and 6 of Article 50 of these Regulations are not met.

Article 59. Decision of the Council of Bishops.

1. The Council of Bishops has the right:

make your own decision on the case;
leave the decision of the lower church court unchanged;
cancel the decision of the lower church court in whole or in part and terminate the proceedings.

2. The decision of the Council of Bishops comes into force from the moment of its adoption by the Council of Bishops and is not subject to appeal. A person convicted by the Council of Bishops has the right to send a petition to the Patriarch of Moscow and All Russia or to the Holy Synod for the consideration at the next Council of Bishops of the issue of alleviating or canceling the canonical bans (punishment) in respect of this person.

Article 60. The order of church legal proceedings at the Council of Bishops.

The procedure for church legal proceedings at the Council of Bishops is determined by the rules of procedure of the Council of Bishops. The preparation of relevant cases for consideration at the Council of Bishops is entrusted to the Holy Synod.

SECTION VI. FINAL PROVISIONS.

Article 61. Entry into force of this Regulation.

This Regulation comes into force from the date of its approval by the Council of Bishops.

Article 62. Application of this Regulation.

1. Cases on ecclesiastical offenses, which are a canonical obstacle to being in the clergy, are considered by the ecclesiastical courts in the manner prescribed by this Regulation in the event of the commission of these ecclesiastical offenses both before and after the entry into force of this Regulation, provided that the corresponding ecclesiastical offenses were deliberately concealed the accused person and in this connection have not previously been considered by the bodies of church authority and administration.

Cases for other ecclesiastical offenses are considered by ecclesiastical courts in case of committing the corresponding ecclesiastical offenses after the entry into force of this Regulation.

2. The Holy Synod approves the list of ecclesiastical offenses subject to consideration by ecclesiastical courts. If it is necessary to transfer to the diocesan court cases on ecclesiastical offenses not provided for in this list, diocesan bishops should apply to the General Church Court for clarification.

3. The Holy Synod approves the forms of documents used by church courts (including summons to a church court, minutes, court decisions).

3. On the proposal of the Chairman of the General Church Court, the Patriarch of Moscow and All Russia approves and informs the diocesan bishops of the explanations (instructions) of the Church General Court on the application of this Regulation by the diocesan courts.

The clarifications (instructions) of the General Church Court, approved in accordance with the established procedure, are binding on all diocesan courts.

4. Clarifications (instructions) on the application of these Regulations by the Church-wide court shall be approved by the Holy Synod.

5. The Church-wide Court responds to requests from the diocesan courts related to the application of this Regulation, and also prepares reviews of judicial practice, which are sent to the diocesan courts for use in legal proceedings.

_____________________

Oath of a Church Judge

I, the one named below, assuming the office of a church judge, promise to Almighty God before the Holy Cross and the Gospel that with the help of God I will strive to pass the forthcoming ministry of a judge of the church court in everything in accordance with the Word of God, with the canons of the Holy Apostles, Ecumenical and local councils and the holy fathers, and with all church rules, statutes and regulations.

I also promise that when considering any case in the church court I will strive to act conscientiously, justly, imitating the Righteous and Merciful Ecumenical Judge, our Lord Jesus Christ, so that the decisions made by the church court with my participation protect the flock of the Church of God from heresies, schisms, disorder and disorder and helped those who transgressed the commandment of God to come to the knowledge of the Truth, to repentance, correction and final salvation.

By participating in the adoption of judicial decisions, I promise to have in my thoughts not my honor, interest and benefit, but the glory of God, the blessing of the Holy Russian Orthodox Church and the salvation of my neighbors, in which may the Lord help me with His grace, prayers for the sake of the Most Holy Lady of our Theotokos and Ever-Virgin Mary and all the saints.

In conclusion of this promise, I whole the Holy Gospel and the Cross of my Savior. Amen.

Oath of a witness

The text of the oath of a witness belonging to the Orthodox Church:

I, name, patronymic and surname (the cleric also indicates his rank), giving testimony to the church court, before the Holy Cross and the Gospel promise to speak the truth and only the truth.
The text of the oath of a witness who does not belong to the Orthodox Church:

I, name, patronymic and surname, giving testimony to the church court, promise to speak the truth and only the truth.

In the plot:

July 17, 2008, 11:47 AM MEDIA MONITORING: The Cathedral was looking for answers. A new schism has arisen in the Russian Church
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Coursework by discipline:

"Canon law"

Church courts

Plan

Introduction

1) General provisions on the ecclesiastical court

2) Church punishments

3) Church court at present

Conclusion

List of references

Introduction

The judicial system of the Russian Orthodox Church (Moscow Patriarchate), hereinafter referred to as the "Russian Orthodox Church", is established by the Charter of the Russian Orthodox Church, adopted by the Bishops' Council of the Russian Orthodox Church on August 16, 2000, hereinafter referred to as the "Charter of the Russian Orthodox Church. Church ", as well as by this Regulation and is based on the sacred canons of the Orthodox Church, hereinafter referred to in the text of this Regulation as" sacred canons ".

The theme of my work is “Church Courts”. Purpose of work: study and consideration of church courts. Having her own laws and independently establishing the internal order of her life, the Church has the right, through her court, to protect these laws and order from their violation by her members. Judgment over believers is one of the essential functions of ecclesiastical authority based on divine right, as the Word of God shows.

1.Generalprovisions in ecclesiastical court

Cercomclear sumd - a system of bodies under the jurisdiction of one Church or another, exercising the functions of the judiciary on the basis of church legislation (church law). The Orthodox Church belongs, within its borders, three branches of government: 1) legislative, which issues laws for the implementation of the successful evangelical mission of the Church in this world, 2) executive, taking care of the implementation of these laws in the lives of believers, and 3) judicial, restoring violated rules and the statutes of the Church, resolving all kinds of disputes between members of the Church and morally correcting those who violate the Gospel commandments and church canons. Thus, the last branch of government, the judiciary, contributes to the preservation of the sanctity of church institutions and the divinely instituted order in the Church. The functions of this branch of government are carried out in practice by the church court.

1. Judicial power in the Russian Orthodox Church is exercised by ecclesiastical courts through ecclesiastical legal proceedings.

2. The judicial system in the Russian Orthodox Church is established by the sacred canons, this Charter and the "Regulations on the Church Court."

3. The unity of the judicial system of the Russian Orthodox Church is ensured by:

a) the observance by all ecclesiastical courts of the established rules of ecclesiastical legal proceedings;

b) recognition of the obligation for canonical subdivisions and all members of the Russian Orthodox Church to comply with judicial decisions that have entered into legal force.

4. Court in the Russian Orthodox Church is carried out by ecclesiastical courts of three instances:

a) by diocesan courts having jurisdiction within their dioceses;

b) a church-wide court, with jurisdiction within the Russian Orthodox Church;

c) the highest court - the court of the Council of Bishops, with jurisdiction within the Russian Orthodox Church.

5. Canonical bans, such as a lifelong ban in the priesthood, ejection from dignity, excommunication from the Church, are imposed by the Patriarch of Moscow and All Russia or the diocesan bishop with subsequent confirmation by the Patriarch of Moscow and All Russia.

6. The procedure for empowering judges of ecclesiastical courts is established by the sacred canons, this Statute and the "Regulations on the ecclesiastical court."

7. Lawsuits are accepted for consideration by the ecclesiastical court in the manner and under the conditions established by the “Regulations on the ecclesiastical court”.

8. The decisions of church courts that have entered into legal force, as well as their orders, demands, instructions, summons and other instructions are binding on all clerics and laity without exception.

9. The proceedings in all ecclesiastical courts are closed.

10. The Diocesan Court is the court of first instance.

11. Judges of diocesan courts may be clergy who have been empowered by the diocesan bishop to administer justice in the diocese entrusted to him.

The president of the court can be either a vicar bishop or a person in the priesthood. Members of the court must be persons in the priesthood.

12. The Diocesan Court is composed of at least five judges who hold the episcopal or priestly rank. The chairman, deputy chairman and secretary of the diocesan court shall be appointed by the diocesan bishop. The diocesan assembly elects, upon the recommendation of the diocesan bishop, at least two members of the diocesan court. The term of office of the diocesan court judges is three years, with the possibility of reappointment or re-election for a new term.

13. Early recall of the chairman or a member of the diocesan court is carried out by decision of the diocesan bishop.

14. Church proceedings are carried out in a court session with the participation of the President and at least two members of the court.

15. The jurisdiction and procedure for the proceedings of the diocesan court are determined by the “Regulations on the ecclesiastical court”.

16. The decisions of the diocesan court come into legal force and are subject to execution after their approval by the diocesan bishop, and in the cases provided for in paragraph 5 of this chapter - from the moment of approval by the Patriarch of Moscow and All Russia.

17. Diocesan courts are funded from diocesan budgets.

18. The Church-wide court hears as a court of first instance cases on ecclesiastical offenses of bishops and heads of Synodal institutions. The Church-wide Court is a court of second instance in cases of ecclesiastical offenses of clergy, monastics and laity, amenable to diocesan courts.

19. The general church court consists of the President and at least four members in the hierarchical rank, who are elected by the Council of Bishops for a term of 4 years.

20. The early recall of the Chairman or a member of a general church court is carried out by a decision of the Patriarch of Moscow and All Russia and the Holy Synod, with subsequent approval by the Council of Bishops.

21. The right to appoint an interim President or a member of a church-wide court in the event of a vacancy shall belong to the Patriarch of Moscow and All Russia and the Holy Synod.

22. The competence and procedure for the proceedings of the general church court are determined by the “Regulations on the church court”.

23. The decisions of the general church court are subject to execution after their approval by the Patriarch of Moscow and All Russia and the Holy Synod.

If the Patriarch of Moscow and All Russia and the Holy Synod disagree with the decision of the general church court, the decision of the Patriarch of Moscow and All Russia and the Holy Synod shall enter into force.

In this case, for a final decision, the case may be referred to the court of the Council of Bishops.

24. The general ecclesiastical court exercises judicial supervision over the activities of diocesan courts in the procedural forms provided for in the “Regulations on the Church Court”.

25. The general church court is financed from the general church budget.

26. The Court of the Bishops' Council is the ecclesiastical court of the highest instance.

27. Legal proceedings are carried out by the Council of Bishops in accordance with the “Regulations on the Church Court”.

28. Maintenance of the activities of church courts is carried out by the apparatus of these courts, which are subordinate to their chairmen and act on the basis of the “Regulations on the Church Court”.

By becoming a member of the Church, a person freely assumes all rights and obligations in relation to her. So, in particular, he must keep her dogmatic and moral doctrine clean, and also follow and obey all its rules. Violation of these duties is the direct subject of the ecclesiastical court. It follows from this that the crimes of the members of the Church against faith, morality and church statutes are subject to ecclesiastical judgment. The church, as a human society, assimilates the judicial power in relation to its members. During the proceedings, the bishop was assisted in examining complaints by authorized persons from the church clergy. However, even here the factor of the fallen human nature could manifest itself. The judicial system of the Russian Orthodox Church includes the following ecclesiastical courts:

· Diocesan courts, including dioceses of the Russian Orthodox Church Outside of Russia, Self-governing Churches, Exarchates that are part of the Russian Orthodox Church - with jurisdiction within the respective dioceses;

· The highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia, as well as the Self-governing Churches (if there are higher church courts in these Churches) - with jurisdiction within the respective Churches;

· Church-wide Court - with jurisdiction within the Russian Orthodox Church;

· The Bishops' Council of the Russian Orthodox Church - with jurisdiction within the Russian Orthodox Church.

The peculiarities of the church system of justice and legal proceedings within the Russian Orthodox Church Outside of Russia, as well as within the Self-governing Churches, may be determined by internal regulations (rules) approved by the authorized bodies of church authority and administration of these Churches. In the absence of the above internal regulations (rules), as well as their inconsistency with the Statute of the Russian Orthodox Church and this Statute, the church courts of the Russian Orthodox Church Outside of Russia and Self-Governing Churches must be guided by the Statute of the Russian Orthodox Church and this Statute. Church courts are intended to restore the disturbed order and structure of church life and are called to promote the observance of the sacred canons and other ordinances of the Orthodox Church. The judicial power exercised by the General Church Court derives from the canonical power of the Holy Synod and the Patriarch of Moscow and All Russia, which is delegated to the General Church Court. Diocesan bishops independently make decisions on cases of church offenses if these cases do not require investigation. If a matter requires investigation, the diocesan bishop transfers it to the diocesan court. The judicial authority exercised in this case by the diocesan court derives from the canonical authority of the diocesan bishop, which the diocesan bishop delegates to the diocesan court. The unity of the judicial system of the Russian Orthodox Church is ensured by:

· Observance by church courts of the established rules of church legal proceedings;

· Recognition of the obligation for all members and canonical subdivisions of the Russian Orthodox Church to comply with decisions of church courts that have entered into legal force.

A person accused of committing a church offense cannot be subjected to canonical interdiction (punishment) without sufficient evidence establishing the guilt of the person. When imposing a canonical ban (punishment), one should take into account the reasons for the commission of an ecclesiastical offense, the way of life of the guilty person, the motives for the commission of an ecclesiastical offense, acting in the spirit of ecclesiastical oikonomia, which presupposes condescension to the guilty person in order to correct him, or, in appropriate cases, in the spirit of the ecclesiastical acrivia, allowing the use of strict canonical injunctions against the guilty person for the purpose of his repentance. In the event that a cleric submits an obviously slanderous statement about the commission by a diocesan bishop of a church offense, the applicant is subject to the same canonical prohibition (punishment) that would have been applied against the accused if the fact that he had committed a church offense had been proven. The Diocesan Council carries out ecclesiastical proceedings in the manner prescribed by this Regulation for diocesan courts. The decisions of the Diocesan Council may be appealed to the General Church Court of second instance or revised by the General Church Court by way of supervision in accordance with the rules provided for by this Regulation for decisions of the diocesan courts. With regard to clergy and other persons appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the position of leaders of the Synodal and other church-wide institutions, the Church-wide Court shall consider only those cases that are related to the official activities of these persons in the respective institutions. In other cases, these persons are subject to the jurisdiction of the respective diocesan courts. On behalf of the Patriarch of Moscow and All Russia, the Deputy Chairman of the General Church Court may temporarily act as Chairman of the General Church Court. Bishops temporarily acting as the chairman or judges of the Church-wide court have the rights and bear the duties provided for by these Regulations, respectively, for the chairman or judges of the Church-wide court. The Church-wide court considers cases on charges against bishops of committing church offenses in full. Other cases are considered by the General Church Court in the composition of at least three judges, headed by the Chairman of the General Church Court or his deputy. The decision of the diocesan court on the case must be made no later than one month from the date the diocesan bishop issues an order to transfer the case to the diocesan court. If a more thorough investigation of the case is required, the diocesan bishop may extend this period at the reasoned request of the chairman of the diocesan court. The Patriarch of Moscow and All Russia or the Holy Synod determines the time frame for the consideration of the case in the Church-wide court of first instance. The extension of these terms is carried out by the Patriarch of Moscow and All Russia or the Holy Synod at the reasoned request of the chairman of the Church-wide court. In the event that a person within the jurisdiction of the General Church Court of First Instance is accused of committing an especially grave ecclesiastical offense entailing a canonical interdiction in the form of ejection from dignity or excommunication from the Church, the Patriarch of Moscow and All Russia or the Holy Synod shall have the right until the General Church Court of First Instance makes the appropriate decision temporarily dismiss the accused person from office or temporarily ban him from the priesthood. In the event that a case submitted to the General Church Court is subject to the jurisdiction of the Diocesan Court, the secretary of the General Church Court shall notify the diocesan bishop of the diocese in whose jurisdiction the accused person is of the ecclesiastical offense.

2. Church punishments

church court orthodox punishment

The task of the church court is not to punish the crime, but to assist in the correction (healing) of the sinner. In this regard, Bishop Nicodemus Milash writes: “The Church, using coercive measures against her member who has violated any church law, wants to induce him to correct and re-acquire the lost benefit, which he can only find in communion with her, and only in extreme cases deprives him of this communication altogether. The means used by the Church for this can be powerful, depending on how much it can benefit her and her dignity. As in any society, so in the Church, if the crimes of individual members were not condemned and the power of the law was not restrained by the power of the law, then such members could easily draw others along with them, and thus spread evil widely. Moreover, the order in the Church could be disturbed and her very life could be endangered if she did not have the right to excommunicate bad members from communion with herself, thus protecting the good and obedient members from infection. " We find thoughts about the need to apply corrective sanctions against sinners in order to affirm the good of the whole Church and preserve her dignity in the eyes of “outsiders” in the sixth canon of St. Basil the Great. He calls for the greatest severity to be shown in relation to the “consecrated to God” who fall into fornication: “For this is useful for the establishment of the Church, and heretics will not give an opportunity to reproach us, as if we would attract to ourselves by the allowance of sin.” Church punishment is not unconditionally imposed and can be canceled if the sinner repents and corrects himself. The Church accepts into its communion even those lay people who have been subjected to the most severe punishment - anathema, if only they bring appropriate repentance. Only the defrocking of persons who have received the sacrament of the priesthood (bishop, priest or deacon) is performed unconditionally, and thus has a punitive character. In the ancient Church, grave crimes resulted in excommunication from the Church. For a repentant expelled from the Church, who wanted to be accepted into the Church again, there was only one way - a long, sometimes even lifelong, public repentance. Somewhere in the 3rd century, a special procedure was established for the return of the repentant to the Church.

It was based on the idea of \u200b\u200ba gradual restoration of ecclesiastical rights, similar to the discipline by which new members were admitted to the Church, who underwent various degrees of publicity. There were four degrees of repentance: 1) weeping, 2) listening, 3) kneeling or kneeling, and 4) standing together. The length of stay in one degree or another of repentance could last for years, everything depended on the severity of the crime committed against the Church and its moral and theological teaching. During the entire penitential period, those who repent had to perform various works of mercy and carry out a certain fast. Over time, the practice of public repentance in the East gave way to penitential discipline. The system of gradual repentance was reflected in the sacred canons of the Church. Until 1917, grave crimes of members (laymen) of the Russian Orthodox Church were subject to an open ecclesiastical court and entailed the following types of ecclesiastical punishment:

1) church repentance (for example, in the form of a penance performed in a monastery or at the place of residence of the perpetrator, under the guidance of a confessor);

2) excommunication from the Church;

3) deprivation of church burial, appointed for suicide committed "with intent and not in madness, madness or temporary unconsciousness from any painful fits."

Punishment for clerics is different from that for lay people. For the very crimes for which the laity are subjected to excommunication, the clerics are punished by expulsion from their dignity. Only in some cases the rules suggest double punishment for clergy - both eruption and excommunication from church communion. Eruption from the spiritual dignity means, in the church rules, the deprivation of all rights of the sacred degree and church service and relegation to the state of a layman, with no hope of returning the lost rights and titles. In addition to this supreme degree of punishment for clergy, the church rules indicate many other punishments, less severe, with very different shades.

For example - permanent deprivation of the right to worship, leaving only the name and honor; the prohibition of religious services for a time, with the abandonment of the right to use material income from the place; deprivation of any one right associated with sacred service (for example, the right to preach, the right to appoint clergy); deprivation of the right to production to the highest degree of the priesthood, etc. Beginning in the fifth century, when the building of monasteries became widespread in the world, clergy forbidden from the priesthood were usually placed in the monastery for a time or permanently.

At the cathedrals there were special rooms for the guilty clergy. Until 1917, in the Charter of the Spiritual Consistories, which guided the diocesan courts of the Russian Orthodox Church, there were the following punishments for clergy: 1) deprivation of priesthood, with expulsion from the spiritual department; 2) deprivation of dignity, with abandonment in the clerical department in lower positions; 3) a temporary ban in the clergy, with dismissal from office and with appointment to the clergy; 4) a temporary ban in the priesthood, without removal from the place, but with the imposition of penance in a monastery or on the spot; 5) a temporary trial in a monastery or in a bishop's house; 6) detachment from the place; 7) exclusion for the state; 8) strengthening of supervision; 9) penalty and pecuniary penalty; 10) bows; 11) severe or simple reprimand; 12) remark. The Statute of the Consistories describes in detail the order for which crimes of the clerics are punished.

3. Ecclesiastical court now

Clause 9 of Chapter 1 of the ROC Charter of 2000 prohibits “officials and employees of canonical divisions, as well as clergy and laity” “to apply to government bodies and a civil court on issues related to internal church life, including canonical administration, church organization, liturgical and pastoral activity ”. On June 26, 2008, the Council of Bishops of the ROC approved the "Regulations on the Church Court of the Russian Orthodox Church" and the proposed amendments to the Statute of the Russian Orthodox Church of 2000, according to which the judicial system of the ROC includes 3 instances: diocesan courts, the General Church Court and the Court of the Bishops' Council, as well as the highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia and the Self-Governing Churches. Position provides for the delegated nature of ecclesiastical proceedings: “The judicial power exercised by the Church-wide Court derives from the canonical power of the Holy Synod and the Patriarch of Moscow and All Russia, which is delegated to the Church-wide court” (Clause 1); "The judicial authority exercised in this case [if the diocesan bishop transfers the matter requiring investigation to the diocesan court] by the diocesan court derives from the canonical authority of the diocesan bishop, which the diocesan bishop delegates to the diocesan court" (Clause 2). “The hearing of cases in the ecclesiastical court is closed” (Clause 2 of Article 5). A statement of an ecclesiastical offense is left without consideration and the proceedings are terminated, in particular, if the alleged ecclesiastical offense (the emergence of a dispute or disagreement) was committed before the entry into force Provisions (Article 36), excluding cases of ecclesiastical offenses, which are a canonical obstacle to stay in the clergy (paragraph 1 of Article 62). On the proposal of the Presidium of the Council of Bishops (2008), the following persons were elected to the General Church Court for a term of four years: Metropolitan of Yekaterinodar and Kuban Isidor (Kirichenko) (chairman), Metropolitan of Chernivtsi and Bukovynsky Onufry (deputy chairman), Archbishop of Vladimir and Suzdal Eulogius ( Smirnov); Archbishop Feodosiy of Polotsk and Glubokoe; Bishop Alexander of Dmitrov (secretary). According to Archpriest Pavel Adelheim (ROC) and others, the public-legal status of the established court of the ROC is unclear, the existence and functioning of which in the proposed form contradicts both the current Russian legislation and church law.

On May 17, 2010, the first session of the All-Church Court of the Moscow Patriarchate was held in the refectory chambers of the Cathedral of Christ the Savior; the decisions were approved by the Patriarch on June 16, 2010.

Conclusion

By its very nature, the ecclesiastical court can concern (as already mentioned) all open violations of the rules of faith, the statutes of deanery, moral Christian laws and the internal order of the church system, especially those violations that are accompanied by the temptation or persistence of the guilty.

Since most of the crimes, not only against moral laws, but also against faith or the Church, are also prosecuted by the secular court of the state, the activity of the ecclesiastical court, in relation to such crimes, is limited to what the ecclesiastical authority imposes on the guilty, after the judgment of the secular courts, appropriate ecclesiastical punishments, in addition to criminal penalties, and, in addition, transfers to the secular court the crimes prosecuted by the state, which are opened during the proceedings in the spiritual, and sometimes in the secular department.

Indicating the types of crimes that subject the guilty person to the church court, negligence in the performance of Christian duty, violation of oaths, blasphemy, disrespect to parents, neglect of parents for the religious and moral education of children, illegal marriages, sacrilege and fornication of all kinds, attempted suicide, failure to provide assistance to the perishing one, unintentional the death of someone, the coercion by the parents of children to enter into criminal laws do not count among them many crimes, for which, however, church laws impose an epitym, sometimes severe criminal punishment for these crimes is considered sufficient; to clear the conscience of the convicted is provided by private pastoral measures; the same measures must be taken to correct those acts contrary to religious and moral rules that are not specified in criminal laws.

Listliterations

1. Lectures on Church Law by Honored Professor Archpriest V.G. Pevtsova.

2. Bulgakov Macarius, Metropolitan of Moscow and Kolomna. Orthodox dogmatic theology. M., 1999.

3. Pavlov A.S. Church Law Course. Holy Trinity Sergius Lavra, 1902.

4. Bolotov V.V. Lectures on the history of the ancient Church. M., 1994, book. III,

5. Milash Nicodemus, Bishop of Dalmatian and Istria. Canon law.

6. Official site of the Moscow Patriarchate / Chapter 7 Church Court.

7. E.V. Belyakov. Church court and problems of church life. M., 2004.

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The regulations were adopted at the plenary session of the Council of Bishops of the Russian Orthodox Church on June 26, 2008. At the Council of Bishops in 2017, the Regulations were included in the text (see as amended in 2017), in connection with which this version of the document became invalid.

SECTION I. GENERAL PROVISIONS.

Chapter 1. The main principles of the church judicial system and legal proceedings.

Article 1. The structure and canonical foundations of the judicial system of the Russian Orthodox Church.

1. The judicial system of the Russian Orthodox Church (Moscow Patriarchate), hereinafter referred to as the "Russian Orthodox Church", is established by the Charter of the Russian Orthodox Church, adopted by the Bishops' Council of the Russian Orthodox Church on August 16, 2000, hereinafter referred to as the "Charter Russian Orthodox Church ", as well as this Regulation and is based on the sacred canons of the Orthodox Church, hereinafter referred to in the text of this Regulation as" sacred canons ".

2. The judicial system of the Russian Orthodox Church includes the following ecclesiastical courts:

diocesan courts, including the dioceses of the Russian Orthodox Church Outside of Russia, Self-governing Churches, Exarchates that are part of the Russian Orthodox Church - with jurisdiction within the respective dioceses;
the highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia, as well as the Self-Governing Churches (if there are higher ecclesiastical courts in these Churches) - with jurisdiction within the respective Churches;
The General Church Court - with jurisdiction within the Russian Orthodox Church;
The Bishops' Council of the Russian Orthodox Church - with jurisdiction within the Russian Orthodox Church.

3. The ecclesiastical courts of the Russian Orthodox Church exercise judicial power, guided by the sacred canons, the Statute of the Russian Orthodox Church, these Regulations and other ordinances of the Orthodox Church.

4. The ecclesiastical courts of the Russian Orthodox Church, hereinafter referred to as “ecclesiastical courts”, have jurisdiction over cases against persons under the jurisdiction of the Russian Orthodox Church. Church courts do not accept cases involving deceased persons.

Article 2. Purpose of Church Courts.

Church courts are intended to restore the disturbed order and structure of church life and are called to promote the observance of the sacred canons and other ordinances of the Orthodox Church.

Article 3. Delegated nature of ecclesiastical proceedings.

1. The fullness of the judicial power in the Russian Orthodox Church belongs to the Council of Bishops of the Russian Orthodox Church, hereinafter referred to as the “Council of Bishops”. Judicial power in the Russian Orthodox Church is also exercised by the Holy Synod of the Russian Orthodox Church, hereinafter referred to as the “Holy Synod,” and the Patriarch of Moscow and All Russia.

The judicial power exercised by the General Church Court derives from the canonical power of the Holy Synod and the Patriarch of Moscow and All Russia, which is delegated to the General Church Court.

2. The fullness of the judicial power in dioceses belongs to the diocesan bishops.

Diocesan bishops independently make decisions on cases of church offenses if these cases do not require investigation.

If a matter requires investigation, the diocesan bishop transfers it to the diocesan court.

The judicial authority exercised in this case by the diocesan court derives from the canonical authority of the diocesan bishop, which the diocesan bishop delegates to the diocesan court.

Article 4. Unity of the judicial system of the Russian Orthodox Church.

The unity of the judicial system of the Russian Orthodox Church is ensured by:

observance by church courts of the established rules of church legal proceedings;
recognition of the obligation for all members and canonical subdivisions of the Russian Orthodox Church to comply with decisions of church courts that have entered into legal force.

Article 5. Language of church legal proceedings. The closed nature of the consideration of cases in the church court.

1. Church proceedings at the Council of Bishops and at the General Church Court shall be conducted in Russian.

2. Consideration of cases in the ecclesiastical court is closed.

Article 6. Rules for imposing canonical bans (punishment). Conciliatory Dispute Resolution Procedure.

1. Canonical bans (punishment) should prompt a member of the Russian Orthodox Church who has committed an ecclesiastical offense to repentance and correction.

A person accused of committing an ecclesiastical offense cannot be subjected to canonical interdiction (punishment) without sufficient evidence establishing the guilt of this person (Canon 28 of the Carthaginian Council).

2. When imposing a canonical ban (punishment), one should take into account the reasons for the commission of an ecclesiastical offense, the lifestyle of the guilty person, the motives for the commission of an ecclesiastical offense, acting in the spirit of ecclesiastical oikonomia, which presupposes condescension to the guilty person in order to correct him, or in appropriate cases - in the spirit church acrivia, which allows the use of strict canonical injunctions against the guilty person for the purpose of his repentance.

If a cleric submits an obviously slanderous statement that a diocesan bishop has committed a church offense, the applicant is subjected to the same canonical prohibition (punishment) that would have been applied against the accused if the fact that he had committed a church offense had been proven (II Ecumenical Council rule 6).

3. If, during the trial, the church court comes to the conclusion that there is no fact of a church offense and (or) the innocence of the accused person, it is the responsibility of the church court to conduct a conciliatory procedure in order to settle the disagreements that have arisen between the parties, which must be recorded in the minutes of the court session.

Chapter 2. Powers of judges of the ecclesiastical court.

Article 7. Powers of the President and Members of the Church Court.

1. The president of the ecclesiastical court appoints the time of sittings of the ecclesiastical court and conducts these sessions; exercises other powers necessary for the ecclesiastical legal proceedings.

2. The deputy chairman of the church court, on behalf of the chairman of the church court, conducts sittings of the church court; carries out other instructions of the chairman of the church court, necessary for church legal proceedings.

3. The clerk of the ecclesiastical court shall receive, register and submit to the appropriate ecclesiastical court statements of ecclesiastical offenses and other documents addressed to the ecclesiastical court; keeps minutes of meetings of the church court; sends summons to the church court; is responsible for the maintenance and storage of the archive of the church court; exercises other powers provided for by these Regulations.

4. Members of the ecclesiastical court participate in court hearings and other actions of the ecclesiastical court in the composition and procedure provided for by this Regulation.

Article 8. Early termination and suspension of powers of a judge of a church court.

1. The powers of a judge of an ecclesiastical court shall be terminated ahead of schedule in accordance with the procedure established by this Regulation on the following grounds:

a written petition of a judge of a church court for dismissal from office;
inability for health reasons or other valid reasons to exercise the powers of a judge of a church court;
death of a judge of a church court, declaring him deceased or recognizing him as missing in accordance with the procedure established by state legislation;
entry into legal force of the decision of the church court on the charge of the judge in the commission of the church offense.

2. The powers of a judge of an ecclesiastical court shall be suspended if the ecclesiastical court accepts a case on the charge of a given judge with committing an ecclesiastical offense.

Article 9. Self-rejection of a judge of a church court.

1. A judge of an ecclesiastical court cannot hear a case and must recuse himself if he:

is a relative (up to the 7th degree) or a relative (up to the 4th degree) of the parties;
consists in direct service relations with at least one of the parties.

2. The composition of the ecclesiastical court considering a case may not include persons who are related to each other (up to the 7th degree) or property (up to the 4th degree).

3. In the presence of the grounds for self-recusation provided for by this article, the judge of the church court must declare self-recusation.

4. A motivated self-challenge must be declared prior to the commencement of the trial.

5. The question of the self-recusation of a judge of a church court shall be decided by the composition of the court considering the case, in the absence of the challenged judge.

6. If the ecclesiastical court satisfies the self-challenge declared by the judge, the ecclesiastical court replaces the given judge with another judge of the ecclesiastical court.

Chapter 3. Persons participating in the case. Summons to the Church Court.

Article 10. Composition of persons participating in the case.

1. The persons participating in the case are the parties, witnesses and other persons who have been brought by the church court to participate in the case.

2. The parties in the cases of ecclesiastical offenses are the applicant (if there is a statement about the ecclesiastical offense) and the person accused of committing the ecclesiastical offense (hereinafter - the accused person).

The disputing parties act as parties to the cases of disputes and disagreements within the jurisdiction of ecclesiastical courts.

Article 11. Summons to Church Court.

1. A summons to the ecclesiastical court may be handed over to persons participating in the case, against receipt, sent by registered mail with acknowledgment of receipt, by telegram, by fax or in any other way, provided that the call is recorded.

2. Summons to the ecclesiastical court are sent in such a way that their addressee has sufficient time to appear in a timely manner in the ecclesiastical court.

3. A summons to the ecclesiastical court shall be sent to the place of residence or service (work) of the addressee in the canonical division of the Russian Orthodox Church. The persons participating in the case are obliged to inform the church court about the change of their address. In the absence of such a message, the call is sent to the last known place of residence or place of service (work) of the addressee in the canonical division of the Russian Orthodox Church and is considered delivered, even if the addressee no longer lives or does not serve (does not work) at this address.

Article 12. Content of a summons to a church court.

The summons to the ecclesiastical court is drawn up in writing and contains:

the name and address of the church court;
indication of the time and place of appearance in the church court;
the name of the addressee summoned to the church court;
an indication as to whom the addressee is called;
necessary information about the case in which the addressee is called.

Chapter 4. Types, collection and assessment of evidence. Terms of church legal proceedings.

Article 13. Evidence.

1. Evidence is information obtained in accordance with the procedure stipulated by this Regulation, on the basis of which the church court establishes the presence or absence of relevant circumstances.

2. This information can be obtained from the explanations of the parties and other persons; testimony of witnesses; documents and material evidence; audio and video recordings; expert opinions. The receipt and dissemination by a church court of information constituting a secret of private life, including family secrets, is allowed only with the consent of the persons to whom this information relates.

3. The collection of evidence is carried out by the persons participating in the case and the church court. The church court collects evidence by:

obtaining from the persons participating in the case and other persons with their consent of objects, documents, information;
interviewing persons with their consent;
requesting characteristics, certificates and other documents from the canonical divisions of the Russian Orthodox Church, which are obliged to provide the requested documents or their duly certified copies on the basis of a request from the church court.

4. The ecclesiastical court verifies the reliability of evidence by establishing its sources and methods of obtaining. The ecclesiastical court examines and evaluates the evidence comprehensively.

5. The ecclesiastical court does not have the right to give preference to some evidence over others and must evaluate all the evidence in the case in their totality. It is not allowed to use as evidence the explanations of the parties and the testimony of a witness based on guesswork, assumption, hearsay, as well as the testimony of a witness who cannot indicate the source of his knowledge.

6. Evidence obtained in violation of the requirements of this Regulation cannot be used by church courts.

Article 14. Grounds for exemption from proof.

1. Circumstances established by an effective decision of a church court on a previously considered case are binding on all church courts. These circumstances are not proven again.

2. The circumstances established by the sentences (decisions) of state courts that have entered into legal force, as well as protocols on administrative offenses, are not subject to verification and proof.

1. The ecclesiastical court, if it is necessary to obtain evidence at the disposal of the canonical divisions of the Russian Orthodox Church, or evidence located in another diocese, sends a corresponding request.

2. The request summarizes the essence of the case under consideration and the circumstances to be clarified.

3. During the execution of the request, the consideration of the case in the church court may be postponed.

Article 16. Explanations of the parties and other persons brought by the church court to participate in the case.

1. Explanations of the parties and other persons brought by the church court to participate in the case, about the circumstances of the case known to them, may be given both in the course of preparing the case for consideration, and at a meeting of the church court in oral or written form. These explanations are subject to verification and assessment by the ecclesiastical court along with other evidence.

2. An oral explanation shall be entered into the protocol and signed by the party who gave the corresponding explanation. A written explanation is attached to the case file.

3. The applicant is warned of canonical responsibility for knowingly false denunciation of an allegedly committed church offense.

Article 17. Documents.

1. Documents are written materials on paper or electronic media (including protocols of examination of material evidence), containing information about the relevant circumstances.

2. Documents are submitted in original or in the form of a copy.

Copies of documents requiring notarization according to state legislation must be notarized.

Copies of documents issued by the canonical division of the Russian Orthodox Church must be certified by an authorized person of this canonical division.

Originals of documents are submitted when the case cannot be resolved without these originals or when copies of the document are presented that are different in their content.

3. The originals of the documents in the case shall be returned to the persons who provided them after the entry into force of the decision of the church court. In this case, copies of these documents, certified by the secretary of the church court, are attached to the case materials.

Article 18. Testimony.

1. A witness is a person who knows any information about the relevant circumstances.

2. A person requesting to summon a witness is obliged to indicate what circumstances of the case the witness can confirm and to inform the church court of his surname, first name, patronymic and place of residence (of service or work in the canonical division of the Russian Orthodox Church).

3. In the event that a church court has brought them witnesses, there must be at least two (Apostolic Canon 75; II Ecumenical Council Canon 2). At the same time, the following are not subject to involvement as witnesses:

persons who are outside church communion (with the exception of cases on charges of committing church offenses against a neighbor and Christian morality (Canon 144 of Carthage; Canon 75 of Apostles; Canon II of Ecumenical Council 6);
persons incapacitated in accordance with state legislation;
persons convicted by a church court for knowingly false denunciation or perjury (II Ecumenical Council rule 6);
clerics for reasons that became known to them from confession.

4. A person who agrees to act as a witness appears in the church court at the appointed time and gives evidence. Oral testimony is recorded in the protocol and signed by the witness who gave the appropriate testimony. Written evidence is attached to the case file. When testifying, the witness is warned of the canonical responsibility for perjury and takes an oath.

5. If necessary, the ecclesiastical court may re-obtain the testimony of witnesses, including to clarify contradictions in their testimony.

Article 19. Physical evidence.

1. Material evidence are things and other objects with the help of which the circumstances of the case are clarified.

2. When preparing a case for consideration in a church court, material evidence shall be examined at the place of their location. If necessary, material evidence can be brought for examination to a church court. The inspection data are recorded in the protocol.

3. Material evidence after the entry into force of the decision of the church court shall be returned to the persons from whom they were received, or transferred to persons entitled to these items.

4. If it is necessary to inspect (deliver to the church court) material evidence located on the territory of the diocese, the chairman of the church court, in agreement with the diocesan bishop of the corresponding diocese, sends an employee of the church court apparatus to this diocese to inspect (deliver to the church court) the necessary material evidence. An employee of the church court apparatus draws up a protocol of the examination of material evidence and, if necessary, takes photographs (video recording).

At the request of the chairman of the church court, the diocesan bishop may send for examination (delivery to the church court) the necessary material evidence of the deanery of the deanery on the territory of which the material evidence is located. In this case, the dean is instructed to draw up a protocol of the examination of the material evidence and, if necessary, take photographs (video recording).

Article 20. Audio and video recordings.

A person presenting audio and (or) video recordings on an electronic or other medium to a church court is obliged to indicate the place and time of making audio and (or) video recordings, as well as information about the persons who made them.

Article 21. Conclusions of experts.

1. If in the process of considering a case questions requiring special knowledge arise, the church court shall appoint an expert examination.
An expert may be a person with special knowledge in matters that are considered by the church court. The examination can be assigned to a specific expert or several experts.

2. The expert gives a reasoned written opinion on the issues put before him and sends it to the church court that appointed the expert examination. The expert opinion must contain detailed description the study, made as a result of its conclusions and answers to the questions raised by the church court. An expert can be invited to a meeting of a church court, involved in the receipt, examination and study of material and other evidence.

3. In the event that the expert's interest in the outcome of the case is established, the church court has the right to entrust the conduct of the examination to another expert.

4. In cases of insufficient clarity or incompleteness of the expert's conclusion, as well as in connection with the presence of contradictions in the conclusions of several experts, the church court may appoint a re-examination, entrusting it to the same or another expert.

Article 22. Terms of church proceedings.

1. The actions of the ecclesiastical court and the persons participating in the case shall be performed within the time limits established by the ecclesiastical court, unless otherwise provided by this Regulation.

2. Persons who missed the deadline for reasons recognized by the church court as valid, the missed deadline (at the discretion of the church court) may be restored. An application for the restoration of the missed deadline is submitted to the appropriate ecclesiastical court.

Section II. DIARCHIAL COURT.

Article 23. Procedure for the creation of a diocesan court.

1. Diocesan courts are created by the decision of the diocesan bishop (Chapter VII of the Statute of the Russian Orthodox Church).

2. As an exception (with the blessing of the Patriarch of Moscow and All Russia), the functions of the diocesan court in the diocese may be entrusted to the diocesan council.

In this case, the powers of the chairman of the diocesan court are exercised by the diocesan bishop or a member of the diocesan council authorized by him; the powers of the deputy chairman of the diocesan court and the secretary are vested in the members of the diocesan council at the discretion of the diocesan bishop.

The Diocesan Council carries out ecclesiastical legal proceedings in the manner prescribed by this Regulation for diocesan courts. The decisions of the Diocesan Council may be appealed to the General Church Court of second instance or revised by the General Church Court by way of supervision in accordance with the rules provided for by this Regulation for decisions of the diocesan courts.

Article 24. Cases subject to the jurisdiction of the diocesan court.

The Diocesan Court considers:

in relation to clergy - cases on charges of committing ecclesiastical offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of dismissal, dismissal from office, temporary or life-long ban in the clergy, dedication, excommunication ;
in relation to lay people belonging to the category of church officials, as well as monastics - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of dismissal, temporary excommunication from church communion, or excommunication from the Church;
other cases that, at the discretion of the diocesan bishop, require investigation, including cases on the most significant disputes and disagreements between clergy, provided for in Article 2 of these Regulations.

Article 25. Composition of the Diocesan Court.

1. The Diocesan Court shall be composed of at least five judges who hold the episcopal or priestly rank.

2. The diocesan bishop shall appoint the chairman, deputy chairman and secretary of the diocesan court. The remaining judges of the Diocesan Court are elected by the Diocesan Assembly on the proposal of the Diocesan Bishop.

3. The term of office of the judges of the diocesan court is three years, with the possibility of reappointment or re-election for a new term (without limiting the number of reappointments (re-elections).

4. All judges of the diocesan court, before assuming office (at the first court session), take an oath in the presence of the diocesan bishop.

5. Early termination of the powers of judges of the diocesan court on the grounds provided for in Article 8 of these Regulations shall be carried out by a decision of the diocesan bishop. In the event of vacancies formed, the right to appoint interim judges of the diocesan court (until the appointment or election of judges in accordance with the established procedure) belongs to the diocesan bishop. On the instructions of the diocesan bishop, the deputy chairman of the diocesan court may temporarily act as chairman of the diocesan court. Persons temporarily acting as the chairman or judges of the diocesan court have the rights and bear the duties provided for by this Regulation, respectively, for the chairman or judges of the diocesan court.

6. Cases on accusations of clergy of committing ecclesiastical offenses entailing canonical bans in the form of a life-long ban in the ministry, expulsion from dignity, excommunication from the Church is considered by the diocesan court in full.

In other cases, the diocesan court shall hear from at least three judges, including the president of the diocesan court or his deputy.

Article 26. Support for the activities of the diocesan court.

1. The maintenance of the activities of the diocesan court shall be entrusted to the apparatus of the diocesan court, whose employees are appointed by the diocesan bishop.

2. The Diocesan Court is financed from the Diocesan budget.

3. The cases considered by the diocesan court shall be kept in the archives of the diocesan court for five years from the date of the end of the proceedings. After this period, the cases are transferred to the archives of the Diocese for storage.

SECTION III. CHURCH COURT.

Article 27. Procedure for Establishing a General Church Court.

The general church court is created by the decision of the Council of Bishops.

Article 28. Cases amenable to the General Church Court.

1. The general church court considers as the church court of first instance:

in relation to bishops (with the exception of the Patriarch of Moscow and All Russia) - cases on charges of committing ecclesiastical offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of release from the administration of the Diocese, dismissal, temporary or life-long ban in the ministry, ejection from dignity, excommunication;
in relation to clergy appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the office of leaders of Synodal and other church-wide institutions - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishment) in the form of exemption from office, temporary or lifelong prohibition in the priesthood, deposed, excommunication;
in relation to other persons appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the position of heads of Synodal and other church-wide institutions - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of release from office, temporary excommunication from church communion or excommunication from the Church;
other cases in relation to the above persons referred by the Patriarch of Moscow and All Russia or the Holy Synod to the Church-wide Court of First Instance, including cases on the most significant disputes and disagreements between the bishops, provided for in Article 2 of these Regulations.

With regard to clergy and other persons appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the position of leaders of the Synodal and other church-wide institutions, the Church-wide Court shall consider only those cases that are related to the official activities of these persons in the respective institutions. In other cases, these persons are subject to the jurisdiction of the respective diocesan courts.

2. The general church court shall consider, as a church court of second instance, cases:

considered by the diocesan courts and sent by the diocesan bishops to the General Church Court for final resolution;
on appeals of the parties against decisions of diocesan courts;
considered by the highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia or the Self-Governing Churches (if there are higher ecclesiastical courts in these Churches) and transferred by the primates of the respective Churches to the General Church Court;
on appeals of the parties against decisions of the higher ecclesiastical courts of the Russian Orthodox Church Outside of Russia or Self-Governing Churches (if there are higher church courts in these Churches).

3. On behalf of the Patriarch of Moscow and All Russia or the Holy Synod, the Church-wide court has the right to revise, by way of supervision, decisions of diocesan courts that have entered into legal force.

Article 29. Composition of the General Church Court.

1. The general church court consists of a chairman and four members of the hierarchical rank, who are elected by the Council of Bishops on the proposal of the Presidium of the Council of Bishops for a period of four years with the right to be re-elected for a new term (but not more than three consecutive terms). The deputy chairman and secretary of the Church-wide court are appointed by the Patriarch of Moscow and All Russia from among the members of the Church-wide court.

2. The early termination of the powers of the chairman or members of the General Church Court on the grounds provided for in Article 8 of these Regulations shall be carried out by a decision of the Holy Synod headed by the Patriarch of Moscow and All Russia with subsequent approval by the Bishops' Council. In the event of vacancies that have arisen, the right to appoint interim judges of the Church-wide Court (until the election of judges in the prescribed manner) belongs to the Holy Synod, headed by the Patriarch of Moscow and All Russia, and in cases that do not require delay - to the Patriarch of Moscow and All Russia.

On behalf of the Patriarch of Moscow and All Russia, the Deputy Chairman of the General Church Court may temporarily act as Chairman of the General Church Court.

Bishops temporarily acting as the chairman or judges of the Church-wide court have the rights and bear the duties provided for by these Regulations, respectively, for the chairman or judges of the Church-wide court.

3. The Church-wide court shall consider cases on charges against bishops of committing church offenses in full.
Other cases are considered by the General Church Court in the composition of at least three judges, headed by the Chairman of the General Church Court or his deputy.

Article 30. Provision of activities and location of the General Church Court. Archive of the General Church Court.

1. Maintenance of the activity of the General Church Court and the preparation of relevant cases for consideration shall be assigned to the apparatus of the General Church Court. The number and composition of the staff of the General Church Court apparatus is determined by the Patriarch of Moscow and All Russia on the proposal of the Chairman of the General Church Court.

2. The Church-wide Court is financed from the Church-wide budget.

3. Sessions of the General Church Court are held in Moscow. With the blessing of the Patriarch of Moscow and All Russia, the General Church Court may hold offsite sessions on the territory of the dioceses of the Russian Orthodox Church.

4. Cases considered by the Church-wide court shall be kept in the archives of the Church-wide court for five years from the date of the end of the proceedings. After this period expires, the files are transferred to the archives of the Moscow Patriarchate for storage.

SECTION IV. COURT OF THE ARCHIEREAN COUNCIL.

Article 31. Cases within the jurisdiction of the Bishops' Council.

1. The Council of Bishops considers cases of dogmatic and canonical deviations in the activities of the Patriarch of Moscow and All Russia as an ecclesiastical court of first and last instance.

2. The Council of Bishops shall consider, as a church court of second instance, cases against bishops and leaders of Synodal and other church-wide institutions:

considered by the General Church Court of First Instance and sent by the Patriarch of Moscow and All Russia or the Holy Synod for consideration by the Council of Bishops for a final decision;
on appeals of bishops or heads of Synodal and other church-wide institutions against decisions of the Church-wide Court of First Instance that have entered into legal force.

The Holy Synod or the Patriarch of Moscow and All Russia has the right to send for consideration to the Council of Bishops other cases that fall within the jurisdiction of lower church courts, if these cases require an authoritative judicial-conciliar decision.

3. The Council of Bishops is a court of higher jurisdiction for the bishops of the Russian Orthodox Church Outside of Russia, Self-governing Churches and Exarchates of the Russian Orthodox Church.

4. The Council of Bishops has the right:

revise, by way of supervision, the decisions of the Church-wide court that have entered into legal force;
consider, on the proposal of the Patriarch of Moscow and All Russia or the Holy Synod, the issue of easing or canceling the canonical interdiction (punishment) in relation to a person convicted by the previous Council of Bishops (if there is a corresponding petition from that person).

Article 32. Procedure for the formation and powers of the Judicial Commission of the Council of Bishops.

If it is necessary to consider specific cases of ecclesiastical offenses, the Council of Bishops forms a Judicial Commission of the Council of Bishops, consisting of a chairman and at least four members in the hierarchical rank, who are elected by the Council of Bishops on the proposal of the Holy Synod for the period of the corresponding Council of Bishops. The Secretary of the Judicial Commission of the Council of Bishops is appointed by the Holy Synod from among the members of this commission.

The judicial commission of the Council of Bishops examines the materials of the case, draws up a certificate containing a canonical (using the norms of church law) analysis of the circumstances of the case, and submits to the Council of Bishops a corresponding report with the necessary documents attached.

SECTION V. THE ORDER OF CHURCH PROCEEDINGS.

Chapter 5. The order of ecclesiastical legal proceedings in diocesan courts and in the Church-wide court of first instance.

1. Acceptance of the case for consideration.

Article 33. Procedure for accepting a case for consideration. Terms of consideration of the case.

1. A case requiring investigation is referred by the diocesan bishop to the diocesan court if the following grounds are present:

a message about a church offense received from other sources.

The diocesan bishop issues an order on the transfer of the case to the diocesan court, which he sends to the diocesan court along with a statement of a church violation (if any) and other information about a church violation.

The decision of the diocesan court on the case must be made no later than one month from the date the diocesan bishop issues an order to transfer the case to the diocesan court. If a more thorough investigation of the case is necessary, the diocesan bishop may extend this period at the reasoned request of the chairman of the diocesan court.

If the case is not subject to the jurisdiction of the diocesan court of the given diocese, the diocesan bishop informs the diocesan bishop of that diocese, in whose jurisdiction the accused person is, about the ecclesiastical offense.

2. The Church-wide court of first instance accepts the case for consideration on the basis of an order of the Patriarch of Moscow and All Russia or the Holy Synod. The case is referred to the Church-wide Court of First Instance if the following grounds exist:

a statement about a church violation;
a message about the committed church offense received from other sources.

The Patriarch of Moscow and All Russia or the Holy Synod determines the time frame for the consideration of the case in the Church-wide court of first instance. The extension of these terms is carried out by the Patriarch of Moscow and All Russia or the Holy Synod at the reasoned request of the chairman of the General Church Court.

In the event that a person within the jurisdiction of the General Church Court of First Instance is accused of committing an especially grave ecclesiastical offense, entailing a canonical interdiction in the form of ejection from dignity or excommunication from the Church, the Patriarch of Moscow and All Russia or the Holy Synod shall have the right until the General Church Court of First Instance makes the appropriate decision to temporarily release the accused person from office or temporarily ban him from the priesthood.

In the event that a case submitted to the General Church Court is subject to the jurisdiction of the Diocesan Court, the secretary of the General Church Court shall notify the diocesan bishop of the diocese in whose jurisdiction the accused person is of the ecclesiastical offense.

Article 34. Filing a statement about a church offense.

1. A declaration of an ecclesiastical offense, subject to consideration by a diocesan court, must be signed and submitted by a member or canonical division of the Russian Orthodox Church addressed to the diocesan bishop of the diocese in whose jurisdiction the accused person is located.

An application for a Church offense subject to consideration by the diocesan court is submitted (or sent by registered mail with acknowledgment of receipt) to the diocesan administration.

2. A statement on the ecclesiastical offense of the bishop, subject to consideration by the General Church Court, must be signed and submitted to the Patriarch of Moscow and All Russia:

in relation to a diocesan bishop - by any bishop or by a cleric (canonical subdivision) under the jurisdiction of the corresponding diocesan bishop;
in relation to the vicar bishop - by any bishop or cleric (canonical subdivision) of the diocese in whose jurisdiction the corresponding vicar bishop is located;
in relation to bishops staying at rest or outside the state - by the diocesan bishop of the diocese in the territory of which the church offense was committed.

A statement on the ecclesiastical offense of the head of the Synodal and other church-wide institution, appointed to office by a decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia, must be signed and submitted to the Patriarch of Moscow and All Russia or the Holy Synod by at least three responsible officers.

An application for an ecclesiastical offense subject to consideration by the Church-wide court shall be submitted (or sent by mail by registered mail with acknowledgment of receipt) to the Moscow Patriarchate.

3. Applications received from the following persons are not accepted for consideration:

outside church communion (with the exception of cases on charges of committing ecclesiastical offenses against one's neighbor and Christian morality (Canon 144 of Carthage; Apostolic Canon 75; II Ecumenical Council Canon 6);
incapacitated in accordance with state legislation;
convicted by a church court for knowingly false denunciation or perjury (Second Ecumenical Council rule 6);
from persons who openly lead a vicious lifestyle (Canon 129 of the Council of Carthage);
clerics - according to circumstances that became known to them from confession.

Article 35. Statement of Church Offense.

1. The statement of the Church offense must be signed by the applicant. An anonymous statement of a Church offense cannot serve as a reason for considering a case in a Church court.

2. A statement about an ecclesiastical offense must contain:

information about the applicant indicating his place of residence or, if the applicant is a canonical division of the Russian Orthodox Church, his location;
information known to the applicant about the accused person;
what is the ecclesiastical offense;
the circumstances on which the applicant bases his statements and the evidence supporting these circumstances;
list of documents attached to the application.

Article 36. Leaving an application for a church offense without consideration and terminating the proceedings.

The ecclesiastical court leaves the statement of the ecclesiastical offense without consideration and terminates the proceedings in the case if the following circumstances are established at the stage of preparing the case for consideration or during the consideration of the case:

the accused is a person who is not subject to an ecclesiastical court;
the application is signed and submitted by a person who, in accordance with article 34 of these Regulations, does not have the authority to sign it and present it to a church court;
the obvious absence of an ecclesiastical offense (or a dispute (disagreement) within the jurisdiction of the ecclesiastical court);
obvious non-involvement of the accused person in a church offense;
committing a church offense (a dispute or disagreement) before the entry into force of this Regulation, taking into account the rules provided for in paragraph 1 of Article 62 of this Regulation.

Article 37. Correction of defects in a statement of a church violation.

If an application for a church offense is filed without complying with the requirements provided for in Article 35 of this Regulation, the secretary of the church court invites the applicant to bring the application in line with the established requirements.

2. Consideration of the case.

Article 38. Preparation of a case for consideration in a church court.

1. Preparation of a case for consideration in a church court is carried out by the staff of the church court in cooperation with the secretary of the church court and includes:

clarification of the relevant circumstances;
preparation of a certificate containing a canonical (using the norms of church law) analysis of the circumstances relevant to the case;
determination of the composition of the persons participating in the case;
collection of the necessary evidence, including (if necessary) questioning the parties and other persons participating in the case, which is carried out by the apparatus (secretary) of the church court with the permission of the chairman of the church court;
control over the timely direction of calls to the church court;
other preparatory actions.

2. At the request of the chairman of the ecclesiastical court, the diocesan bishop may instruct the dean of the deanery on whose territory the ecclesiastical offense has been committed to assist the ecclesiastical court in preparing the case for consideration.

Article 39. Sitting of the Church Court.

1. The consideration of the case takes place at a session of the church court with the obligatory prior notification of the parties about the time and place of the session. At the discretion of the church court, other persons participating in the case may be summoned to the session. If, in the course of preparing the case for consideration, the applicant was questioned in the manner prescribed by paragraph 1 of Article 38 of these Regulations, the church court has the right to consider the case in the absence of the applicant.

2. During the sessions of the church court, the Holy Cross and the Gospel are placed on the lectern (table).

3. The meeting of the church court begins and ends with prayer.

4. When considering a case, the church court examines the materials prepared by the staff of the church court, as well as the available evidence: hears the explanations of the parties and other persons participating in the case; testimony of witnesses; gets acquainted with documents, including protocols of examination of material evidence, and expert opinions; examines the material evidence delivered to the meeting; listens to audio recordings and views video recordings.

At the discretion of the ecclesiastical court, the explanations of the accused person may be heard in the absence of the applicant and other persons participating in the case.

When the Church-wide Court of First Instance is considering cases against bishops, the explanations of the accused person shall be heard in the absence of the applicant and other persons participating in the case, unless the accused person insists on giving explanations in the presence of the said persons.

5. The hearing of the case takes place orally. The meeting of the church court in each case is conducted without interruption, with the exception of the time designated for rest. Simultaneous consideration of several cases at one court session is not allowed.

6. The consideration of the case takes place with the unchanged composition of the judges of the church court, except for the cases provided for in Articles 8 and 9 of these Regulations. In case of replacement of judges, the case is considered anew (if necessary, with the summon of the parties, witnesses and other persons participating in the case).

Article 40. Consequences of failure to appear at the meeting of the church court of persons participating in the case.

1. The persons summoned to the ecclesiastical court, participating in the case, who are not able to appear in the ecclesiastical court, shall be obliged to notify the ecclesiastical court of the reasons for failure to appear and to provide evidence that these reasons are valid.

2. If both parties, notified of the time and place of the meeting of the ecclesiastical court, did not appear at this sitting, the ecclesiastical court shall postpone the consideration of the case up to two times if the reasons for their failure to appear are recognized as valid.

3. The ecclesiastical court has the right to consider the case if any of the parties notified of the time and place of the meeting of the ecclesiastical court failed to appear, if they did not provide information about the reasons for the failure to appear, or the church court recognizes the reasons for their failure to appear disrespectful.

4. In the event that the nature of the case referred to the ecclesiastical court may entail a ban on the ministry or expulsion from dignity, the ecclesiastical court, if the accused person fails to appear at the meeting, postpones the consideration of the case up to two times. If the accused person does not appear at the court hearing for the third time (despite the fact that the reasons for failure to appear will turn out to be disrespectful), the church court will hear the case in the absence of the accused person.

5. In the event that other persons participating in the case fail to appear at the meeting of the ecclesiastical court, the ecclesiastical court, at its own discretion, regardless of the reasons for failure to appear, shall decide on the possibility of considering the case in their absence.

6. If the parties or other persons participating in the case, without good reason, left the meeting of the church court during the consideration of the case, the church court shall consider the case in their absence.

Article 41. The right of the church court to postpone the consideration of the case.

1. The consideration of the case may be postponed at the discretion of the ecclesiastical court, including in the following cases:

if it is necessary to obtain additional evidence;
failure to appear at the meeting of the church court of the persons participating in the case;
the need to involve other persons in the case;
the impossibility of considering this case before resolving another case considered by a church or state court or body;
replacement of judges of the ecclesiastical court on the grounds provided for in Articles 8 and 9 of these Regulations;
the unknown whereabouts of the accused person.

2. The consideration of the case continues after the elimination of the circumstances in connection with which the church court postponed the consideration of the case.

Article 42. Procedure for resolving issues by a church court.

1. Questions arising in the consideration of a case by an ecclesiastical court shall be decided by the judges of the ecclesiastical court by a majority vote. In case of equality of votes, the vote of the chairman is decisive.

2. A judge of a church court may not abstain from voting.

Article 43. Obligation to keep minutes.

During each session of the church court, as well as in other cases provided for by this Regulation, a protocol is drawn up, which must reflect all the necessary information about the consideration of the case or the commission of a separate action by the church court.

Article 44. The procedure for drawing up and the content of the minutes of the meeting of the church court.

1. The minutes of the meeting of the ecclesiastical court are kept by the secretary and must contain all the necessary information about the consideration of the case.

2. The minutes of the meeting of the church court must be signed by the presiding judge and the secretary of the church court no later than three working days after the end of the meeting.

3. The minutes of the meeting of the church court shall indicate:

date and place of the meeting;
the name and composition of the ecclesiastical court considering the case;
case number;
information on the attendance of the persons participating in the case;
explanations of the parties and other persons participating in the case, signed by them;
testimony of witnesses signed by them;
information on the announcement of documents and expert opinions, data on examination of material evidence, listening to audio recordings, viewing video recordings;
information on the conduct of the conciliation procedure by the church court, provided for in paragraph 3 of Article 6 of these Regulations;
date of drawing up the protocol.

3. The decision of the church court.

Article 45. Adoption and announcement of the decision of the church court.

1. When making a decision, the ecclesiastical court considers the following issues:

establishing the fact of a church offense;
establishment of the fact of the commission of a church offense by the accused person;
canonical (using the norms of ecclesiastical law) assessment of the ecclesiastical offense;
the presence of guilt of the accused person in the commission of this ecclesiastical offense;
the presence of circumstances mitigating or aggravating the guilt.

If it is necessary to bring the accused person to canonical responsibility, a canonical ban (punishment) in relation to the accused person, possible from the point of view of the church court, is determined.

2. The decision of the ecclesiastical court shall be taken by the judges who are members of the ecclesiastical court in the given case, in the manner prescribed by Article 42 of these Regulations.

3. After the adoption and signing of the decision by the church court, the presiding officer at the meeting of the church court announces to the parties the decision made, explains the procedure for its approval, as well as the procedure and conditions for appeal. In the absence of any of the parties at the meeting of the church court, the secretary of the church court (within three working days from the date of the corresponding meeting) informs the party that was absent from the meeting about the decision.

Article 46. Content of the decision of the church court.

1. The decision of the ecclesiastical court must contain: the date of the decision; the name and composition of the ecclesiastical court that made the decision; description of the merits of the case; conclusion about the guilt (innocence) of the accused person and the canonical (using the norms of church law) assessment of the act; recommendation of canonical interdiction (punishment), which is possible from the point of view of the church court, if it is necessary to bring the accused person to canonical responsibility.

2. The decision of the church court must be signed by all the judges of the church court who took part in the hearing. A judge of a church court who does not agree with the decision taken may state in writing his dissenting opinion, which is attached to the case file, but when the decision of the church court is announced to the parties, the decision of the church court is not announced.

Article 47. Entry of the decisions of the diocesan court into legal force.

1. The decision taken by the diocesan court, together with the minutes of the court hearings and other case materials, shall be submitted by the chairman of the diocesan court to the diocesan bishop for consideration no later than five working days from the date of the decision.

2. The Diocesan Bishop approves the decision of the Diocesan Court by his resolution, which must contain:

an indication of the type and term of canonical banning, punishment (in the case of bringing the accused person to canonical responsibility), or an indication to release the accused person from canonical responsibility;
the signature and seal of the diocesan bishop;
the date of the resolution.

The decisions of the diocesan court (with the exception of repeated decisions made in the manner prescribed by Article 48 of these Regulations) are approved by the diocesan bishop no earlier than fifteen working days from the date of their adoption.

3. The decisions of the diocesan court shall enter into legal force from the moment of their approval by the diocesan bishop, and in the cases provided for in paragraph 4 of this article, from the moment of approval of the corresponding canonical bans (punishments) by the Patriarch of Moscow and All Russia or the Holy Synod.

4. The Patriarch of Moscow and All Russia approves the canonical interdictions imposed by the diocesan bishop in the form of a life-long ban in the priesthood, expulsion from dignity or excommunication from the Church.

The Holy Synod, headed by the Patriarch of Moscow and All Russia, imposes punishments on the abbots (abbess) of diocesan monasteries in the form of dismissal from office.

The decisions of the diocesan court on such cases with the corresponding preliminary resolution of the diocesan bishop and the materials of the case are sent by the diocesan bishop (within five working days from the date of the adoption by the diocesan bishop of the resolution) for approval by the Patriarch of Moscow and All Russia or the Holy Synod.

5. In the absence of a diocesan bishop, including in the case of widowhood of the diocese, the consideration of the approval of the decision of the diocesan court is postponed until the return (appointment) of the diocesan bishop or until the provisional administration of the diocese is entrusted to the diocesan bishop of another diocese.

6. Within three working days from the date of the adoption by the diocesan bishop of the resolution on the case, the secretary of the diocesan court shall hand over to the parties, against receipt (sent by registered mail with acknowledgment of receipt), a notice signed by the chairman of the diocesan court containing information on the resolution of the diocesan bishop.

Article 48. Reconsideration of the case by the diocesan court. Conditions for appealing against decisions of the diocesan court.

1. If the diocesan bishop is not satisfied with the results of the consideration of the case in the diocesan court, the case shall be returned to the diocesan court for a new examination.

In case of disagreement with the repeated decision of the Diocesan Court on this case, the Diocesan Bishop makes his own preliminary decision, which enters into force immediately. The case in question is sent by the diocesan bishop to the Church-wide court of second instance for a final decision.

2. The case may be returned by the diocesan bishop to the diocesan court for new consideration also in the following cases:

if significant circumstances of the case are discovered that are unknown to the diocesan court at the time of the consideration of the case and are the basis for its revision;
submission to the diocesan bishop of a duly motivated written request from a party to review the case.

3. The petition of a party to reconsider the case is submitted (or sent by registered mail with acknowledgment of receipt) to the diocesan administration addressed to the diocesan bishop within five working days from the date of the relevant decision by the diocesan court.

In case of missing the deadline for filing the petition established by this paragraph, the diocesan bishop has the right to leave the petition without consideration.

4. Reconsideration of the case is carried out by the diocesan court in the manner prescribed by sections 2-3 of this chapter. A party's petition to review the repeated decision of the Diocesan Court is not accepted for consideration.

5. Decisions of the Diocesan Court containing the resolution of the Diocesan Bishop may be appealed by the parties to the General Church Court of Second Instance only in the following cases:

non-observance by the diocesan court of the order of church legal proceedings established by this Regulation;
with a duly motivated disagreement of the party with the repeated decision of the diocesan court, adopted at the party's petition for reconsideration of the case.

The decisions of the Diocesan Court shall be appealed in the manner prescribed by Chapter 6 of this Regulation. The decisions of the diocesan court containing the resolution of the diocesan bishop to dismiss the accused person from office or to transfer the cleric to another place of service are not subject to appeal.

Article 49. Entry into legal force of decisions of the General Church Court of First Instance.

1. The decision taken by the Church-wide Court of First Instance, together with the minutes of court sessions and other case materials, shall be submitted by the Chairman of the Church-wide Court (within five working days from the date of the decision) for consideration by the Patriarch of Moscow and All Russia.

For consideration by the Holy Synod, decisions of the Church-wide Court of First Instance are sent (within five working days from the date of the decision), providing as a possible canonical interdiction (punishment):

dismissal of the accused person from the position to which the person was appointed by the decision of the Holy Synod;
other canonical bans (punishment), with its inevitable consequence of dismissal from the post to which the person was appointed by the decision of the Holy Synod.

2. The decisions of the Church-wide Court of First Instance come into legal force from the moment of their approval by the resolution of the Patriarch of Moscow and All Russia.

3. Decisions of the Church-wide Court of First Instance, submitted to the Holy Synod for consideration, come into legal force from the moment they are approved by a resolution of the Holy Synod. Prior to the consideration of the case by the Holy Synod, the Patriarch of Moscow and All Russia (if necessary) has the right to make a temporary decision, which enters into legal force immediately and is valid until the moment when the Holy Synod makes the corresponding resolution.

4. Within three working days from the date of the adoption by the Patriarch of Moscow and All Russia or the Holy Synod of a resolution on the case, the Secretary of the Church-wide Court hands over to the parties against receipt (sends by mail by registered mail with acknowledgment of receipt) a notice signed by the Chairman of the Church-wide Court containing information about the Patriarch's resolution Moscow and All Russia or the Holy Synod.

Article 50. Reconsideration of the case by the Church-wide court of first instance. Conditions for appealing against decisions of the Church-wide court of first instance.

1. If the Patriarch of Moscow and All Russia or the Holy Synod is not satisfied with the results of the consideration of the case in the General Church Court of First Instance, the case shall be returned to this court for a new trial.

If the Patriarch of Moscow and All Russia or the Holy Synod disagrees with the repeated decision of the General Church Court of First Instance on this case, the Patriarch of Moscow and All Russia or the Holy Synod shall take their own preliminary decision, which enters into legal force immediately. The relevant case is sent to the nearest Bishops' Council for a final decision.

2. The case may be returned by the Patriarch of Moscow and All Russia or the Holy Synod to the Church-wide court of first instance for a new consideration also in the following cases:

if significant circumstances of the case are discovered that are unknown to the Church-wide court of first instance at the time of the consideration of the case and are the basis for its revision;
submission to the Patriarch of Moscow and All Russia or to the Holy Synod of a duly motivated written petition of a party to review the case in connection with the failure of the Church-wide Court of First Instance to comply with the procedure for church proceedings established by this Regulation.

3. The petition of a party to reconsider the case shall be submitted (or sent by registered mail with acknowledgment of receipt) to the Moscow Patriarchate within five working days from the date of the adoption of the relevant decision by the Church-wide Court of First Instance.

In case of missing the deadline for filing the petition established by this paragraph, the Patriarch of Moscow and All Russia or the Holy Synod has the right to leave the petition without consideration.

4. Reconsideration of the case is carried out by the Church-wide court of first instance in the manner prescribed by Sections 2-3 of this Chapter. The petition of a party to reconsider the repeated decision of the Church-wide court of first instance is not accepted for consideration.

5. Bishops who are parties to the case may appeal at the nearest Bishops' Council (in the manner prescribed by Chapter 7 of these Regulations) the decisions of the Church-wide Court of First Instance, which have come into force in relation to the bishops and provide for:

prohibition in the clergy;
release from the administration of the diocese (without transferring the diocesan bishop to the corresponding position in another diocese);
other canonical bans (punishment), which has as its inevitable consequence the release from the administration of the diocese (without transferring the diocesan bishop to the corresponding position in another diocese).

Other decisions of the Church-wide Court of First Instance rendered in relation to bishops (including decisions providing for the transfer of a diocesan bishop to a corresponding position in another diocese) are not subject to appeal.

6. Persons, including clergy, appointed by a decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the office of heads of Synodal and other church-wide institutions, may appeal at the nearest Bishops' Council (in the manner prescribed by Chapter 7 of this Regulation) the decisions of the Church-wide court that have entered into legal force first instance, providing for the excommunication of these persons from the Church or the expulsion of clergy from dignity.

Other decisions of the Church-wide Court of First Instance, made in relation to these persons, are not subject to appeal.

Chapter 6. The order of ecclesiastical legal proceedings in the Church-wide court of second instance. Supervisory proceedings in the Church-wide court.

Article 51. Acceptance of the case for consideration. Terms of consideration of appeals against decisions of diocesan courts.

1. The Church-wide court of second instance shall accept for consideration the cases considered by the diocesan courts and referred by the diocesan bishops to the Church-wide court for final resolution in accordance with the procedure provided for in Article 52 of these Regulations.

2. Appeals against decisions of diocesan courts containing a resolution of the diocesan bishop are accepted by the Church-wide court of second instance for consideration solely by order of the Patriarch of Moscow and All Russia or the Holy Synod.

The decision on the appeal must be made no later than one month from the date of the issuance by the Patriarch of Moscow and All Russia or the Holy Synod of the corresponding order on the transfer of the appeal to the Church-wide court of second instance. The extension of this period is carried out by the Patriarch of Moscow and All Russia or the Holy Synod at the reasoned request of the chairman of the General Church Court.

Article 52. Petition by the Diocesan Bishop for the final adjudication by the General Church Court of the case considered by the Diocesan Court.

1. The petition of the diocesan bishop for the final resolution of the case considered by the diocesan court in the manner prescribed by paragraph 1 of Article 48 of these Regulations shall be sent to the General Church Court with the attachment of the case materials, as well as the repeated decision of the diocesan court, with which the diocesan bishop does not agree. In the petition, the diocesan bishop must indicate the reasons for his disagreement with the decision of the diocesan court, as well as his own preliminary decision on the case.

2. If the petition of the diocesan bishop is filed without observing the requirements provided for in paragraph 1 of this article, the secretary of the Church-wide court proposes to the diocesan bishop to bring the petition into line with the established requirements.

Article 53. Appeal against the decision of the diocesan court.

1. An appeal against the decision of the diocesan court shall be submitted to the Patriarch of Moscow and All Russia or to the Holy Synod by the accused person or by the applicant, upon whose application the relevant diocesan court considered the case. The appeal must be signed by the person making the appeal. An anonymous appeal cannot serve as a reason for considering a case in the Church-wide court of second instance.

The appeal is filed (or sent by registered mail with acknowledgment of receipt) to the Moscow Patriarchate.

If the deadline for filing an appeal is missed, the Church-wide court of second instance has the right to leave the appeal without consideration.

3. The appeal must contain:

information about the person who filed the complaint, indicating his place of residence or, if the appeal was filed by the canonical division of the Russian Orthodox Church, his location;
information about the contested decision of the diocesan court;
arguments (proper substantiation) of the appeal;

4. The Church-wide court of second instance leaves an appeal without consideration in the following cases:

the appeal is signed and filed by a person who, in accordance with paragraph 1 of this article, does not have the authority to sign and present it;
failure to comply with the conditions for appealing against the decision of the diocesan court, provided for in paragraph 5 of Article 48 of these Regulations.

1. In the event that an appeal is accepted for consideration, the chairman of the All-Church Court shall send to the diocesan bishop:

a copy of the appeal against the decision of the diocesan court;
a request for submission to the General Church Court of the contested decision of the diocesan court and other case materials.

2. The Diocesan Bishop (within ten working days from the date of receipt of the request) shall send to the General Church Court:

response to the appeal;
the contested decision of the diocesan court and other case materials.

Article 55. Consideration of the case.

The case may be considered by the Church-wide court of second instance with the participation of the corresponding diocesan bishop.

Article 56. Decision of the General Church Court of Second Instance.

1. The general church court of second instance has the right:

to leave the decision of the diocesan court unchanged;
make a new decision on the case;
cancel the decision of the diocesan court in whole or in part and terminate the judicial proceedings in the case.

4. The decisions of the General Church Court of the second instance come into legal force from the moment of their approval by the Patriarch of Moscow and All Russia or the Holy Synod.

5. The decisions of the General Church Court of the second instance are not subject to appeal.

Article 57. Supervisory powers of the Church-wide court.

2. Supervisory proceedings in the Church-wide court shall be carried out in accordance with the rules provided for in Articles 55-56 of these Regulations.

Chapter 7. The order of church legal proceedings at the Bishops' Council.

Article 58. Appeal against the decision of the Church-wide court of first instance.

2. The appeal is signed by the person who filed the appeal. An anonymous appeal is not subject to consideration at the Council of Bishops.

If the deadline for filing an appeal is missed, it may be left without consideration.

4. The appeal must contain:

information about the person who filed the complaint, indicating his place of residence;
information about the contested decision of the General Church Court of First Instance;
arguments of the appeal;
the request of the person who made the complaint;
list of attached documents.

Article 59. Decision of the Council of Bishops.

1. The Council of Bishops has the right:

make your own decision on the case;
leave the decision of the lower church court unchanged;
cancel the decision of the lower church court in whole or in part and terminate the proceedings.

Article 60. The order of church legal proceedings at the Bishops' Council.

SECTION VI. FINAL PROVISIONS.

Article 61. Entry into force of this Regulation.

This Regulation comes into force from the date of its approval by the Council of Bishops.

Article 62. Application of this Regulation.

Cases for other ecclesiastical offenses are considered by ecclesiastical courts in case of committing the corresponding ecclesiastical offenses after the entry into force of this Regulation.

3. The Holy Synod approves the forms of documents used by church courts (including summons to a church court, minutes, court decisions).

The clarifications (instructions) of the General Church Court, approved in accordance with the established procedure, are binding on all diocesan courts.

4. Clarifications (instructions) on the application of these Regulations by the Church-wide court shall be approved by the Holy Synod.

_____________________

Oath of a Church Judge

In conclusion of this promise, I whole the Holy Gospel and the Cross of my Savior. Amen.

Oath of a witness

The text of the oath of a witness belonging to the Orthodox Church:
I, name, patronymic and surname (the cleric also indicates his rank), giving testimony to the church court, before the Holy Cross and the Gospel promise to speak the truth and only the truth.
The text of the oath of a witness who does not belong to the Orthodox Church:
I, name, patronymic and surname, giving testimony to the church court, promise to speak the truth and only the truth.

Press Service of the Council of Bishops of the Russian Orthodox Church 2008

One of the topics to be considered by the Council of Bishops will be the topic of the church court. Legal Counsel of the Moscow Patriarchate K.A. Chernega analyzed the main features of church justice in comparison with state legislation.

I. Features of the church court system and the status of judges of church courts.

The Council of Bishops will adopt several documents in the field of ecclesiastical legal proceedings:

“Regulations on the ecclesiastical court of the Russian Orthodox Church (Moscow Patriarchate)” (hereinafter - the Regulations);
"Oath of a judge of a church court" and "Oath of a witness of a church court."

These documents will replace the "Provisional Regulations on Diocesan Courts and Diocesan Councils Acting as Diocesan Courts", which was adopted by the Bishops' Council in 2004.

It is also important to emphasize that, since the provisions of the Regulations on the Church Court supplement and concretize certain provisions of Chapter VII of the Statute of the Russian Orthodox Church, adopted by the Council of Bishops in 2000, it is proposed to make appropriate changes and additions to this chapter.

Two more documents on issues of church legal proceedings were approved by the Holy Synod. These are the “Sample List of Church Offenses Subject to Consideration by Church Courts” and “Sample Forms of Court Documents,” which include, respectively, samples of summons to a church court, decisions of a church court, and court records.

The judicial system of the Russian Orthodox Church includes the following ecclesiastical courts:

diocesan courts, including the dioceses of the Russian Orthodox Church Outside of Russia, Self-governing Churches, Exarchates that are part of the Russian Orthodox Church - with jurisdiction within the respective dioceses;
the highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia, as well as the Self-Governing Churches (if there are higher ecclesiastical courts in these Churches) - with jurisdiction within the respective Churches;
The General Church Court - with jurisdiction within the Russian Orthodox Church;
The Bishops' Council of the Russian Orthodox Church - with jurisdiction within the Russian Orthodox Church.

The Diocesan Court is composed of at least five judges who hold the episcopal or priestly rank. The general church court consists of five judges in the hierarchical rank.

The main difference between the church and state courts is as follows.

1. According to Part 1 of Art. 118 of the Constitution of the Russian Federation, justice in the Russian Federation is carried out only by the court. No other bodies and persons are entitled to exercise judicial powers (clause 1 of article 1 of the Federal Constitutional Law "On the Judicial System of the Russian Federation").

In accordance with the sacred canons, the right to adjudicate in the Church belongs to the episcopate, who simultaneously exercises legislative and supreme executive power in the Church (I Ecumenical Council, fifth canon).

Thus, in the Russian Orthodox Church, the full judicial power belongs to the bodies of ecclesiastical power and administration (that is, the administrative bodies), namely:

The Council of Bishops, the Patriarch of Moscow and All Russia and the Holy Synod - within the limits of the Russian Orthodox Church;
diocesan bishops - within dioceses.

The judicial power of the Church-wide court and diocesan courts is of a delegated nature, that is, it arises from the canonical power of the aforementioned administrative bodies, which, in exercising ecclesiastical powers, endow them (to a certain extent) with the church courts.

The highest judicial authority in the Church is the supreme body of hierarchical administration - the Council of Bishops.

2. For the judicial system of the Orthodox Church, the principle of independence of the judiciary, its independence from the legislative and executive powers, stipulated by state legislation, is unacceptable (paragraph 2 of article 1, paragraph 1 of article 5 of the Federal Constitutional Law "On the Judicial System of the Russian Federation"). Ecclesiastical courts are subordinate to the administrative organs of ecclesiastical authority and administration and are called upon to assist them in the administration of justice.

Thus, cases are referred to the diocesan court for consideration by the bodies of church authority and administration - the diocesan bishops, and to the General Church court - by the Patriarch of Moscow and All Russia or the Holy Synod.

The decisions of church courts come into legal force, that is, they become binding on execution, from the moment they are approved by the bodies of church authority and administration. Thus, the decisions of the diocesan court come into legal force from the moment of their approval by the diocesan bishops, and in cases provided for by the Regulations - from the moment of approval by the Patriarch of Moscow and All Russia or the Holy Synod. The decisions of the General Church Court come into legal force from the moment they are approved by the Patriarch of Moscow and All Russia or the Holy Synod.

Church courts do not have the right to impose canonical bans (punishments) on a guilty person. They only recommend specific measures of canonical penalties to the bodies of church authority and administration. The decision on the imposition of canonical bans (punishment) remains with the administrative bodies of the Church, which determine the specific type and term of punishment or can release the accused person from canonical responsibility.

The parties' appeals against the decisions of church courts are sent to the bodies of church authority and administration - to the name of the Patriarch of Moscow and All Russia or the Holy Synod, which decide the issue of transferring complaints to the corresponding higher church courts.

Let's consider the main features of the status of judges of church courts.

one). Judges of federal courts are appointed to office, respectively, by the Federation Council of the Federal Assembly of the Russian Federation or by the President of the Russian Federation (Article 6 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation"). Justices of the peace and judges of arbitration courts are appointed (elected) to office in accordance with the established procedure.

The ecclesiastical judicial system presupposes a combination of the principle of the appointment of judges with the principle of their election.

Thus, the chairman, deputy chairman and secretary of the diocesan court are appointed by the diocesan bishop; the remaining judges of the Diocesan Court are elected by the Diocesan Assembly on the proposal of the Diocesan Bishop.

The judges of the General Church Court are elected by the Council of Bishops. The deputy chairman and secretary of the Church-wide court are appointed by the Patriarch of Moscow and All Russia from among the members of the Church-wide court.

2). The powers of judges of secular courts are not limited to a certain period, with the exception of cases stipulated by federal laws (clause 1 of article 11 of the Law of the Russian Federation "On the status of judges in the Russian Federation").

The powers of judges of ecclesiastical courts are limited:

three years (for judges of diocesan courts);
four years (for judges of the General Church Court).

The appointment (election) of judges for a new term is allowed:

to diocesan courts - without limiting the number of reappointments (re-elections);
to the General Church Court - no more than three consecutive terms.

Acts of state legislation provide for the possibility of terminating the powers of judges on the grounds, an exhaustive list of which is established by federal law.

The regulation also allows for early termination of the powers of a judge of a church court on the following grounds:

a written petition of a judge of a church court for dismissal from office;
inability for health reasons or other valid reasons to exercise the powers of a judge of a church court;
death of a judge of a church court, declaring him deceased or recognizing him as missing in accordance with the procedure established by state legislation;
entry into legal force of the decision of the church court on the charge of the judge in the commission of the church offense.

In addition, the powers of a judge of an ecclesiastical court are suspended if the ecclesiastical court accepts a case on charges of a church offense against the judge.

The regulation allows for the recusal of a judge of a church court if he:

is a relative (up to the 7th degree) or a relative (up to the 4th degree) of the parties;
consists in direct service relations with at least one of the parties.

The composition of the ecclesiastical court considering a case may not include persons who are related to each other (up to the 7th degree) or property (up to the 4th degree). One of these persons must recuse himself.

At the same time, the Regulations do not provide for the right of the parties to challenge judges of the church court.

3). The principles of independence and immunity of judges of church courts, as well as any prohibitions on their replacement of other positions, are not provided for by the Regulations on the Church Court.

II. Sources of church law, which are guided by church courts. Church offenses and punishments (interdictions).

The church courts of the Russian Orthodox Church exercise judicial power, guided by the sacred canons, the Charter of the Russian Orthodox Church, the Regulations on the Church Court of the Russian Orthodox Church (Moscow Patriarchate) and other regulations of the Orthodox Church.

It is important to note that the Charter of the Russian Orthodox Church and the Statute regulate the issues of the church system of justice and legal proceedings.

The Regulations do not provide for the types of church crimes and misdemeanors, as well as measures of canonical responsibility for them.

The approximate list of ecclesiastical offenses subject to consideration by ecclesiastical courts has been approved by the Holy Synod. This list includes five categories of cases, namely ecclesiastical offenses: against faith; against neighbor and Christian morality; against the rules about monasticism; offenses of bishops and other clergy against the hierarchical order and, accordingly, against the pastoral service.

If it is necessary to transfer to the diocesan court cases on ecclesiastical offenses not provided for in this list, diocesan bishops should apply to the General Church Court for clarification.

The types of canonical bans (punishments) for these offenses are determined by the sacred canons. At the same time, the Regulation establishes the following basic rules for the imposition of canonical bans (punishments):

1) Presumption of innocence. A person accused of committing a church offense cannot be subjected to canonical bans (punishment) without sufficient evidence establishing the guilt of the person.

2) The moral purpose of church bans (punishments). Canonical bans (punishment) should induce a member of the Russian Orthodox Church who has committed an ecclesiastical offense to repentance and correction.

3) The use of ecclesiastical oikonomia and acrivia when imposing canonical bans (punishment). When imposing canonical bans (punishment), one should take into account the reasons for the commission of an ecclesiastical offense, the way of life of the guilty person, the motives for the commission of an ecclesiastical offense, acting in the spirit of ecclesiastical oikonomia, which implies condescension to the guilty person in order to correct him, or, in appropriate cases, in the spirit of ecclesiastical acrivia , which allows the use of strict canonical restraints against the guilty person for the purpose of his repentance.

4) The responsibility of the cleric for the obviously slanderous denunciation of the diocesan bishop. If a cleric submits an obviously slanderous statement that a diocesan bishop has committed a church offense, the applicant is subjected to the same canonical prohibition (punishment) that would have been applied against the accused if the fact that he had committed a church offense had been proven (II Ecumenical Council rule 6).

5) The obligatory conduct by the church court of a conciliation procedure (in order to settle the differences that have arisen between the parties), if in the course of the court proceedings the church court comes to the conclusion that there is no fact of church violation and (or) the innocence of the accused person.

III. Rules on the jurisdiction and jurisdiction of cases to church courts.

These rules are as follows.

The Diocesan Court considers:

in relation to clergy - cases on charges of committing ecclesiastical offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of dismissal, dismissal from office, temporary or life-long ban in the clergy, dedication, excommunication ;
in relation to lay people belonging to the category of church officials, as well as monastics - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of dismissal, temporary excommunication from church communion, or excommunication from the Church;
other cases that, at the discretion of the diocesan bishop, require research, including cases on the most significant disputes and disagreements between clergy.

The general church court considers as the church court of first instance:

in relation to bishops (with the exception of the Patriarch of Moscow and All Russia) - cases on charges of committing ecclesiastical offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of release from the administration of the Diocese, dismissal, temporary or life-long ban in the ministry, ejection from dignity, excommunication;
in relation to clergy appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the office of leaders of Synodal and other church-wide institutions - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishment) in the form of exemption from office, temporary or lifelong prohibition in the priesthood, deposed, excommunication;
in relation to other persons appointed by the decision of the Holy Synod or by decree of the Patriarch of Moscow and All Russia to the position of heads of Synodal and other church-wide institutions - cases on charges of committing church offenses provided for by the list approved by the Holy Synod and entailing canonical bans (punishments) in the form of release from office, temporary excommunication from church communion or excommunication from the Church;
other cases in relation to the aforementioned persons referred by the Patriarch of Moscow and All Russia or the Holy Synod to the Church-wide court of first instance, including cases on the most significant disputes and disagreements between the bishops.

The general church court considers as a church court of second instance the following cases:

considered by the diocesan courts and sent by the diocesan bishops to the General Church Court for final resolution;
on appeals of the parties against decisions of diocesan courts;
considered by the highest ecclesiastical courts of the Russian Orthodox Church Outside of Russia or the Self-Governing Churches (if there are higher ecclesiastical courts in these Churches) and transferred by the primates of the respective Churches to the General Church Court;
on appeals of the parties against decisions of the higher ecclesiastical courts of the Russian Orthodox Church Outside of Russia or Self-Governing Churches (if there are higher church courts in these Churches).

On the instructions of the Patriarch of Moscow and All Russia or the Holy Synod, the Church-wide court has the right to revise, by way of supervision, decisions of the diocesan courts that have entered into legal force.

The Bishops' Council considers cases of dogmatic and canonical deviations in the activities of the Patriarch of Moscow and All Russia as an ecclesiastical court of first and last instance.

The Council of Bishops considers, as a church court of second instance, cases against bishops and leaders of Synodal and other church-wide institutions:

considered by the General Church Court of First Instance and sent by the Patriarch of Moscow and All Russia or the Holy Synod for consideration by the Council of Bishops for a final decision;
on appeal by bishops or leaders of Synodal and other church-wide institutions against decisions of the Church-wide court of first instance that have come into legal force.

The Council of Bishops is a court of higher jurisdiction for the bishops of the Russian Orthodox Church Outside of Russia, Self-governing Churches and Exarchates of the Russian Orthodox Church.

The Council of Bishops has the right to revise, by way of supervision, decisions of the General Church Court that have entered into legal force.

IV. The main features of ecclesiastical legal proceedings in comparison with state legal proceedings.

1. State legislation allows for the sole consideration of cases by judges. In particular, civil cases in the courts of first instance are considered by the judges of these courts alone, with the exception of cases provided for by federal law (Article 7 of the Code of Civil Procedure of the Russian Federation).

Ecclesiastical courts may hear cases with at least three judges; moreover, individual cases can be considered by church courts only in full. For example, diocesan courts should consider in their entirety cases on charges of clergy with ecclesiastical offenses, entailing canonical bans in the form of a life ban in the priesthood, expulsion from dignity, and excommunication.

The general church court considers in its entirety all cases on charges of the bishops of committing church offenses.

2. State courts are characterized by the principle of publicity (openness) of court proceedings. A hearing in a closed session is allowed only in cases provided for by federal law (Part 1 of Article 123 of the Constitution of the Russian Federation; Article 9 of the Federal Constitutional Law "On the Judicial System of the Russian Federation").

In ecclesiastical courts, the proceedings are closed. The Charter of the Russian Orthodox Church and the Regulations do not provide for any exceptions to this rule.

Moreover, according to the Regulation, the personal presence at court sessions of the parties, witnesses and other persons participating in the case is not a mandatory rule. In particular, an ecclesiastical court may consider a case in the absence of:

of the accused person - if he twice failed to appear without good reason at the court hearing in the case of defrocking or excommunication about the Church - paragraph 4 of Art. 40 Regulations;
the applicant (if he was interviewed by the court apparatus at the stage of preparing the case for consideration) - paragraph 1 of Art. 39 Regulations;
both parties, if they failed to appear at the court session twice - paragraph 2 of Art. 40 Regulations;
one of the parties (the applicant or the accused), if they did not provide reasons for failure to appear or these reasons are disrespectful - paragraph 3 of Art. 40 Regulations;
parties, witnesses and other persons participating in the case - when the General Church Court of the second instance is considering appeals against decisions of diocesan courts - Art. 55 Provisions.

Meanwhile, state legislation does not allow the trial of criminal cases in absentia, with the exception of the cases provided for by federal law (part 2 of article 123 of the Constitution of the Russian Federation).

In addition, the trial of criminal cases in secular courts is subject to the principles of spontaneity and orality, which oblige the court to hear all the testimony of witnesses and parties, and not be limited to their testimony given during the investigation of the case (Article 240 of the Code of Criminal Procedure of the Russian Federation).

According to the Regulations, if, in the course of preparing the case for consideration, the applicant was questioned by the court apparatus in accordance with the established procedure, the church court has the right to consider the case in the absence of the applicant, with the obligatory announcement of the minutes of the applicant's questioning at the hearing.

3. According to Part 3 of Art. 123 of the Constitution of the Russian Federation, legal proceedings in secular courts are carried out on the basis of adversariality and equality of the parties. Secular courts cannot give preference to any bodies, persons participating in the proceedings, depending on their status or on other grounds not provided for by federal law (clause 2 of article 7 of the Federal Constitutional Law "On the Judicial System of the Russian Federation").

Thus, a secular court does not perform the functions of defense or prosecution, but acts as a body of justice (arbitrator). Accordingly, prosecution and defense are carried out by parties with equal rights. The function of collecting evidence is not assigned to the court.

The principle of procedural equality of the parties has a number of exceptions in ecclesiastical proceedings.

For example, in the General Church Court in a case where the applicant is a cleric and the accused person is a bishop, only the bishop has the right to file an appeal against the Council of Bishops. The cleric, although he is a party to the case (the applicant), does not have the right to appeal against the decision of the Church-wide court passed against the bishop (clause 1 of article 50 of the Regulations).

Also, the decision of the General Church Court in the case against the head of the Synodal institution has the right to appeal only to the head. The applicants (three employees of the Synodal Institution) are not entitled to appeal against this decision.
The principle of the adversarial nature of the parties is not fully observed, which implies, in particular, the exercise of the function of collecting evidence by the parties themselves. The collection of evidence is carried out not only by the parties, but also by other persons participating in the case, and by the church court, which has the right to send appropriate requests for obtaining evidence in the manner prescribed by the Regulations.

4. In accordance with Art. 3 of the Federal Constitutional Law "On the Judicial System of the Russian Federation", the unity of the judicial system of the Russian Federation is ensured by recognizing the obligation to comply with judicial decisions that have entered into legal force throughout the territory of the Russian Federation.

In order to ensure the guarantees of the implementation of these norms of state legislation, the Federal Bailiff Service functions under the Ministry of Justice of Russia. In addition, special acts of procedural legislation (in particular, the Code of Criminal Procedure of the Russian Federation) provide for measures of procedural coercion in relation to a suspect or an accused (obligation to appear, drive, arrest, recognizance not to leave, detention, etc.). Criminal legislation establishes criminal liability for the refusal of a witness or victim to testify (Article 308 of the Criminal Code). The regulation on the church court does not provide for the institution of bailiffs (executors).

Also, the above measures of coercion in relation to the parties, witnesses and other persons participating in the case are not provided for by the Regulation.

The explanations of the parties and the testimony of witnesses in the ecclesiastical court can be obtained only with their consent.

It is important to note that for perjury, as well as for knowingly false denunciation of an allegedly committed church offense, canonical (and not criminal) liability is provided for, about which witnesses and parties are warned in advance (before receiving explanations and testimonies from them) by the church court.

5. State legislation determines the procedural timeframes, including the timeframes for the consideration of the case, the adoption and entry into force of court decisions, the filing of appeals and cassation complaints against the decisions of the courts.

According to the Regulations on the Church Court, the actions of the Church Court and the persons participating in the case are performed within the time limits established by the Church Court, unless otherwise provided by the Regulations.

For example, for diocesan courts there are time limits:

consideration of the case by the diocesan court - 1 month (clause 1 of article 33 of the Regulations);
submission of a written petition by a party to review the case by the diocesan court - 5 working days from the date of the decision (clause 3 of article 48 of the Regulation);
sending to the parties a written notice of the bishop's resolution on the court decision - three working days from the date of the resolution (clause 6 of article 47 of the Regulation);
filing an appeal against the decision of the diocesan court - 10 working days from the date the party receives a written notice of the bishop's resolution (clause 2 of article 53 of the Regulations).

Specific deadlines for the performance of procedural actions are also provided for the Church-wide Court.

6. Unlike acts of state legislation, the Regulation does not regulate the procedure for conducting a court session (the order of speeches, filing petitions, etc.). This procedure is determined by the church courts independently, taking into account a number of rules provided for by the Regulation.

For example, it is necessary to observe the rule on the continuity of the court session, according to which the session of the church court in each case is conducted without interruption, with the exception of the time designated for rest; simultaneous consideration of several cases at one court session is not allowed.

7. The rules for entering into legal force and appealing against decisions of church courts differ significantly from those provided by state legislation.

In particular, decisions of the diocesan court come into legal force from the moment they are approved by the resolution of the diocesan bishop. However, if this resolution provides for canonical prohibitions in the form of a life-long ban in the priesthood, ejection from dignity or excommunication from the Church, the decision of the diocesan court comes into legal force from the moment the corresponding canonical ban is approved by the Patriarch of Moscow and All Russia.

In addition, if the resolution of the diocesan bishop provides for punishment in the form of dismissing the abbot (abbess) of diocesan monasteries from her post, the decision of the diocesan court comes into force from the moment the corresponding punishment is approved by the Holy Synod.

Only those decisions of the diocesan court that contain a resolution of the diocesan bishop may be appealed to the General Church Court of Second Instance.

The relevant resolution must contain:

an indication of the type and term of canonical banning, punishment (in the case of bringing the accused person to canonical responsibility), or an indication to release the accused person from canonical responsibility;
the signature and seal of the diocesan bishop;
the date of the resolution.

Decisions of the diocesan court containing the resolution of the diocesan bishop may be appealed by the parties only in the following cases:

with a duly motivated disagreement of the party with the repeated decision of the diocesan court, adopted at the party's petition for review of the case;
non-observance by the diocesan court of the procedure for church legal proceedings established by the Regulation.

The decisions of the Church-wide court of first instance can only be appealed by the accused person (that is, by the bishop or the head of the Synodal and other Church-wide institution).

The Regulation establishes a closed (exhaustive) list of grounds for appealing against these decisions.

In conclusion, I would like to note that, according to the Regulations, cases of ecclesiastical offenses, which are a canonical obstacle to staying in the clergy, are considered by ecclesiastical courts in accordance with the procedure provided for by this Regulation in the event that these ecclesiastical offenses are committed both before and after the entry into force of this Regulation - provided that the relevant ecclesiastical offenses were deliberately concealed by the accused and, in this regard, had not previously been considered by the ecclesiastical authorities and administration.

Cases for other ecclesiastical offenses are considered by ecclesiastical courts in case of committing the corresponding ecclesiastical offenses after the entry into force of this Regulation.

In this case, it is envisaged to apply the Provisions "with retroactive effect" when considering cases of ecclesiastical offenses, which are a canonical obstacle to being in the clergy.

According to Art. 53 of the Constitution of the Russian Federation, a law establishing or aggravating responsibility has no retroactive effect. However, the Regulation on the Church Court is not a state law.

In addition, this Regulation does not establish responsibility (punishment) for committing an ecclesiastical offense. The types of responsibility (punishment) of the guilty persons are established, as noted above, by the church canons. The regulation, defining the order of church legal proceedings, does not introduce new canonical rules (on the types of church offenses and responsibility for them).

The cited rule on the application of the Regulation with "retroactive effect") means that the church courts must consider cases of ecclesiastical offenses preventing the stay in the clergy, in the manner established by the Regulation, regardless of when the ecclesiastical offense was committed - before or after the entry into force of this Regulation ...

For example, if a church offense preventing a clergy from being a clergy was committed by a priest in 2005 and discovered in 2008 after the entry into force of the Regulations on the Church Court, the diocesan court must consider the case in the manner prescribed by the Regulations on the Church Court (and not "Provisional Regulations on Diocesan Courts and Diocesan Councils Acting as Diocesan Courts", which was in force in 2005).

It is worth noting that at the present stage of development of legislation, the “unshakable legal principle”, according to which “the law is not retroactive”, has many exceptions.

For example, Federal Law No. 104-FZ of July 6, 2006 (which abolished the right of clergymen to defer military service) was adopted on July 6, 2006, and came into force on July 1, 2006 (Article 7 of the law). Another example is according to Art. 11 of the Federal Law "On the Enactment of Part One of the Civil Code of the Russian Federation" dated November 30, 1994, No. 52-FZ, Article 234 of the Civil Code of the Russian Federation (acquisitive prescription) also applies to cases when ownership of property began before January 1, 1995 (that is before the entry into force of part 1 of the Civil Code of the Russian Federation) and continues at the time of the entry into force of part 1 of the Code.

K.A. Chernega, Legal Adviser of the Moscow Patriarchate

REGULATIONS ON THE CHURCH COURT OF THE RUSSIAN ORTHODOX CHURCH ABROAD

(Approved by the definition of the Council of Bishops

Russian Orthodox Church Outside of Russia from 3/16 and 4/17 October 1956)

FIRST DEPARTMENT.

A. GENERAL PROVISIONS.

1. The judicial power of the Orthodox Church has its basis in the will of the Divine Founder of the Church of Christ, expressed in Holy Scripture and Holy Tradition and church practice.

2. By its purpose, the Church Court has:

a) to preserve the unity, holiness and intactness of the Divine teaching of the Holy Orthodox Church, the holiness of the sacraments of the Church, the holiness and inviolability of other general church institutions, including the hierarchical conciliar structure of the Church, as the only canonical form of church government and the foundations of church life;

b) to restore in the Church the truth of Holy Orthodoxy distorted by apostasy or the broken order and structure of church life, the purity, unity and holiness of the latter, as well as the strength and inviolability of church rules, laws and customs and the normal church legal relations based on them;

c) destroy all kinds of misunderstandings and disputes between members of the Church, and

d) subject the guilty to measures of correction, punishment, and sometimes complete excommunication from the Church as the Body of Christ, and in cases of correction, restore them partially or completely in their lost rights and titles.

3. The Church Court of the Russian Orthodox Church Outside of Russia exists in three instances:

a) Diocesan Court;

b) the Court of the Synod of Bishops; and

c) Court of the Council of Bishops.

4. The basic rules of the Church Court in all its instances should be:

a) Holy Scripture;

b) Sacred Tradition;

c) doctrine and dogmas of the Holy Orthodox Church;

d) church canons and general church legislation of the Holy Ecumenical Orthodox Church;

e) church legislation of the Russian Local Orthodox Church, its statutes and customs;

f) resolutions of the Councils of the Russian Orthodox Church Outside of Russia and the Synod of Bishops and the statutes and rules approved by them;

g) Resolution of His Holiness the Patriarch, the Holy Synod and the Supreme Church Council of the Russian Orthodox Church of November 7/20, 1920, No. 362;

h) Regulations on the Russian Orthodox Church Outside of Russia, approved by the Council of Bishops in 1956;

i) local state laws that do not contradict the teaching and spirit of the Holy Orthodox Church, and

j) this Regulation on the Church Court.

B. DIARCHIAL COURT. (On persons and matters subject to the Diocesan Court.)

5. The Diocesan Court is the first instance of the Ecclesiastical Court. The Diocesan Court is subject to persons who belong to the membership of the Russian Orthodox Church Outside of Russia, of both spiritual and secular rank, who have fallen into disbelief, heresy, schism and who constitute an unauthorized assembly, who have fallen away from the Holy Orthodox Church for other reasons, who slander her and her hierarchy, or inflict an explicit harm to the Church.

6. Regardless of this, the Diocesan Court has jurisdiction over clergy:

a) for misdemeanors and crimes against office, deanery and good conduct;

b) on mutual disputes between clergy and on disputes over the division of income, the use of movable or immovable church and parish property;

c) on complaints of clergy and secular persons about offenses inflicted on them by persons of clergy;

d) on complaints about the violation by clergy of indisputable obligations and on requests to induce the payment of indisputable debts;

e) in cases of insult by words or actions of individuals:

f) slander, and

g) for appearing drunk or in a form unsuitable for a clergyman in public places.

7. Persons of clergy may not apply to the civil court, bypassing the ecclesiastical court, with all kinds of claims against other persons of clergy in cases arising from the performance of their duties, or regarding the performance of such.

8. Persons of clergy are subject to the ecclesiastical court in the event that they commit state or criminal offenses entailing ecclesiastical condemnation and punishment, regardless of their being brought to justice in a civil court.

9. Cases of misdemeanors and crimes of persons of clergy against office, deanery and good conduct, as well as cases of crimes mentioned in par. 6th, can be started:

a) by order of the Supreme Church Authority, i.e., the Synod of Bishops, or its Chairman;

b) by order of the Diocesan Bishop;

c) at the suggestion of the Diocesan Council;

d) according to the information of civil institutions and officials;

e) according to reports of the dean or members of the clergy;

f) on complaints of private secular persons, parish councils and parishioners;

g) according to information that could somehow reach the Diocesan Bishop, and

h) by their own recognition.

10. Persons of secular rank are subject to the Church Diocesan Court, not only on the grounds indicated in par. 6th, but also:

a) in cases on the recognition of marriages as illegal and invalid and on the dissolution of marriages;

b) in cases in which a certificate of the validity of the event of marriages and births from legal marriages is required;

c) for various misdemeanors and crimes subjecting the guilty to church penance, restriction of church rights or excommunication from the Church.

11. Persons of the parish administration, such as the rector, the church headman, members of the parish councils and revision commissions and other responsible persons from the parish organizations for their wrong or illegal actions may be tried by the Diocesan Church Court if these actions serve to harm and damage to the diocese or parish, or to undermine the authority of the Holy Orthodox Church and its hierarchy, and also cause material or moral damage to the parish, church, clergy property or individuals who have appealed against illegal or incorrect actions of the parish administration before the church power.

C. CHURCH COURT OF FIRST INSTANCE. (The court is directly Bishops and collegiate.)

Court of Bishops.

12. The following are directly subject to Bishops' legal proceedings:

a) the misdeeds of ignorance and accident of clergy and clergymen requiring correction and cleansing of their conscience by the hierarchical action of the Bishop, not subject to publicity and the forms of an ordinary court;

b) misdemeanors against office and good conduct noticed in a clergyman, whose previous behavior was impeccable, not combined with obvious harm and temptation;

c) complaints brought about the wrong actions of the clergyman with the aim of correcting him by the Bishop's influence and the edification of informal office work.

13. The Diocesan Bishop may entrust the Dean or another trusted clergyman directly from himself with the production of an unspoken inquiry to establish the justice of the accusation, and if this is confirmed, he summons the accused to himself to test his conscience and, depending on the offense and signs of remorse, releases him directly. to a place with archpastoral admonition, or imposes on him a decent penance with passing it on the spot, or at the bishop's house, or in another place, up to 2 weeks, in some cases transfers the guilty person to another place of service for the benefit of the Church and service, or prohibits him from performing certain rituals or official functions.

14. In dioceses that are vast geographically, where the summons in the above cases are sometimes not convenient in terms of distance, the Bishop instructs to bring the accused to understanding to one of the trusted clergy, or subject him to penance, with removal for a period of time (up to two weeks) from the priesthood.

15. On the Bishops 'Courts, directly made by the bishops, no appeals are allowed, and the very facts of the proceedings of the bishops' court over the clergy are not included in the formal lists of the latter.

16. In case of evasion of the clergy from appearing before the Diocesan Bishop without a sufficiently valid reason to explain the complaints filed against them, such clergy are subject to more severe penalties than those specified in paragraphs. 13 and 14, with the entry of the form of their punishment in the form lists.

Collegiate Court (Diocesan).

17. The Diocesan Court, under the Diocesan Bishop, consists of the President and two members of the Court, from among the clergymen not lower than the priesthood.

18. The President of the Diocesan Court is appointed and dismissed by the Diocesan Bishop, and the members of the Court and their deputies are elected in equal numbers every three years by the Diocesan Bishop. One of the members of the Court is its clerk, unless there is a deliberate clerk of the Court who is not a member of the Diocesan Office.

Note: In the event of illness or absence of any member of the Diocesan Court, the Diocesan Bishop temporarily appoints another person to the place of the absent President, and in the place of the absent member calls one of the elected deputy members of the Court.

19. All cases in the Diocesan Court shall be decided by a majority of votes after a thorough confession and examination of the case and questioning of the interested persons and their witnesses, when required; moreover, decisions of the Diocesan Court come into force only upon their approval by the Diocesan Bishop.

20. In the event of a disagreement in the decision of the case, a member of the Court who disagrees with the decision thereof shall declare to the court in his general presence his disagreement and intention to present a separate opinion within three days for application and submit it together with the decision of the Court to the Diocesan Bishop.

21. If the Diocesan Bishop does not agree with the decision of the Diocesan Court, then the whole matter with the resolution of the Diocesan Bishop is returned back to the Court for the purpose of reconsidering the whole case on the merits or only part of it as determined by the Bishop. If, after the second consideration of the case, the decision of the Diocesan Court is unacceptable for the Diocesan Bishop, then the latter either decides the case himself, in which case the decision is enforced by law for the persons concerned, whose case was examined, an appeal to the Synod of Bishops, about which they must a statement to the Diocesan Bishop or the Court within 7 days after the announcement of the bishop's decision on the case, or the Diocesan Bishop, with a special report, submits the whole matter for an authoritative and final decision to the Synod of Bishops.

22. The Diocesan Court hears and decides all cases concerning clergy and secular persons, which are sent by the Diocesan Bishop to this Court and about which must be made, or have already been made publicly with questioning of witnesses or a formal investigation. This includes all cases concerning marriages and the issuance of certificates of the validity of the events of marriages, and births from legal marriages.

23. In cases involving the dissolution of church marriages, the Diocesan Church Court is guided, except as indicated in par. 4 of this Regulation of the basic norms of the Church Court, the determination of the Holy Council of the Orthodox Russian Church on the reasons for the dissolution of the marriage union consecrated by the Church, dated April 7/20, 1918 and August 20 / September 2, 1918, and the Provisional Regulations for the Office Work on the dissolution of the marriage union, approved by the resolution of the Holy Patriarch and the Holy Synod in the united Presence with the Supreme Church Council on December 7/20, 1918. No. 471, as well as special definitions and additions of the Councils of the Russian Orthodox Church Outside of Russia and clarifications of the Synod of Bishops of the same Church.

24. In all court pleadings, including in cases of divorce, the Diocesan Court interrogates the litigants and their witnesses, if the Court finds it useful to clarify the case.

25. Should any difficulties arise for the Diocesan Court in deciding certain court cases requiring a competent explanation, the Diocesan Court, with the knowledge and blessing of the Diocesan Bishop, may seek advice and information from knowledgeable persons.

26. In all cases decided by the Diocesan Court, the decisions of which have already been approved by the Diocesan Bishop or have been transferred by him in the order of par. 20-23, but do not satisfy the interested persons (plaintiffs or defendants), the latter declare their disagreement or displeasure within 7 days after the announcement of the decision of the Court or the Diocesan Bishop and have the right to appeal it on appeal before the Synod of Bishops at 30 This is the day's period after the announcement of the decision of the Court.

27. Appeals to the Synod of Bishops must be filed through the Diocesan Bishop, who, within 30 days, submits them to the Synod together with his opinion on the content of the appeal.

28. The Synod of Bishops leaves the appeal without consequences:

a) if they contain reproachful or indecent expressions,

b) if under the complaint there is no handwritten signature of the complainant, or, if the latter is illiterate, there is no signature of the persons who wrote the complaint and their exact addresses are not indicated, and

c) if the complaints relate to matters directly and categorically resolved by the Diocesan Bishops.

29. An appeal filed directly to the Synod is sent by the last Diocesan Bishop to submit his revocation to them within a 30-day period.

30. Persons dissatisfied with the decision of the Diocesan Court, when submitting appeals to the Synod of Bishops, have the right to demand the issuance of a copy of the court ruling and the possibility for them or their authorized representatives to read their case in the presence of a member or secretary of the court.

D. ABOUT COLLECTION MEASURES.

31. A person of a clergy who is accused of a crime on the basis of a complaint, or whose crime is revealed during the investigation, depending on the circumstances and his previous behavior, may be temporarily removed from office or prohibited from serving until the trial at the discretion of the Diocesan Bishop.

Note: Lay people in administrative positions who are on trial on charges of abuse of their position may be suspended from office pending trial by order of the Diocesan Authority.

32. Persons of clergy, by the decision of the Diocesan Court, may be subject to the following measures of correction and punishment:

a) remark;

b) a reprimand;

c) monetary fine;

d) severe reprimand;

e) severe reprimand with a monetary fine;

f) increased supervision;

g) temporary probation at bishops' houses or monasteries;

h) temporary ban in the ministry without removal from office;

i) removal from office and transfer to another place;

j) temporary ban in the clergy and removal from office with appointment to clergy;

j) dismissal and dismissal from office;

k) deprivation of the priesthood, and of clergymen of rank and monasticism with exclusion from the lists of the clergy;

l) excommunication from church communion, and

m) excommunication from the Church and the tradition of church anathema.

Note: Penalties, starting with a sharp reprimand, are included in the track record.

33. Laymen by the Diocesan Court are subject to the following penalties:

a) a comment;

b) a reprimand;

c) severe reprimand with a warning;

d) surrender to national repentance;

e) deprivation of the right to hold any position in the parish or bear any duties at the church;

f) standing in the narthex of the temple (temporary);

g) deprivation of the right to be baptismal receivers;

h) deprivation of the right to marry;

i) deprivation of Holy Communion;

j) deprivation of Christian burial and burial in an Orthodox cemetery;

j) excommunication from church communion, and

k) excommunication from the Church with the tradition of public anathema on the Week of Orthodoxy.

34. When, during the examination in the Diocesan Court of cases subject to it, crimes that are subject to a criminal court are discovered, the civil authorities are notified of this.

35. Priests who do not keep the secrets of confession, if they are convicted of this crime, are banned from service for a period of 3 years, and if this crime is repeated, they are ejected from the priesthood. If, during the examination of the case of an illegal marriage, it turned out that the clergyman decided to commit illegal marriage for selfish purposes, then he is still subject to a monetary fine in favor of the Charitable Foundation at the Synod of Bishops. The clerk who deliberately participated in this crime is removed from his post.

36. A clergyman, daring in the church, or outside it, in sacred vestments to perform the service while intoxicated, if he is convicted of this crime, for the first time is renounced from the place and is forbidden in the clergy until repentance and correction; when this crime is repeated, the priest who performed the Divine Liturgy while intoxicated is ejected from dignity.

37. A clergyman, daring to beat someone with his hands or with some kind of weapon in the church, is ejected from his rank and degraded to clergy, and clerks guilty of such an act are removed from office. Likewise, priests and clergymen are subjected to the same penalties if they, by their obscene words or actions during the service, cause temptation or confusion, which will result in a stop in the service. A clergyman, convicted of beating in all other cases, is subjected to strict canonical interdiction, up to and including eruption, depending on the degree of his guilt.

38. Priests and clergymen who, outside the temple, have shown disrespect for the temple, shrine and sacred objects of the temple with their indecent words or actions - for the first time are punished with a severe reprimand, sometimes with the imposition of penance, depending on the quality of the offense; the second time they go to the monastery for repentance for up to 3 months and bearing the most difficult obedience, and for the third time they completely renounce their place and the clergy are prohibited from serving in the priesthood until they are sincerely repentant and completely corrected.

39. Priests exposed in grave criminal offenses are ejected from their dignity, and those guilty of the same clergy are deprived of the right to proceed to Holy Communion for up to 10 years with dismissal from their post without the right to receive such one ever later.

40. Priests and clerics of all degrees, convicted of fornication, adultery, unlawful cohabitation and other vices against the 7th Commandment, are subject to expulsion from dignity or from their degree. The clergymen who are guilty of the above crimes are renounced from their offices and are subjected to prolonged deeds of repentance and deprivation of the right to proceed to Holy Communion until their complete repentance and correction.

41. Priests are subject to the same punishment as all priests for their respective misdemeanors and crimes. Ordinary monks are punished for their misdeeds and crimes, according to the charter of the monastery.

42. Persons who have departed from orthodox faith and those who have converted to another confession, who have also embarked on the path of preaching unbelief, heresy and schism and causing confusion and division in the Church of God for the sake of worldly benefits and goals, in cases of their persistence and failure to correct them by their sufficient admonition, are subject to the following punishments: priesthood, clergymen and officials in the church - to dismissal from office and excommunication, and ordinary laity - to excommunication from the Church.

43. Elders and deacons who disregard their legitimate bishops and arbitrarily separate from them and without their permission and blessings organize services for services, or build kings against their legitimate bishops, in cases of unrepentant and uncorrected, after their admonitions, they are subject to degradation.

44. Priests convicted of extortion of payment for the sacraments given or the performance of the requirements are brought to justice up to their removal from office.

45. A priest who, out of negligence in fulfilling his duties, allowed a baby to die without holy baptism, or dying without the parting words he asked for, is brought to strict responsibility up to the removal from office.

46. \u200b\u200bPriests and clergymen who, according to the complaints of the parishioners, are found guilty of a malfunction in the performance of divine services and rituals, as well as non-peacefulness, are subject to penalties at the discretion of the Diocesan Bishop or the Diocesan Court.

47. The decisions of the Diocesan Court on the deprivation of priesthood are carried out after their approval by the Synod of Bishops. In the event of an appeal against such decisions within the legal time limit on appeal to the Synod of Bishops, the execution of the decision of the Diocesan Court shall be suspended until the final decision of the case by the Synod of Bishops, and the latter shall be executed immediately.

48. Decisions of the Diocesan Court concerning persons of secular rank, regardless of whether or not they are officials in the parish, are also enforced if the convicted persons did not submit, within the prescribed time and in accordance with the established procedure, their appeals against decisions, by which they were unhappy. If they have submitted their appeals, then the final decisions of the Synod of Bishops will be enforced.

49. In order to assert the authority of the Church Court and prevent biased decisions of this Court brought before the Court, the parties (plaintiffs or defendants) are given the right to challenge ecclesiastical judges in the event that the latter are in one way or another involved in the case decided by the ecclesiastical court, or are with plaintiffs or defendants in such close degrees of kinship or property as are usually an obstacle to the conclusion of church marriages.

Note: For the same reasons, plaintiffs or defendants may demand the removal of persons conducting the inquiry or investigation.

50. In order to establish the authority of the ecclesiastical court and to protect against incorrect and unjust accusations or malicious slander against the clergy or church officials who have been found innocent of the crimes they are charged with, the complainants or accusers may be held accountable by the ecclesiastical authority before the ecclesiastical court and the latter they may be subject to the same punishments or corresponding punishments as would be subjected to the persons accused by them if the crimes accused by the latter were proven.

E. ABOUT PRIVATE CLAIMERS, OR ACCUSERS, ON SOME RIGHTS OF ANSWERERS OR ACCUSED AND WITNESSES IN CHURCH COURT.

51. On church affairs, as well as on personal affairs of clergy concerning their position and behavior, one should not accept complaints and denunciations from all private individuals without research, but must first investigate public opinion about them (IV Ecumenical Council, rule 21). The charges against clergy in the above cases are not accepted:

a) from infidels, Jews, heretics (Carthage Council, Canon 144, Apostolic Canon 75, II Ecumenical Council, Canon 6),

b) from convicted and ejected clergy, or excommunicated laity, also from the defendants and from those who themselves were denounced (II Ecumenical Council, 6 rights., Carthage Council, 143 rule),

c) from the defamed and unethical (Carthaginian Council, 8 and 28 rule),

d) from those who previously considered the same case or were present during the consideration of it and from their household (Carthage Council, rule 7),

e) from those who are not admitted by civil laws to denunciations (Carthage Council, 144 rule),

f) from persons on whom there is a stain of dishonor, such as: from shameful, from those involved in shameful deeds, from those who are in illegal and non-church cohabitation (Carthage Council, rule 144),

i) from informers, who have one of the many accusations brought by them, has already been investigated and remained unproven (Carthage Council, rule 145),

h) from minors, and

i) from the insane.

52. A private complaint against clergymen, for example, in claiming an estate or in any other offense, must be received from any person (II Ecumenical Council, rule 6).

53. The accused and the accused, as well as the witnesses indicated by them for interrogation by the court, are notified in advance about the day of the judgment and the place of his person by special summons.

54. On the basis of the obtained investigative material, on the basis of the obtained investigative material, in writing, the Diocesan Church-Judicial Power shall present to the person accused, or the defendant, precisely formulated charges, to which he has the right, for the purpose of his defense, to give answers with explanations in writing prior to the trial and oral answers during the judgment. Written replies, however, do not exclude the appearance of the defendant for the plea and the invitation summons of the court always indicates whether the defendant's personal presence at the plea is obligatory or not.

55. A person accused (or a defendant) may ask the Church Court for the right time to defend himself (St. Cyril of Alexandria, I rule), but in cases requiring a speedy resolution, depending on the circumstances, the time for defending the accused may be limited by the decision of the Church Ships.

56. If the personal appearance of the defendant at the court agreement is recognized as mandatory and this was indicated in the invitation summons of the court, then the failure of the defendant (or the accused) to appear in court, without a sufficiently substantiated reason, aggravates the measure of his guilt, and the Court, upon certification of the fact that he received the summons, shall consider it case in absentia, on the basis of materials and data of the preliminary inquiry or formal investigation, as well as oral statements of the accuser or accusers and witnesses who arrived for the trial (Apostolic rule 74, Carthage rule 28).

57. The personal appearance of the defendants for the court agreement may be optional in all cases when the court and the defendant are not in the same country and for the defendant there are obstacles beyond his control to appear at the court agreement. In such cases, the court makes its decision on the basis of the investigative material, the written answers of the defendant and other information that it may have.

58. The court may be adjourned at the request of both parties or one party only, for particularly valid reasons, as determined by the Court.

59. The court may itself postpone the final examination of the case if, in order to fully clarify it, additional data are required that could be delivered to the Court after the additional investigation is carried out on the spot, or if in the course of the court agreement it becomes necessary to replenish the investigative material with new data hitherto unknown to the court.

60. The Ecclesiastical Court cannot condemn anyone and impose this or that punishment without sufficient evidence establishing the guilt of the accused (Theophilus of Alexandria rule 6). The indictment of one person alone, without other evidence, is insufficient to bring about a conviction.

61. If the prosecutors, being invited by summons to be personally present at the trial, deliberately disappeared during the trial or defamed themselves in some way, then the accusation is not taken into account and the case itself is terminated (Canon 28 of Carthage), if it is not criminal case.

62. If during the trial the clearly defamatory nature of the accusation becomes clear, then the accuser or accusers who belong to the membership of the Russian Orthodox Church Outside of Russia are different forms church penance, depending on the nature of the libel, the persons on whom the libel was raised and the degree of temptation that it could produce. Wicked slanderers who seek to undermine the authority of the Church can be punished by excommunication from the Holy Orthodox Church until they are completely repentant and corrected.

63. In order to assert the authority of the Church Court and to protect clergy from unjust accusations, persons who have brought unjust and unfounded accusations may be subjected by the Church Court to the same or corresponding punishments as the accused would be subjected if the crimes imputed to them were proved at the Court.

64. Witnesses in church and personal affairs of clergy, concerning their office and behavior, in church courts may not be:

a) infidels, pagans, Jews (Canon 144 of the Council of Carthage),

b) heretics (Apostolic Canon 75 and II Ecumenical Council Canon 6),

c) schismatics,

d) expelled for guilt from the clergy from the category of laity and excommunicated,

e) themselves who have previously been denounced and have not yet cleared of accusations (II Ecumenical Council, rule 6),

f) condemned (Canon 7, 8, 28 of the Council of Carthage), even a true believer, if he is alone (Apostolic Canon 75 and III Ecumenical Council 2 rights.),

g) those persons from whom it is not allowed to receive denunciations,

h) informers from their home,

i) minors below the age of 14 (rule 146 of the Council of Carthage),

j) those who have previously judged the case on which they are called to testify,

j) insane, and

k) who are at enmity with one of the litigating parties.

65. Witnesses of the parties, as well as witnesses called by the church-judicial authorities, before being interrogated in court (as well as during the production of formal investigations) are sworn in, before which they are subjected to pastoral admonition to testify the pure truth in court with the awareness of their responsibility before civil law and by God at His Last Judgment.

66. The testimony of adult witnesses - eyewitnesses for the church court are of greater importance than the testimony of minor witnesses or witnesses who transmit this or that information on the case from the words of third parties who were or did not witness what they testify.

67. Challenge of witnesses by the parties is allowed if it has sufficient legal grounds, which are referred to in paragraph 64 of this Regulation.

SECOND DEPARTMENT.

ON THE CHURCH COURT OF THE ARCHIERIAN SYNODE.

68.The court of the Synod of Bishops of the Russian Orthodox Church is divided by the border:

A. To the church court of first instance,

B. To the ecclesiastical court of second instance, and

C. To the church court of third instance.

A. THE COURT OF THE ARCHIEREAN SYNODE OF FIRST INSTANCE.

69. The court of the Synod of Bishops in the first instance shall be subject to:

a) Diocesan and Vicar Bishops, as well as Bishops who are at rest and outside the state (except for the First Hierarch, who is only accused of the Council of Bishops);

b) priests of the priesthood and deacon of the Russian Orthodox Church Outside of Russia in cases concerning the deprivation of their priesthood by the Diocesan Court, since the deprivation of their priesthood is associated with the consent and approval of the Synod of Bishops;

c) officials of the clergy and laity who are in the service of the Synod of Bishops or in other institutions directly subordinate to the Synod of Bishops;

d) persons of clergy and laity in matters relating to their complete excommunication from the Orthodox Church, which is also associated with the consent and approval of the Synod of Bishops, and

e) persons of clerical, monastic and secular rank who are in parishes or outside them, in spiritual missions, monasteries and synodal yards, directly to the Chairman of the Synod of Bishops subordinate.

70. Bishops are subject to the ecclesiastical court of the Synod of Bishops as the first judicial instance:

a) for public speeches from the church pulpit, in the press, in public or private gatherings, as well as in personal written and oral opinions that are tempting, contrary to the teachings of the Orthodox faith and Christian morality,

b) for an important violation of church discipline and church deanery,

c) for offenses, misdemeanors and crimes by office,

d) for abuse of power;

e) for personal misbehavior and activities, or occupations that do not correspond to their high spiritual rank and serve to undermine the authority of the episcopal rank and the Orthodox Church itself;

f) for personal criminal offenses, etc., at the same time, persons of the bishop's dignity, in cases of revealing at the church court their guilt in one or another misdemeanor or crime, are subjected to strict penalties according to church canons to a greater extent than a clergyman of other degrees priesthood, especially in cases of stubborn unrepentance and incorruption.

71. All complaints and reports directed against bishops must be submitted to the Chairman of the Synod of Bishops, who, depending on their content, nature and importance, or himself considers and resolves them in an administrative manner through appropriate measures, or leaves them without consequences, or it also submits them for consideration to the Synod of Bishops, which decides the case in an administrative manner, or decides to consider it in a judicial procedure. In the latter case, the Synod of Bishops is guided by general rules church court proceedings.

Note: This does not include complaints or responses submitted to the Synod of Bishops or its Chairman, the First Hierarch, against decisions and actions of the Diocesan authorities and the Diocesan Court on appeal.

72. According to church canons, complaints and reports with accusations against bishops from persons listed in paragraph 52 of this provision are not accepted for proceedings in the Church-Synodal Court, except in cases of criminal charges or civil claims (for example, on non-payment of promissory notes ). The same persons, deprived of the right to prosecute, cannot be witnesses in the church court in the prosecution of bishops in church affairs.

73. In the proceedings of the church trial over bishops, the following procedure is observed: if a case does not require an urgent decision, but, on the contrary, needs time for a thorough and complete examination of it, then the Synod of Bishops in its usual composition, upon preliminary acquaintance with the case presented by the Chairman of the Bishop The Synod, depending on the nature and circumstances of the case, first makes a preliminary decision on whether to conduct an inquiry or formal investigation on the spot, or to limit itself to demanding from the accused comprehensive detailed explanations on the points of accusation proposed by the Synod of Bishops. One or the other, i.e. Investigative material with the responses of the person who carried out the inquiry or formal investigation, or only the explanations of the accused, are submitted to the Synod of Bishops which, in its usual composition, having heard the whole case, as well as oral additional explanations of the accused, makes its decision, which is announced to the defendant and carried out.

74. If the case brought against the bishop contained such grave charges that, after confirmation by the court, could entail the removal of the convicted person from office with dismissal of him, or a ban in the priesthood, or deprivation of the priesthood, or even complete excommunication Church, the President of the Synod of Bishops convenes the latter for a regular or extraordinary session in an expanded format, which hears in a special court session with all investigative and judicial material and responses, listens to oral explanations of the accused, and in some cases, the accused party and witnesses, if circumstances are necessary and possible, and then, after comprehensively discussing the whole case, makes his decision, which is announced to the defendant and enforced.

75. If the accusation is proved, the defendant is removed from his office, or is prohibited from serving in the clergy, in accordance with the sentence, but deprivation of dignity or excommunication from the Church is not carried out, if within 14 days after the announcement of the court decision, the defendant announces to the latter about his intention to submit an appeal to the Council of Bishops, such a complaint will be submitted within the specified time limit.

76. If the matter required an urgent decision or urgent removal of the bishop from his seat, the Chairman of the Synod of Bishops first makes all the necessary orders of a preventive nature, including, in an exceptional case, the temporary removal of the Right Reverend, then, if necessary, instructs one of the bishops to carry out an unspoken or public inquiry, and in some cases a formal investigation on the spot in an expedited manner, so that all materials obtained by the investigation on the spot, together with the responses of the bishop who investigated the case, are presented by the day of the urgent emergency meeting of the Bishops' Synod appointed by the Chairman of the Synod of Bishops Synod, which, depending on the nature and circumstances of the case, is convened in the usual or in an expanded composition of its members. The Synod of Bishops in court sessions, having heard the whole case and the oral explanations of the accused, if possible due to the circumstances, makes its decision.

Note: The personal appearance at the Court of the parties and their witnesses is optional if it refers to persons residing outside the country where the Synod of Bishops has its residence, and if their arrival at the Court is impossible. Such persons may submit their written explanations or statements in addition to the statements or explanations made by them earlier in the course of the inquiry or investigation.

77. Bishops tried by the court of the Synod of Bishops have the right, within 6 months after the announcement of the court's decision, to appeal this decision on appeal before the High Court of the next regular Council of Bishops. They must declare their intention to file an appeal no later than 2 weeks after the announcement of the court decision.

78. In court cases of particular importance concerning bishops, the term for the submission of explanations by the accused may be extended by the Synod of Bishops to 3 months, and in some exceptionally valid cases, up to 6 months, if this is followed by a corresponding reasoned request from the accused. basis in the very circumstances of the case. The Synod of Bishops notifies the accused of the extension of the time limit for submitting explanations, and in the same way, it notifies him in the event that the request for an extension is denied.

79. When particularly grave accusations are brought against a bishop (for example, in crimes against the Orthodox Faith, an important violation of church discipline, immoral behavior, etc.), the Synod of Bishops may temporarily remove the person put on trial from the performance of his office before the decision of the church court, and in some cases, and prohibit him in the priesthood.

80. In the case of the erection of a bishop, obviously slanderous slander by the accusers, the latter, according to the 6th rights. II Ecumenical Council, are subject to the same measure of punishment, which would be subject to the accused, if his crime was proved by them.

81. Personal disputes and misunderstandings between bishops can be settled by the High Priest, to whom the bishops can turn as an arbitrator. In this case, his decisions are binding on both parties.

82. If serious misunderstandings and disputes arise between the bishops, which serve or may serve in the future as a great temptation for believers and undermine the authority of the hierarchy of the Russian Orthodox Church Outside of Russia, its First Hierarch should take energetic measures to put an end to the disputes and misunderstandings that have arisen. In case of failure of those, the Primate submits the case for consideration and decision of the Synod of Bishops in court.

On the trial of the Synod of Bishops as the first ecclesiastical court of justice over persons of clerical, monastic and lay rank, directly subordinate to the Synod of Bishops; also over persons sentenced to defrocking and complete excommunication.

83. All clergy, monastics and lay persons who are in parishes or outside them, in monasteries, in monastic or Synodal farmsteads in different countries of the Russian diaspora, subordinate directly to the Synod of Bishops of the Russian Orthodox Church Outside of Russia, in judicially subordinated to the court of the Synod of Bishops in its small composition (the Chairman and 2 members of the Synod of Bishops), as the first court of law in all matters of ecclesiastical and ecclesiastical discipline, including cases of ecclesiastical marriages and divorce, with the application of the procedure used in the Diocesan Courts ...

84. The persons referred to in the previous paragraph have the right, within the established time limits, to submit appeals against the judgments of the Synod of Bishops in its small composition, as the first court instance.

85. Appeals of those dissatisfied with the decisions of the court of first instance are submitted to the Chairman of the Synod of Bishops and are considered in court sessions of the Court of Appeal with the normal full composition of the Synod of Bishops, if, moreover, new materials are submitted for consideration: indicating new or changed circumstances.

Note: In the absence of any of the members of the Synod, he is replaced by one of the deputy members of the Synod.

86. The measures of punishment, or punishment by the Court of the Synod of Bishops, acting as a court of first instance, are applied the same as those indicated earlier in the section of the Diocesan Court in Section "D" of this Regulation.

87. Officials of clergy and secular rank, who are in the service of the Synod of Bishops, and who have revealed themselves to be defective in service or who have committed certain abuses with causing material or moral damage to the institution in which they served, or its employees, in addition to imposing various administrative penalties, up to and including dismissal and surrender to the state civil or criminal court, may also be brought before the ecclesiastical court of the Synod of Bishops in the first instance under the usual procedure of church investigation and legal proceedings, if, in addition to malfunction and abuse of service, they conduct harmful and destructive work against the Russian Orthodox Church abroad, or if they do not obey their superiors, or are guilty of non-conduct, or of criminal offenses prosecuted by state law, as well as anti-religious and anti-moral crimes.

Note: In relation to the clergymen of the Synod of Bishops, the same rules about accusers and witnesses are observed, which apply to all other clergy brought before the ecclesiastical court.

B. ABOUT THE COURT OF THE ARCHIEREAN SINODE IN ITS SECOND INSTANCE: THE COURT OF APPEAL.

88. The Court of Appeal, being the second ecclesiastical court, is the jurisdiction of the Synod of Bishops in its usual composition.

89. The court of appeal is carried out at the court session of the Synod of Bishops and has its purpose to review all sentences lawfully appealed by the parties before the Synod of Bishops of the sentences of the courts of first court instance.

90. The Court of Appeal is made only on the basis of a written complaint by the party who remained dissatisfied with the verdict of the first court instance, and within the limits specified by the complaint.

91. Dissatisfaction with the court decision and the desire to file an appeal must be declared within two weeks from the date of the announcement of the decision, and a reasoned appeal must be submitted within 30 days, calculated from the same day.

92. At the sessions of the court of appeal, at the request of the latter, in addition to the complaints themselves and all the investigative and judicial material, oral statements of the parties may also be heard.

93. If the Court of Appeal of the Synod of Bishops, when considering the case, found that the Court of First Instance did not have sufficient completeness of the investigative and other materials, or the case was not sufficiently complete and comprehensively examined, then it may either return the entire case to the first court instance, demand that the existing the order of the court of the material with new data, to reconsider the whole case, in accordance with these instructions from the Court of Appeal and make a decision on it, which to submit for consideration and the final opinion of the Court of Appeal, or, without returning the trial of the first instance, the Court of Appeal may request from the first court instance missing investigative or judicial data, and himself, without any mediation of the court of first instance, to re-decide the case, and make a final judgment on it.

94. In the secondary consideration of a court case at first instance at the request and instructions of the Court of Appeal, the participation of the parties and witnesses to give additional testimony, or new witnesses who can provide new information on the case, is necessary if deliberate instructions were made about this with parties to the Court of Appeal.

95. Cases in the sessions of the Court of Appeal of the Synod of Bishops are decided by a simple majority of votes, with the vote of the Chairman in the event of a split of votes.

96. The reports of cases before the Court of Appeal and the drafting of decisions of the latter are entrusted to the Registrar of the Court.

97. Cases in the Court of Appeal can be terminated with the mutual consent of the parties, subject to changes, as well as the absence of circumstances that could cause moral damage to the Church, or her hierarchy.

98. The verdicts or decisions of the Court of Appeal of the Synod of Bishops replace the verdicts or decisions appealed by the first ecclesiastical court instance and are final, unless a cassation appeal has been filed against them.

C. THE COURT OF CASSATION OF THE ARCHIERIAN SYNODE AS THE THIRD CHURCH-JUDICIAL INSTITUTION.

99. The Synod of Bishops issues court rulings in cassation on complaints aimed at overturning objectionable decisions of the courts of first instance on purely formal grounds related to violation of church laws and other grounds on which church proceedings are based, as well as the very rules of conducting church proceedings.

100. Acting on cassation, the Court of the Synod of Bishops, having examined the appealed decisions of the lower ecclesiastical courts from a formal point of view, that is, compliance or non-compliance with their church and civil laws, the foundations of church court and the rules for conducting church proceedings, confirms or completely cancels previous decisions; in the latter case, returning the case for new consideration to the first instance court in the same or new composition. The rulings of the Court of Cassation are final and not subject to any re-determination; therefore, upon their announcement, they immediately enter into force.

101. Persons whose cassation appeal was left by the court without consequences can no longer initiate the aforementioned cases before the ecclesiastical court and the ecclesiastical authority should not accept from them for a new proceeding such cases that have already passed through the highest cassation instance.

102. Reports and proceedings on cases passing through the Court of Cassation are made under the guidance of the president of the court by the court secretary.

THIRD DEPARTMENT.

ON THE CHURCH COURT OF THE ARCHIEREAN COUNCIL.

103. The Council of Bishops of the Russian Orthodox Church Outside of Russia is the supreme ecclesiastical and judicial authority for all members of this Church. His court decisions are final.

104. The court of the Council of Bishops is of two kinds:

A. Court of first and final ecclesiastical court, and

B. The court is mediocre - like the second instance of appeal, also final.

A. DIRECT COURT OF THE ARCHIEREAN CATHEDRAL.

105. The following are directly subject to the Court of Bishops' Council:

a) First Hierarch of the Russian Orthodox Church Outside of Russia,

b) each bishop of the Russian Orthodox Church Outside of Russia, if the actions imputed to him have not yet been the subject of consideration in the Synod of Bishops, or if the latter has not yet passed this or that decision regarding them,

c) persons of clergy, monastic and secular rank, belonging to the composition of the Russian Orthodox Church Outside of Russia, on cases that were first instituted at a council, and do not require a preliminary examination of them in the field, but require an authoritative judicial-council decision, such as, for example. cases of their obvious deviations from the Orthodox faith and the Church, open dissemination of heretical or godless teachings orally, in writing, by printing or in any other way, shameful anti-moral behavior, clearly corrupting the religious and church life and good morals of Orthodox Christians, combined with stubborn disobedience to repeatedly calling them to the correction of church authority, and, finally, any open anti-church activity that directly or indirectly contributes to the breakdown of church government and the corruption of church life in the Russian Orthodox Church Outside of Russia.

106. The trial of the First Hierarch is carried out by the entire composition of the members of the Council of Bishops under the chairmanship of the oldest bishop who is a member of the Council on the initiative of at least one third of its members who have submitted specific charges to the Council, or by a reasoned decision of the Synod of Bishops under the chairmanship of its oldest member.

107. None of the bishops brought before the Court of the Council of Bishops can be deprived of the right to make personal reports at the court, or give personal explanations in their defense in front of the Court, present documentary evidence and put their witnesses to be questioned by the court or to give explanations to it.

108. Since, according to this Regulation on the Church Court, the Synod of Bishops and the First Hierarch of the Russian Orthodox Church Outside of Russia are subject only to the Council of Bishops, the only ecclesiastical court for him, then, in cases of his conviction and dissatisfaction with this court, they must obey the decision of the Council; but in the absence of a canonical connection with the hierarchy and administration of the Local Russian Orthodox Church, it has the right to appeal for its rehabilitation to the heads and Councils of those Orthodox Local Churches that are in prayer communication with the Russian Orthodox Church Outside of Russia.

B. MEDIA COURT OF THE ARCHIEREAN CATHEDRAL.

THE COURT OF APPEALS AS A SECOND CHURCH-JUDICIAL INSTANCE.

109. The Court of the Bishops' Council is the second, i.e. The appeal, ecclesiastical court, first of all for all bishops of the Russian Orthodox Church Outside of Russia; those judged by the Court of the Synod of Bishops, if they had remained dissatisfied with the court of the latter and submitted their appeals through the First Hierarch within the prescribed period; secondly, for all persons of clergy, monastic and secular rank, condemned by the direct court of one of the previous Councils of Bishops, who would wish to justify themselves before the Church due to the changed circumstances of their life, behavior and bringing them complete repentance.

110. Persons who have been convicted directly by the court of the Bishops' Council on whatever grounds have the right to petition before the next regular Council of Bishops to ease the punishment or penance imposed on them, or to completely abolish them.

111. Petitions for facilitating or canceling penances imposed by the Court of the Council of Bishops shall be considered by the Council only if, together with their petitions, they present to the Council endorsements from local confessors and local spiritual authorities; moreover, the submission of such applications is not limited in time.

112. A person of the Bishops' dignity, who has submitted his appeal or withdrawal within the established time limit, has the right to defend himself in the Court of Appeal and personally give the necessary explanations. It receives a notice in advance from the Synod of Bishops of the time and place of appointment of the court.

113. Although the leadership of the court belongs to its President, but the members of the Council, as members of the court, have the right, with the knowledge and permission of the President, to put questions to the convicted person during the adjudication.

114. All cases in the Council of Appeal are decided by the common consent of all members of the Council. If this is not possible, then by a simple majority; moreover, in case of equality of the divided votes, the vote of the Chairman is decisive.

115. Reports and proceedings on cases passing through the Court of Appeal of the Bishops' Council are made by the court secretary on the instructions of the chairman of the court.

MEDIUM COURT OF THE ARCHIEREAN CATHEDRAL.

THE COURT OF CASSATION AS A THIRD CHURCH-JUDICIAL INSTITUTION.

116. The Court of Cassation of the Synod of Bishops considers applications or complaints filed on behalf of persons dissatisfied with the court decisions of lower instances, confirmed by the Court of Appeal of the Synod of Bishops on formal grounds.

117. Cassation complaints or applications are submitted to the name of the Council of Bishops through its Chairman, signed by the person on whose behalf the cassation appeal is being made.

118. Since the purpose of the cassation appeal or application is to achieve the cancellation of undesirable decisions of previous instances by protesting formal violations of church laws and the rules of legal conduct of church proceedings, the court of the Bishops' Council in cassation, without examining the case on the merits, considers it and the decision on it formally -the legal side, i.e. from the point of view of compliance or non-compliance with church laws, on what grounds he either confirms the previous decisions of the lower courts, or cancels them completely, returning the case to a new consideration.

119. Decisions or judgments of the Court of Cassation of the Bishops' Council are not subject to any further revision, are considered final and, after their announcement, they enter into legal force.

120. Reports and proceedings on cases of the Court of Cassation of the Bishops' Council under the direction of the President of the Court are made by the Secretary.