Lectures on Church Law

The meaning of the Holy Scriptures. Synod in the Church and in the State

Having replaced the All-Russian Patriarch, St. The Synod in the hierarchy of the Universal Church took a place equal to that of the other four patriarchs and received their rights. "He has the power to create and accomplish the four Apostolic Holy Patriarchal Sees," the Eastern Patriarchs confirmed in their letters. Therefore, where the name of the Patriarch is supposed to be commemorated in the rite of divine services, the Holy Synod is commemorated. Synod. In matters concerning the universal Church, he is the representative of the Russian Church and on her behalf communicates with the governments of other local Churches. With regard to the Russian Church proper, St. The Synod received power and authority, in the words of the Ecclesiastical Regulations, "almost greater than that of the Patriarch, since the Council," that is, it combined in itself the power not only of the Patriarch, but also of the local Council, the highest administrative, judicial, and legislative power. "This spiritual conciliar government has to administer all spiritual affairs in the All-Russian Church," wrote Emperor Peter I in his manifesto, "and we command all our faithful subjects, of all ranks, spiritual and temporal, to have this as an important and powerful government, and to ask for the utmost spiritual affairs of administration, decisions and accomplishments, and to be content with his definite judgment and to listen to his decrees in everything, under great punishment for resistance and disobedience." In relation to the Supreme Authority of the Holy Trinity. The Synod is the supreme institution through which the autocratic power of the Sovereign Emperor acts in church administration, who, as a Christian Sovereign, is the supreme defender and guardian of the dogmas of the prevailing faith and the guardian of orthodoxy and every holy deanery in the Church. (Holy Laws, Vol. I, Basic Laws, Articles 42-43). Among other government institutions in the state of St. Catherine. The Synod is placed on a par with the Governing Senate. According to the decree of Peter the Great, in matters concerning the ecclesiastical and state departments together, the Synod and the Senate had to agree, and their general decisions were submitted to the Tsar for approval; and in the absence of the Sovereign, they received the force of the decisions of the Supreme Power. However, in subsequent reigns, the importance of the Synod together with the Senate weakened. Thus, during the reign of Empress Catherine I, both of them were subordinate to the Supreme Privy Council, and all the affairs that were to come from them to the Tsar went to this Council; the Synod and the Senate were even deprived of the name "governing". After the abolition of the Supreme Soviet, they were placed in the same position in relation to the Cabinet of Ministers, established under Empress Anna Ioanovna. At this time, the Senate acquired predominant importance over the Holy Synod. Synod, so that he considered himself entitled to publish, in addition to the Holy Synod. Decisions on such cases as concerned the latter's department. At the beginning of the reign of Empress Elizabeth Petrovna, who abolished the Cabinet of Ministers, the former significance and rights of the Holy Synod of Bishops of the Russian Federation. Synod and Senate, as the highest governmental institutions in the Empire, and their mutual relations were restored. Their conferences ceased with the establishment of the Ministries. Note. St. The Synod and the Governing Senate communicate with each other directly through the authorities (St. Z., I. Uchr. Sen. 188).

The power of St. Synod

The Department of the Holy Synod. All institutions of the Russian Orthodox Church, its ministers, and all its members in general, as far as spiritual matters concern them, are subject to the Synod. In the same sense, foreign clergymen of the Orthodox faith who come to Russia to reside are subject to its jurisdiction. According to the spiritual regulations, St. The Synod mainly sees to it that everything in the Russian Orthodox Church is in accordance with Christian law, and that the Orthodox have all the means to succeed in faith and piety. As the legislative power in the Russian Church, St. The Synod: issues decrees concerning the preservation, affirmation and spread of the Orthodox faith, the elevation of the religious and moral life of Orthodox Christians; it examines and approves for general guidance the expositions of Orthodox teaching (e.g., catechisms); it establishes new feasts (and, in extreme cases, fasts) in the Russian Church, examines and bears witness to the holiness of the deceased God-pleasers (their canonization), holy relics, miraculous holy icons, and miracles in general, establishes the veneration of saints, introduces new church services, prayers and church rites (e.g., processions of the cross), or corrects existing ones; it explains the canons of the universal Church; In accordance with the basic provisions and the spirit of the canons, it issues new rules for church improvement and management, statutes of various church institutions. The new decrees of the Holy Synod. The Synod receives the force of law in the state with the permission and approval of the Sovereign. St. The Synod also participates in state legislation on subjects relating to both spiritual and secular affairs. As the supreme governmental authority, St. The Synod has the main guardianship of the well-being and well-being of the Russian Church, the supreme supervision of all its institutions and persons, of spiritual enlightenment in it, of church property. He gives final decisions in cases of misunderstandings concerning church administration, and in all the most important church questions and affairs. He carries out the Highest commands concerning the administration of the Orthodox Church, and through him all matters that require the Highest resolution and approval ascend to the Tsar. (About private affairs subject exclusively and directly to the governmental authority of the Holy Synod will be spoken of in the articles concerning these cases). As the highest spiritual judicial authority, St. The Synod judges (in cases subject to the jurisdiction of the spiritual court) its members and bishops (for whom it is the only judicial instance), makes decisions on appeals and private complaints against diocesan spiritual courts, in particular, the rulings of these courts on the dissolution of marriages and on the recognition of the invalidity of marriages go back to it in the revision procedure (with a few exceptions); exclusively his authority has the right to impose the highest ecclesiastical punishment - excommunication from the Church. As representing the Russian Church, St. The Synod communicates with the governments of other Orthodox Local Churches.

Persons and institutions at the Holy Synod. Synod

The Department of the Holy Synod. All institutions of the Russian Orthodox Church, its ministers, and all its members in general, as far as spiritual matters concern them, are subject to the Synod. In the same sense, foreign clergymen of the Orthodox faith who come to Russia to reside are subject to its jurisdiction. According to the spiritual regulations, St. The Synod mainly sees to it that everything in the Russian Orthodox Church is in accordance with Christian law, and that the Orthodox have all the means to succeed in faith and piety. As the legislative power in the Russian Church, St. The Synod: issues decrees concerning the preservation, affirmation and spread of the Orthodox faith, the elevation of the religious and moral life of Orthodox Christians; it examines and approves for general guidance the expositions of Orthodox teaching (e.g., catechisms); it establishes new feasts (and, in extreme cases, fasts) in the Russian Church, examines and bears witness to the holiness of the deceased God-pleasers (their canonization), holy relics, miraculous holy icons, and miracles in general, establishes the veneration of saints, introduces new church services, prayers and church rites (e.g., processions of the cross), or corrects existing ones; it explains the canons of the universal Church; In accordance with the basic provisions and the spirit of the canons, it issues new rules for church improvement and management, statutes of various church institutions. The new decrees of the Holy Synod. The Synod receives the force of law in the state with the permission and approval of the Sovereign. St. The Synod also participates in state legislation on subjects relating to both spiritual and secular affairs. As the supreme governmental authority, St. The Synod has the main guardianship of the well-being and well-being of the Russian Church, the supreme supervision of all its institutions and persons, of spiritual enlightenment in it, of church property. He gives final decisions in cases of misunderstandings concerning church administration, and in all the most important church questions and affairs. He carries out the Highest commands concerning the administration of the Orthodox Church, and through him all matters that require the Highest resolution and approval ascend to the Tsar. (About private affairs subject exclusively and directly to the governmental authority of the Holy Synod will be spoken of in the articles concerning these cases). As the highest spiritual judicial authority, St. The Synod judges (in cases subject to the jurisdiction of the spiritual court) its members and bishops (for whom it is the only judicial instance), makes decisions on appeals and private complaints against diocesan spiritual courts, in particular, the rulings of these courts on the dissolution of marriages and on the recognition of the invalidity of marriages go back to it in the revision procedure (with a few exceptions); exclusively his authority has the right to impose the highest ecclesiastical punishment - excommunication from the Church. As representing the Russian Church, St. The Synod communicates with the governments of other Orthodox Local Churches.

Ober - the procurator of the Holy Synod. Synod

After the establishment of St. Peter the Great ordered the Synod, by decree to the Senate, to elect to the Synod a good man from among the officers, who would have the courage and could know the management of Synodal affairs, and to be the Chief Procurator in it. In the instructions for him, he is called the eye of the sovereign and a solicitor in state affairs. He was "obliged to sit in the Synod and see to it that the Synod preserves its office and in all matters that are subject to the Synod's consideration and decision, truly, zealously and decently, without wasting time, according to regulations and decrees, so that the Synod in its calling acts righteously and without hypocrisy, so that in the Synod not only deeds are done on the table, but are carried out by the very act according to the decrees." He was obliged to stop incorrect decisions of cases and report them to the Tsar. The Synodal Chancellery was directly subordinate to him. Subsequently, after the short existence of the Ministry of Spiritual Affairs (from 1817 to 1824), the importance and power of the ober-procurator increased even more. It was merged with the Ministry of Public Education, "so that Christian piety would always be the foundation of true enlightenment." The Minister was placed in the same relation to the Synod for administrative affairs as the Minister of Justice was to the Senate, except for court cases, the Ober-Procurator was subordinate to the Minister, presented him with memorandums on the cases heard in the Synod. On these memoranda, the Minister could announce his opinion, and then the cases were returned to the Synod for reconsideration. Through the Minister, the Highest Commands were announced to the Synod. According to the current law, the Ober-Procurator is a representative of state power in relation to the Holy Synod. the Synod and its department, and the person mediating between them; in addition, it has in its direct subordination some institutions of the spiritual department. As a representative of state power in the Holy Synod. In general, the Ober-Procurator supervises the progress of cases to be considered by the Synod and the execution of the resolved cases; when discussing matters in the Holy Synod. The Synod monitors the legality of discussions and decisions, offers its conclusions; in the event of decrees that are inconsistent with the laws or generally contrary to justice, he must immediately stop their execution and, with an explanation of the reasons, propose to the Holy Synod. The Synod to reconsider the matter; therefore he looks through all the minutes of the Holy Scriptures. The Synod, before carrying them out and endorses them with his consent; gives the Synod its own proposals concerning various measures. In case of failure of his proposals, he reports the matter to the Tsar. As a person who mediates between the Supreme Authority and the Holy Trinity. The Ober-Procurator transmits the reports of the Holy Synod. the Synod at the discretion of the Sovereign; declares the Holy Synod. To the Synod the Highest Commands; submits to the Tsar annual reports on the department of the Orthodox faith, as well as reports on important events concerning the Church. Petitions and complaints are handed over to the Ober-Procurator. (which relate to spiritual affairs and matters of administration of the Orthodox Church) submitted to the Highest Name. As a person mediating between the ecclesiastical and secular authorities, the Ober-Procurator communicates with the ministers and chief administrators of the affairs of the ecclesiastical department and on all matters relating to such relations, and comes up with proposals to the Holy Synod. Synod; is present in the Council of Ministers, in the State Council on an equal basis with the Ministers (Highest Approved Opinion of the State Council of 1904, Dec. 6), the Ober-Procurator is present in the Senate by his status (St. Z. I, Constitutional Decree of the Sen. Art. 8); 3) in litigation between the treasury and private individuals (specified in the Holy Laws. I vol. 1892, part 2 of article 120, paragraph 8 and article 125, paragraph 4) with the ecclesiastical department on property and some others; also, when considering contradictions (in the Cassation Courts) arising between general judicial rulings and spiritual courts on the jurisdiction of citizens. cases, the conclusion of the Synodal Ober-Procurator is required. The Ober-Procurator participates (with the Ministers of Internal Affairs, Justice, Public Education and others, according to their affiliation) in the discussion and decision on the indefinite suspension or complete cessation of periodicals (Censor of the Statute of 1890). Under the jurisdiction of the Ober-Procurator, in addition to the institutions at the Holy Synod. The Synod consists of the prosecutors of the Synodal Offices and the secretaries of the Ecclesiastical Consistories, through whom he monitors the execution of lawful decisions in the ecclesiastical department. To the officials of the synodal and diocesan administration, he owns. the authorities assign benefits and pensions; determines the spirit for the position of officials. department (up to and including the 5th grade), and dismisses. In addition to the Ober-Secretaries and Secretaries of the Holy Synod. the Synod, as well as the Secretaries of the Consistory; about them he gives proposals to the Holy Scriptures. Synod. The Ober-Procurator is appointed and dismissed by the Highest Nominal Decree addressed to the Governing Senate. In the affairs of his service, he is responsible only to the Tsar. Among the highest state officials, he is equated with Ministers. To help the Ober-Procurator was given (since 1865) an Assistant Ober-Procurator, with the rights and duties of Assistant Ministers. In the presence of St. of the Synod, one or the other sits at a special table.

Offices and Offices

Prior to the establishment of the Holy Synod. Synod under the patriarchs there were various orders, by means of which the patriarchs governed the affairs of the entire Russian Church, and, in particular, the affairs of their own diocese (Moscow). In them sat mainly the patriarchal boyars, with clerks and clerks, and decided affairs, reporting to the patriarch. Thus, under Patriarch Filaret, the following orders were established: the patriarchal category, which was in charge of the entire judicial part; state and palace, which were in charge of the income and economy of the patriarch. After the establishment of St. In the Synod, these orders were partly closed, and partly merged with the newly formed Synodal institutions, in which various changes also took place. At present, at St. The Synod has the following subordinate institutions:

Synodal Offices

Prior to the establishment of the Holy Synod. Synod under the patriarchs there were various orders, by means of which the patriarchs governed the affairs of the entire Russian Church, and, in particular, the affairs of their own diocese (Moscow). In them sat mainly the patriarchal boyars, with clerks and clerks, and decided affairs, reporting to the patriarch. Thus, under Patriarch Filaret, the following orders were established: the patriarchal category, which was in charge of the entire judicial part; state and palace, which were in charge of the income and economy of the patriarch. After the establishment of St. In the Synod, these orders were partly closed, and partly merged with the newly formed Synodal institutions, in which various changes also took place. At present, at St. The Synod has the following subordinate institutions:

Moscow Office

From the first years of its existence, St. The Synod often had to move to Moscow, where it continued its meetings. On his return to St. Petersburg, he left several of his members in Moscow to complete unfinished business; These members made up the Synodal department. In addition, there was to be a special administration in Moscow to administer the patriarchal diocese, which came under the direct jurisdiction of the Holy Synod. Synod. In this way, the Synodal Office was established. For some time (1731-1735) the Office was called St. Rules. Synod in Moscow. With the appointment of a special diocesan bishop for the Moscow diocese (former patriarchal) (1742), the administration of diocesan affairs was separated from the Office, transferred to the Moscow Spirit. Consistory and Moscow Bishop. The presence of the Office consists of: the First Metropolitan of Moscow (and in his absence, his vicar), one or two of the abbots of the Moscow stavropegic monasteries. If necessary, more members may be appointed. All of them are appointed by the Highest Commands on the recommendation of the Holy Synod. Synod. The Office is under the authority of the Office Prosecutor. The range of issues under the jurisdiction of the Office is not large. It was entrusted with the administration of the so-called stavropegic monasteries (with the exception of Solovetsky), the Dormition Cathedral and the Moscow Synodal House with its church library and sacristy, to watch over the clergy arriving in Moscow, and finally, to supply the dioceses with Holy Myrrh. From 1892, at the Moscow. Synod. The Office established the School of Church Singing.