Charter of the Russian Orthodox Church. Chapter XI

Plan for imposing bonds of silence and “obedience” on the monks of Russia

The Lord commands us not to remain silent when faith is in danger...
St. Theodore the Studite

The Commission of the Inter-Council Presence on the Organization of the Life of Monasteries and Monasticism, chaired by His Holiness Patriarch Kirill, in July, according to Russian press reports, resolved problems related to monastics of the Russian Church.

The Commission was tasked with counteracting the process of secularization and secularization that is observed in some monasteries due to the construction of luxury apartments, etc.

At the same time, the Commission is attempting to impose a complete restriction on the freedom of monks. It is worth noting that one of the goals of the Commission, which includes many bishops, is to introduce humiliating measures and impose complete obedience on the monks to the local bishops and the patriarch. In this regard, one of the publications reports that “monks do not have the right to comment on the opinions of the Patriarch, the ruling metropolitan, or their abbot,” and otherwise canonical measures must be applied to them in all their severity.....

It is clear that in Russia there is a well-organized plan to silence active monks, who will certainly resist the philopapist aspirations that have recently been observed in the actions of the hierarchy of the Russian Church. The new Patriarch Kirill and Metropolitan Hilarion of Volokolamsk, as it turns out, have moved away from the previous anti-papal line of the Russian Church, which it followed until recently, and are opening the door to large-scale ecumenism and philopapism. Moreover, who can forget about the visit of Metropolitan Hilarion to the Vatican more recently, in the month of May, and his numerous meetings there with all the main representatives of the papacy and the pope himself?

Can we not remain silent and criticize the opinion of the hierarchy?

We will not evaluate the foreign policy activities of Metropolitan Hilarion, since his position as chairman of the Synodal Department for External Church Relations inevitably involves some meetings with representatives of the heterodox world, and even the Pope. We will only dwell on one, in our opinion, the most important issue, which was raised in the article informing about the meeting of the Commission of the Inter-Council Presence on Monastic Affairs. This is a question about the supposed inadmissibility of monks commenting on and criticizing the opinions of church authorities: the ruling metropolitan, the patriarch, and even the abbot.
Let us say right away that such a position fundamentally contradicts the understanding of the Church as a God-human organism, its conciliar structure, in which each of its members, clerics, laymen, and monks, have freedom in Christ, and, therefore, have every right to express their opinion. The Church is not only the clergy (clerocracy), and not only the people (laocracy). The Church is both clergy and laity. “Therefore,” as emphasized by the modern Greek famous theologian and pastor, professor at the University of Thessaloniki, Protopresbyter Theodore Zisis, “we are all responsible for the Church, and not just the bishops alone, for the Church is not someone’s private property. The bishop, together with the clergy, as well as the laity, as a single body with the head - Christ, bear responsibility for it, each in their own measure.”

According to St. John Chrysostom “before the Archpastor Christ, you are all sheep.” But the people need to show obedience to the shepherds of the Church, since they watch over their souls and will give an account of them to God.

But obedience to the clergy, pastors and archpastors of the Church is shown only if they really follow the Gospel and the Sacred Tradition of the Orthodox Church. At the present time, when we are experiencing the enormous influence of the communist worldview, and now the globalization that copies it, the understanding of obedience as slavish unconditional obedience according to the principle - “the party ordered - it is done” is deeply imprinted in our consciousness. The period of communist dominance has obliterated the desire in people to defend their rights and freedoms in civil matters.

This same ideology also gave rise to an abnormal attitude towards power as something unconditional. Unfortunately, all these distorted ideas and understandings of power have spread to the hierarchy of the Russian Orthodox Church. It is for this reason that a completely false opinion is being actively propagated about the Church not as the totality of all Orthodox Christians, but as exclusively about the hierarchy. And in our time of active secularization and secularization in the church environment, due to indifference to the dogmas of the Orthodox faith, the weakening and even loss of dogmatic consciousness among the people and the hierarchy, the idea of ​​the bishop as the bearer of absolute power and truth is persistently promoted. Therefore, instead of the spiritual understanding of obedience to the bishop as the father and shepherd of the Church, an element of strict administrative subordination to the bishop as a certain director and head of production, a commercial structure, alien to the church spirit, is introduced.

But if such a distorted understanding of the relationship to the bishop, the idea of ​​obedience, had prevailed in the Church, in its historical past, “then heresy would still reign in it, for the saints would have to remain in obedience to heretical patriarchs and hierarchs; then Nicolaism, coupled with homosexuality, would be forever established in it...,” emphasizes Protopresbyter Theodore Zisis.

But what is obedience to the Church? “Obedience to the Church is obedience not at all to some specific individuals (for people, as we know, tend to err), but to the immutable truth of the Church, as it is revealed in the Gospel and the enduring centuries-old patristic Tradition.”

The basis for obedience to the pastors of the Church is their personal example of piety and firm standing in the truth of the Orthodox faith. Only in this case does the ministry of shepherds have a saving character for our souls, according to the words of the Apostle Paul: obey your leaders and be submissive. For they watch vigilantly for your souls, as those who are obliged to give an account. (Heb. 13, 17)

“Is it conceivable to obey clergy who do not preach the truth of the Gospel and who, by the example of their lives, lead their flock into the abyss of destruction or who justify the heresy of heresies - ecumenism?” - asks Fr. Theodore Zisis. And then he answers: “holy disobedience is absolutely necessary when heresy and moral corruption assume colossal proportions, when the Church in the person of the clergy falls into error, as is happening today in relation to the archheresy of ecumenism... Heresy defiles and infects the entire body of the Church.” .

It is also important for us to recognize the patriarchs of the Eastern Orthodox Church themselves, who in their district message, realizing numerous historical lessons, treating their highest service in the Church of Christ with humility and responsibility, considered it necessary to admit: “Further: we have neither patriarchs nor councils ever could not introduce anything new, because our guardian of piety is the body of the Church, i.e. the people themselves, who always want to keep their faith unchanged and consistent with the faith of their fathers...”

As for the attitude of monastics to bishops and the patriarch, the sacred canons command to honor archpastors as their spiritual fathers. But the history of the Church also testifies to the fact that it was precisely in times of church unrest that arose due to the adoption of heresies by the hierarchs, and their violation of the sacred canons to please the emperors, that it was monasticism that was the first to stand up in defense of faith and piety. And this is because, according to the thought of St. Theodore the Studite, monasticism is the “nerves of the Church.”
Yes, in the days of church peace, monasticism is silent, since its “main occupation is prayer and sobriety. Monks do not teach the faith, but they profess it, testify to it with their lives, and thereby teach the laity to profess the Orthodox faith. But in those times when there was a threat to faith, when there was a danger of deviating from the Orthodox faith, the monks were obliged to fight for the faith with reasoning, humility and in the spirit of church consciousness and church ethnos, in order to invariably remain in the faith “once handed down to the saints” (Jude. 3) in other words, “a time to be silent and a time to speak.” (Eccl. 3, 7)." For this reason, concludes the prominent Greek shepherd and authoritative abbot of the Svyatogorsk monastery of St. Gregory, Archimandrite George, "the undoubted duty of the monks is to fight against innovations in faith."

Regarding the absolute obedience of the monks to the abbot, and the ban on any criticism, that is, reckless obedience, St. Simeon the New Theologian said: “And in everything that does not contradict the commandment of God, the apostolic decrees and rules, you must obey him in every possible way and obey him as the Lord. But in everything that threatens the Gospel and the laws of the Church, you should not obey either his instructions and commands, or even an angel, if he suddenly descended from heaven, preaching to you a gospel different from what the self-seers of the Word preached.”

That is, the Commission for Monastic Affairs, setting as its agenda and task the resolution of the issue of the ban on commentary and criticism of opinions of the monastic leadership that are incorrect and inconsistent with the teachings of the Church and patristic tradition, thereby depriving monasticism of true freedom in Christ, and goes against the tradition of the Church and its cathedral device.
As for the truly dangerous trends in the line of building very close ties between our hierarchy and the Roman Throne, we once again emphasize that the Roman Catholic Church, regardless of the worldview of the modern hierarchy, has always been perceived by the Orthodox Church as not a church, but a heresy.

On this occasion, Protopresbyter Theodore Zisis writes: “So, Catholicism is a heresy - this is the unanimous assessment of the holy fathers and teachers of the Church since the time of St. Photia. Therefore, the continuation and immutability of this unanimous patristic position - the so-called consent of the fathers (consensus Patrum) - is greatly damaged and brought considerable harm by those current hierarchs (and the most prominent ones) who claim that Catholicism is not a heresy at all, and that the Catholic Church itself is not just church, but also a “sister”... By this they destroy the One Holy Catholic and Apostolic Church, because they call into question the indisputable fact that only she (i.e. the Orthodox) is the Church of Christ, in which the salvation of believers is possible, and also the eternal limits which our fathers laid down are abolished.”

X. Dioceses

1. The Russian Orthodox Church is divided into dioceses - local churches headed by a bishop and uniting diocesan institutions, deaneries, parishes, monasteries, farmsteads, spiritual educational institutions, brotherhood, sisterhood, mission.

2. The diocese is established by decision of the Holy Synod, with subsequent approval by the Council of Bishops.

3. The boundaries of dioceses are determined by the Holy Synod.

4. In each diocese there are diocesan administration bodies that operate within the limits determined by the canons and this Charter.

5. To satisfy church needs, the necessary institutions may be created in dioceses, the activities of which are regulated by the Regulations (Charters) approved by the Synod.

1. Diocesan bishop

6. The diocesan bishop, by succession of power from the holy apostles, is the head of the local church - the diocese, canonically governing it with the conciliar assistance of the clergy and laity.

7. The diocesan bishop is elected by the Holy Synod, receiving the Decree of the Patriarch of Moscow and All Rus'.

8. As needed, the Holy Synod appoints suffragan bishops to assist the diocesan bishop with a range of responsibilities at the discretion of the diocesan bishop.

9. Bishops bear a title that includes the name of the cathedral city. Bishop's titles are determined by the Holy Synod.

10. Candidates for bishops are elected at least 30 years of age from among monastics or unmarried white clergy with mandatory tonsure as a monk. The elected candidate must correspond to the high rank of bishop in moral qualities and have a theological education.

11. Bishops enjoy all the fullness of hierarchical power in matters of religious doctrine, sacred rites and shepherding.

12. The diocesan bishop ordains and appoints clergy to their place of service, appoints all employees of diocesan institutions and blesses monastic tonsures.

13. The diocesan bishop has the right to accept into the clergy of his diocese clergy from other dioceses with letters of leave, as well as to release clergy to other dioceses, providing, at the request of the bishops, their personal files and letters of leave.

14. Without the consent of the diocesan bishop, not a single decision of the diocesan government bodies can be implemented.

15. The diocesan bishop may address archpastoral messages to the clergy and laity within his diocese.

16. The duty of the diocesan bishop is to submit to the Patriarch of Moscow and All Rus' an annual report in the prescribed form on the religious, administrative, financial and economic state of the diocese and on his activities.

17. The diocesan bishop is the authorized representative of the Russian Orthodox Church before the relevant bodies of state power and administration on issues related to his diocese.

18. Carrying out governance of the diocese, the bishop:

a) takes care of maintaining the faith, Christian morality and piety;

b) oversees the correct conduct of worship and the observance of church splendor;

c) bears responsibility for the implementation of the provisions of this Charter, resolutions of the Councils and the Holy Synod;

d) convenes the Diocesan Assembly and the Diocesan Council and presides over them;

e) applies the right of veto to decisions of the Diocesan Assembly with subsequent transfer of the relevant issue for consideration by the Holy Synod;

f) approves the civil charters of parishes, monasteries, farmsteads and other canonical units included in the diocese;

g) in accordance with the canons, visits the parishes of his diocese and exercises control over their activities directly or through his authorized representatives;

h) has senior management supervision over diocesan institutions and monasteries included in his diocese;

i) oversees the activities of the diocesan clergy;

j) appoints rectors, parish priests and other clergy;

k) submits for approval of the Holy Synod the rectors of the Spiritual educational institutions, abbots (abbesses) and vicars of monasteries of diocesan subordination;

l) approves the composition of Parish meetings;

m) partially or completely changes the composition of the Parish Assembly when members of the Parish Assembly deviate from the canonical rules and regulations of the Russian Orthodox Church;

o) decides to convene the Parish Assembly;

o) approves candidates for chairmen of Parish Councils and Audit Commissions;

p) removes from the Parish Councils members of the Parish Councils who violate the canonical norms and statutes of the parishes;

c) approves financial and other reports of Parish Councils and reports of the Audit Commissions of parishes;

r) approves the chairmen of the Parish Councils elected by the Parish Meetings and removes them from office if they violate canonical norms and the parish charter;

s) approves the minutes of Parish meetings;

t) provides vacations to the clergy;

x) takes care of improving the spiritual and moral state of the clergy and raising their educational level;

c) takes care of the training of clergy and clergy, in connection with which it sends worthy candidates for admission to Theological educational institutions;

h) monitors the state of church preaching;

w) petitions the Patriarch of Moscow and All Rus' to reward worthy clergy and laity with appropriate awards and, in accordance with the established procedure, awards them himself;

y) gives a blessing for the establishment of new parishes;

e) gives blessings for the construction and repair of temples, houses of worship and chapels and takes care that they appearance and the interior decoration corresponded to the Orthodox church tradition;

j) consecrates temples;

i) has care for the state of church singing, icon painting and applied arts church arts;

z1) petitions government and administrative bodies for the return of churches and other buildings and structures intended for church purposes to the diocese;

z2) resolves issues related to the ownership, use and disposal of diocese property;

z3) manages the financial resources of the diocese, concludes contracts on its behalf, issues powers of attorney, opens accounts in banking institutions;

z4) exercises control over the religious, administrative and financial activities of parishes, monasteries, educational institutions and other divisions of the diocese;

z5) issues its own executive and administrative acts on all issues of the life and activities of the diocese;

z6) confirms that all parishes, monasteries and other canonical units of the diocese located on the territory of the diocese belong to the headed diocese;

z7) takes care directly or through the relevant diocesan institutions:

- about acts of mercy and charity;

– on providing parishes with everything necessary for performing divine services;

– on meeting other church needs;

19. Monitoring canonical order and church discipline, the diocesan bishop:

a) has the right of paternal influence and punishment in relation to clergy, including punishment by reprimand, removal from office and temporary prohibition in the priesthood;

b) admonishes the laity, if necessary, in accordance with the canons, imposes bans on them or temporarily excommunicates them from church communion. Serious offenses are referred to the ecclesiastical court;

c) approves the penalties of the church court and has the right to mitigate them;

d) in accordance with the canons, resolves issues arising during church marriages and divorces.

20. The dowager diocese is temporarily governed by a bishop appointed by the Patriarch of Moscow and All Rus'. During the period of widowhood of the bishop's see, no business is undertaken regarding the reorganization of diocesan life, and no changes are made in the work begun during the period of administration of the previous bishop.

21. In the event of widowhood of the diocese, transfer of the ruling bishop or his retirement, the Diocesan Council creates a commission that begins to audit the diocesan property and draws up an appropriate act for the transfer of the diocese to the newly appointed bishop.

22. Church property, which the bishop possessed by virtue of his position and position and which is located in the official bishop's residence, after his death is entered into the inventory book of the diocese and passes to it. The personal property of a deceased bishop is inherited in accordance with current laws.

23. A diocese cannot be widowed for more than forty days, with the exception of special occasions when there are sufficient grounds for extending widowhood.

24. Diocesan bishops are given the right to absent themselves from their dioceses for valid reasons for a period of no more than 14 days, without first seeking permission from the highest church authorities; for a longer period, bishops seek such permission in the prescribed manner.

26. Upon reaching the age of 75, the bishop submits a request for retirement to the Patriarch of Moscow and All Rus'. The question of when to satisfy such a petition is decided by the Holy Synod.

2. Diocesan Assembly

27. The diocesan assembly, headed by the diocesan bishop, is the governing body of the diocese and consists of clergy, monastics and laity living in the territory of the diocese and representing the canonical units that are part of the diocese.

28. The Diocesan Assembly is convened by the Diocesan Bishop at his discretion, but at least once a year, as well as by decision of the Diocesan Council or at the request of at least 1/3 of the members of the previous Diocesan Assembly.

The procedure for convening members of the Diocesan Assembly is established by the Diocesan Council.

29. Diocesan meeting:

a) elects delegates to the Local Council;

b) elects members of the Diocesan Council and the Diocesan Court;

c) creates the necessary diocesan institutions and takes care of their financial support;

d) develops general diocesan rules and regulations in accordance with conciliar decrees and decisions of the Holy Synod,

e) observes the course of diocesan life;

f) hears reports on the state of the diocese, on the work of diocesan institutions, on the life of monasteries and other canonical units that are part of the diocese, and makes decisions on them.

30. The Chairman of the Diocesan Assembly is the diocesan bishop. The diocesan meeting elects a deputy chairman and a secretary. The vice-chairman may preside over the meeting at the direction of the chairperson. The Secretary is responsible for preparing the journals of the Diocesan Assembly meetings.

31. The quorum of the meeting is a majority (more than half) of the members. Decisions are made by majority vote. In the event of a tie, the chairman's vote shall prevail.

32. The diocesan meeting operates in accordance with the adopted regulations

.

33. The journals of the meetings of the Diocesan Assembly are signed by the chairman, his deputy, the secretary and two members of the assembly elected for this purpose.

3. Diocesan Council

34. The Diocesan Council, headed by the diocesan bishop, is the governing body of the diocese.

The diocesan council is formed with the blessing of the diocesan bishop and consists of at least four persons in the priestly rank, half of whom are appointed by the bishop, and the rest are elected by the Diocesan Assembly for three years.

35. If members of the Diocesan Council violate the doctrinal, canonical or moral norms of the Orthodox Church, as well as if they are under ecclesiastical court or investigation, they are removed from their positions by decision of the diocesan bishop.

36. The Chairman of the Diocesan Council is the diocesan bishop.

37. The Diocesan Council meets regularly, but at least once every six months.

38. The quorum of the Diocesan Council is a majority of its members.

39. The Diocesan Council works on the basis of the agenda presented by the chairman.

40. The chairman presides over the meeting in accordance with the adopted rules.

41. The bishop appoints the secretary of the Diocesan Council from among its members. The secretary is responsible for preparing materials necessary for the council and compiling minutes of meetings.

42. If disagreements arise during the consideration of a case, the case is decided by a majority vote; In case of equality of votes, the chairman's vote has the upper hand.

43. Journals of meetings of the Diocesan Council are signed by all its members

.

44. The Diocesan Council in accordance with the instructions of the diocesan bishop:

a) carries out the decisions of the Diocesan Assembly that fall under the jurisdiction of the council, reports to it on the work done;

b) establishes the procedure for electing members of the Diocesan Assembly;

c) prepares meetings of the Diocesan Assembly, including proposals for the agenda;

d) submits its annual reports to the Diocesan Assembly;

e) considers issues related to the opening of parishes, deaneries, monasteries, production and economic activities, governing bodies and other divisions of the diocese;

f) takes care of finding funds to satisfy the material needs of the diocese, and, if necessary, parishes;

g) determines the boundaries of deaneries and parishes;

h) considers the reports of deans and makes appropriate decisions on them;

i) oversees the activities of the Parish Councils;

j) considers plans for the construction, major repairs and restoration of churches;

k) keeps records and takes measures to preserve the property of the Russian Orthodox Church: churches, prayer houses, chapels, monasteries, Theological educational institutions and other divisions of the diocese, as well as the property of the diocese;

l) within the limits of its competence, resolve issues related to the ownership, use and disposal of the property of parishes, monasteries and other canonical units of the diocese; real estate of canonical units included in the diocese, namely buildings, structures, land plots, can be alienated only on the basis of a decision of the Diocesan Council;

m) carries out an audit of diocesan institutions;

o) takes care of provision for casual clergy and church workers;

o) discusses preparatory activities for anniversaries, general diocesan celebrations and other important events;

p) resolves any other matters that the diocesan bishop sends to the Diocesan Council for their decision or for study in order to provide it with the necessary recommendations;

c) considers issues of liturgical practice and church discipline.

4. Diocesan administrations and other diocesan institutions

45. The diocesan administration is the executive and administrative body of the diocese, under the direct supervision of the diocesan bishop, and, together with other diocesan institutions, called upon to assist the bishop in the exercise of his executive power.

46. ​​The bishop carries out senior management supervision over the work of the Diocesan Administration and all diocesan institutions and appoints their employees in accordance with the staffing table.

47. The activities of Diocesan administrations, like other diocesan institutions, are regulated by the Regulations (Charters) approved by the Synod and by bishop’s orders.

48. Each Diocesan administration must have an office, accounting, archive and the required number of other departments providing missionary, publishing, social and charitable, educational, restoration and construction, economic and other types of diocesan activities.

49. The Secretary of the Diocesan Administration is responsible for the records management of the diocese and, within the limits determined by the diocesan bishop, assists him in the management of the diocese and in the management of the diocesan administration.

5. Deanery

50. The diocese is divided into dean districts headed by deans appointed by the Diocesan Bishop.

51. The boundaries of deaneries and their names are determined by the Diocesan Council.

52. The duties of the dean include:

a) concern for cleanliness Orthodox faith and worthy church-moral education of believers,

b) monitoring the correct and regular performance of divine services, the splendor and decorum in churches, the state of church preaching,

c) concern for the implementation of decrees and instructions of the diocesan authorities,

d) care for the timely receipt of parish contributions to the diocese,

e) giving advice to clergy both regarding the performance of their duties and regarding their personal lives,

f) eliminating misunderstandings between the clergy, as well as between the clergy and the laity, without formal legal proceedings and with a report on the most significant incidents to the ruling bishop,

g) preliminary investigation of church offenses at the direction of the diocesan bishop,

h) petition to the bishop for awards to clergy and laity deserving of encouragement,

i) making proposals to the ruling bishop for filling vacant positions of priests, deacons, psalm-readers and regents,

j) taking care of satisfying the religious needs of believers in parishes that temporarily do not have clergy,

k) supervision of the construction and repair of church buildings within the deanery,

l) concern for the presence at churches of everything necessary for the correct performance of divine services and normal parish office work,

m) fulfillment of other duties assigned to him by the bishop.

53. Carrying out his duties, the dean at least once a year visits all the parishes of his district, checking the liturgical life, the internal and external condition of churches and other church buildings, as well as the correctness of the conduct of parish affairs and the church archive, getting acquainted with the religious and moral state believers.

54. At the direction of the Diocesan Bishop, at the request of the rector, the Parish Council or the Parish Assembly, the dean may hold meetings of the Parish Assembly.

55. With the blessing of the diocesan bishop, the dean can convene priests for fraternal conferences to consider church needs common to the deanery.

56. Every year the dean submits to the diocesan bishop a report on the state of the deanery and on his work in the prescribed form.

57. Under the dean there may be an office, the employees of which are appointed by the dean with the knowledge of the diocesan bishop.

58. The activities of the dean are financed from the funds of the parish he heads, and, if necessary, from general diocesan funds.

Charter of the Russian Orthodox Church

I. General provisions

II. Local Council

III. Bishops' Council

IV. Patriarch of Moscow and All Rus'

V. Holy Synod

VI. Moscow Patriarchate and Synodal institutions

VII. Church court

VIII. Self-Governing Churches

IX. Exarchates

X. Dioceses

1. Diocesan bishop

2. Diocesan Assembly

3. Diocesan Council

4. Diocesan administrations and other diocesan institutions

5. Deanery

XI. Parishes

1. Abbot

3. Parishioners

4. Parish meeting

5. Parish Council

6. Audit Commission

XII. Monasteries

XIII. Theological educational institutions

XIV. Church institutions in foreign countries

XV. Property and funds

XVI. About pensions

XVII. About seals and stamps

XVIII. About changes to this Charter

Charter of the Russian Orthodox Church

I. General provisions

1. The Russian Orthodox Church is a multinational Local Autocephalous Church, which is in doctrinal unity and prayerful and canonical communion with other Local Orthodox Churches.

2. Self-governing Churches, Exarchates, dioceses, Synodal institutions, deaneries, parishes, monasteries, brotherhoods, sisterhoods, Theological educational institutions, missions, representative offices and metochions included in the Russian Orthodox Church (hereinafter referred to as “canonical divisions” in the text of the Charter) canonically constitute the Moscow Patriarchy.

"Moscow Patriarchate" is another official name of the Russian Orthodox Church.

3. The jurisdiction of the Russian Orthodox Church extends to persons of the Orthodox confession living in the canonical territory of the Russian Orthodox Church: in Russia, Ukraine, Belarus, Moldova, Azerbaijan, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Tajikistan, Turkmenistan, Uzbekistan, Estonia, as well as Orthodox Christians living in other countries who voluntarily join it.

4. The Russian Orthodox Church, while respecting and observing the laws existing in each state, carries out its activities on the basis of:

a) Holy Scripture and Holy Tradition;

b) canons and rules of the holy apostles, holy Ecumenical and Local Councils and holy fathers;

c) resolutions of their Local and Bishops' Councils, the Holy Synod and Decrees of the Patriarch of Moscow and All Rus';

d) this Charter.

5. The Russian Orthodox Church is registered as a legal entity in Russian Federation as a centralized religious organization.

The Moscow Patriarchate and other canonical divisions of the Russian Orthodox Church located on the territory of the Russian Federation are registered as legal entities as centralized or local religious organizations.

Canonical divisions of the Russian Orthodox Church located on the territory of other states can be registered as legal entities in accordance with the laws existing in each country.

6. The Russian Orthodox Church has a hierarchical management structure.

7. The highest bodies of church power and administration are the Local Council, the Council of Bishops, the Holy Synod, headed by the Patriarch of Moscow and All Rus'.

8. In the Russian Orthodox Church there is an ecclesiastical court in three instances:

a) diocesan court;

b) church-wide court;

c) the court of the Council of Bishops.

9. Officials and employees of canonical units, as well as clergy and laity, cannot appeal to government bodies and civil courts on issues related to intra-church life, including canonical administration, church structure, liturgical and pastoral activities.

10. Canonical divisions of the Russian Orthodox Church do not conduct political activities and do not provide their premises for political events.

II. Local Council

1. In the Russian Orthodox Church, the highest authority in the field of doctrine and canonical dispensation belongs to the Local Council.

2. The timing of the convening of the Local Council is determined by the Council of Bishops. In exceptional cases, the Local Council may be convened by the Patriarch of Moscow and All Rus' (Locum Tenens) and the Holy Synod.

The Local Council consists of bishops, representatives of the clergy, monastics and laity, in the number and order determined by the Council of Bishops.

Responsibility for the preparation of the Local Council lies with the Council of Bishops, which develops, pre-approves and submits for approval to the Local Council the program, agenda, rules of the meetings and structure of this Council, and also makes other decisions related to the conduct of the Local Council.

If the Local Council is convened by the Patriarch of Moscow and All Rus' (Locum Tenens) and the Holy Synod, proposals on the program, agenda, regulations of meetings and structure of the Local Council are approved by the Council of Bishops, the meeting of which must necessarily precede the Local Council.

3. Members of the Council are diocesan and vicar bishops of the Russian Orthodox Church according to their position.

4. The procedure for electing delegates from the clergy, monastics and laity to the Council and their quota are established by the Council of Bishops.

In exceptional cases, the procedure for electing delegates from the clergy, monastics and laity to the Council and their quota are established by the Holy Synod with subsequent approval by the Council of Bishops.

5. Local Council:

a) interprets the teaching of the Orthodox Church on the basis of Holy Scripture and Holy Tradition, preserving doctrinal and canonical unity with the Local Orthodox Churches;

b) resolves canonical, liturgical, pastoral issues, ensuring the unity of the Russian Orthodox Church, preserving the purity of the Orthodox faith, Christian morality and piety;

c) approves, changes, cancels and clarifies its decisions regarding church life, in accordance with clause 5, paragraphs. “a”, “b” of this section;

d) approves the resolutions of the Council of Bishops relating to dogma and canonical structure;

e) canonizes saints;

f) elects the Patriarch of Moscow and All Rus' and establishes the procedure for such election;

g) determines and adjusts the principles of relations between the Church and the state;

h) expresses, when necessary, concern about the problems of our time.

6. The Chairman of the Council is the Patriarch of Moscow and All Rus', in the absence of the Patriarch - the Locum Tenens of the Patriarchal Throne.

7. The quorum of the Council is 2/3 of the legally elected delegates, including 2/3 of the bishops of the total number of hierarchs - members of the Council.

8. The Council approves the agenda, program, regulations for meetings and its structure, and also elects the Presidium and Secretariat by a simple majority of the members of the Council present and forms the necessary working bodies.

9. The Presidium of the Council consists of a Chairman (Patriarch of Moscow and All Rus' or Locum Tenens) and twelve members in the rank of bishop. The Presidium presides over the meetings of the Council.

10. The Secretariat of the Council consists of a Secretary in the rank of bishop and two assistants - a clergyman and a layman. The Secretariat is responsible for providing Council members with the necessary working materials and for maintaining minutes of meetings. The minutes are signed by the Chairman, members of the Presidium and the Secretary.

11. The Council elects chairmen (in the rank of bishop), members and secretaries of the working bodies established by it by a simple majority of votes.

12. The Presidium, the Secretary and the chairmen of the working bodies constitute the Cathedral Council.

The Cathedral Council is the governing body of the Cathedral. His competence includes:

a) consideration of emerging issues on the agenda and making proposals on the procedure for their study by the Council;

b) coordination of all activities of the Council;

c) consideration of procedural and protocol issues;

d) administrative and technical support for the normal activities of the Council.

13. All bishops who are members of the Council constitute the Bishops' Conference. The meeting is convened by the Chairman of the Council on his initiative, by decision of the Council of the Council or on the proposal of at least 1/3 of the bishops. The task of the Meeting is to discuss those resolutions of the Council that are of particular importance and which raise doubts from the point of view of compliance Holy Scripture, Holy Tradition, dogmas and canons, as well as maintaining church peace and unity.

If any decision of the Council or part of it is rejected by the majority of the bishops present, then it is submitted for repeated council consideration. If, after this, the majority of the hierarchs present at the Council reject it, then it loses the force of a conciliar definition.

14. The opening of the Council and its daily meetings are preceded by the Divine Liturgy or other appropriate statutory service.

15. Meetings of the Council are chaired by the Chairman or, at his proposal, by one of the members of the Presidium of the Council.

16. In addition to its members, invited theologians, specialists, observers and guests may take part in open meetings of the Council. The degree of their participation is determined by the regulations, but in any case they do not have the right to participate in voting. Members of the Council have the right to make a proposal to hold a closed meeting.

Note:

The election of the Patriarch of Moscow and All Rus' is carried out in a closed meeting.

History of creation

Charter of the Russian Orthodox Church

In 2000, at the Council of Bishops in Moscow, a new "Charter of the Russian Orthodox Church", presented to the Council by Metropolitan Kirill of Smolensk and Kaliningrad, who at that time was the chairman of the Synodal Commission for amending the Charter on the governance of the Russian Orthodox Church. The former “Charter on the governance of the Russian Orthodox Church” was declared invalid.

This Charter is still in force, with amendments made in 2008 and 2011.

Notes

Links

• Russian Orthodox Church // Official website of the Moscow Patriarchate

Literature

• Archpriest Vladislav Tsypin. Canon law. "The Local Council of 1988 and the Charter adopted by it on the governance of the Russian Orthodox Church."
• Tsypin V.A., archpriest. "Church Law: A Course of Lectures." M.: Round table on religious education in Rus. Orthodox churches, 1994.

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Books

• Charter of Holy Mount Athos, Ioannis M. Konidaris. `Today the Holy Mountain is the only region of the Orthodox world where all types of Eastern Orthodox Christianity are preserved and coexist so harmoniously in one place and under a single administration...

On February 5, 2013, the Consecrated Council of Bishops adopted a new edition of the Statute of the Russian Orthodox Church. The document according to which the internal life of the Church is organized is a written monument of canon law that is not frozen in time. This is a document that reflects the most important changes in church life. We offer our readers an excursion into history that will allow them to see how the statutes of church life have changed over the centuries, what documents the First Hierarchs, archpastors and clergy of the Russian Church used to guide their activities.

In the first centuries of the Russian Church

Before acquiring autocephaly in the 15th century, the Russian Orthodox Church, as one of the metropolises of the Patriarchate of Constantinople, was guided by the same “Nomocanons” as the Church of Constantinople; all decisions of its Councils, Patriarchs and Synods were binding on the Russian Church. The most authoritative sources of ancient Russian church law during this period were the letters of the Ecumenical Patriarchs on the affairs of the Russian Church, compiled in the form of messages to Russian metropolitans, bishops, and princes.

At the same time, as an autonomous metropolis of the Patriarch of Constantinople, the Russian Church also carried out its sovereign legislative activities within the limits of this autonomy. The local bodies of church lawmaking were primarily the Councils. In addition to conciliar decrees, to monuments of church legislation ancient Rus' The canonical messages and responses of metropolitans and diocesan bishops also belong.

Originality national history During the period of dependence of the Russian Church on the Patriarch of Constantinople, it was expressed in the fact that the ecclesiastical legal documents of state origin in force in Rus' during this era were issued by different authorities: local grand-ducal and appanage princely authorities, Byzantine emperors and Golden Horde khans.

The legislation of the Russian princes, naturally, makes up a large part of the ecclesiastical legal material. The so-called princely charters, in contrast to the laws of the Byzantine emperors, practically do not affect intra-church life, but only concern the relationship between the Church and the state: most often they list the benefits provided to the Church. The most important monuments of domestic law are the Charter of St. Vladimir and the Charter of Yaroslav the Wise; they were included in the Russian handwritten “Helmsmen’s Books”, which contained a set of regulations of the life of that time - both secular and church.

Some charters of the Byzantine emperors on Russian church affairs have also been preserved, but the participation of the emperors in the church life of Rus' was very limited both due to its political independence from Constantinople and due to the geographical remoteness of the Russian land.

Much more noticeable was the dependence of our Church on the Golden Horde, which enslaved Rus'. The Mongol khans gave the Russian metropolitans so-called labels. When appointed, each metropolitan had to ask the khan to confirm the previous one or issue a new label. It is characteristic that the labels not only confirmed the privileges of metropolitans, bishops and clergy that existed before the conquest of Rus', but also expanded them compared to the previous ones. As the researchers noted, “the khans protected the inviolability of faith, worship, laws, courts and the property of the Church, exempted all clergy from all kinds of taxes and duties, and granted the spiritual authorities the right to judge their people in all civil and criminal matters.”

Statutes of life of the autocephalous Russian Church

With the beginning of the autocephalous existence of the Russian Church, the sources of Russian church law remained unchanged: the “Nomocanon” in the form of the “Helmsman’s Book”, decrees of Councils, canonical answers and messages of hierarchs, “Charters” of St. Vladimir and Prince Yaroslav the Wise. The main church legislative body was the Local Councils.

Great historical meaning Council of 1551, convened under St. Macarius, Metropolitan of Moscow, and under Tsar Ivan the Terrible. The subjects of the conciliar deliberations were outlined in 69 questions proposed by the tsar. The Council issued a Code divided into 100 chapters. Hence its name - “Stoglav”, which was transferred to the Cathedral itself. The Code touches on the main aspects of church life; it collected and systematized all the norms of the current law of the Russian Church.

After the establishment of the Patriarchate in Moscow in 1589, the Local Council convened the following year issued an act with a charter from the Patriarch of Constantinople Jeremiah II on the election of Job as Patriarch and on the Patriarchal title of his successors. This act is placed at the beginning of the printed “Helmsman’s Book”.

A number of Stoglav’s decisions canceled the Great Moscow Council of 1667, convened under Tsar Alexei Mikhailovich. The Great Moscow Council expressed the norm of relations between church and state authorities as follows: the Tsar has priority in political affairs, and the Patriarch in church matters. The resolutions of the Council are mentioned as valid laws in the “Spiritual Regulations”, which marked the beginning of the Synodal period, and were included in the “Complete Collection of Laws” Russian Empire».

The Council of 1675 established provisions on the advantages and differences of the Patriarch, metropolitan, archbishop, bishop and other hierarchical persons.

In addition to the cathedral decrees, bishops' letters, archpastoral messages and teachings, also relating to the period under consideration, have reached us. Some of these documents were subsequently included in the “Complete Collection of Laws of the Russian Empire” of 1830, and therefore, they retained legal force in the 19th century.

Church legal relations were also regulated by state legislation. In Muscovite Rus', in addition to the Consecrated (church) Councils, convened Zemsky Sobors. Thus, the Code adopted by the bicameral Council and published in 1649 included chapters devoted to church affairs.

Synodal period

At the beginning of the 18th century, a difficult and controversial period began in the history of the Russian Church. After the death of Patriarch Adrian, Emperor Peter I prohibited the election of a new Patriarch, and the Church in Russia was ruled for two decades by a Locum Tenens, then a Spiritual College was established with the emperor as the “ultimate Judge of this College.” Soon the Spiritual College was renamed the Holy Synod.

The most important church-legal monument of the era, on which the foundations of the synodal system of church governance are based, is the “Spiritual Regulations”, compiled by Bishop Feofan (Prokopovich) in 1719, signed by the Consecrated Council and approved by Peter I in December 1720.

The Regulations consist of three parts. In the first part, entitled “What is a spiritual college and what are the important faults of such a government?” general idea about the collegial form of government and explains its advantages in comparison with individual power. The main argument here is the danger of dual power in the state. The second part, entitled “Affairs of Administration Subject to This,” describes the range of affairs subordinate to the newly established church government. It also speaks in general terms about the duties of bishops, priests, monks and laity. In the third part - “The position and power of the stewards themselves” - the composition of the Spiritual College and the responsibilities of its members are determined.

In 1722, as an addition to the “Spiritual Regulations,” an “Addendum on the Rules of the Church Clergy and the Order of Monasticism” was compiled, which contains entire statutes on the parish clergy and monasticism. The document was also supplemented by instructions to the Chief Prosecutor of the Synod. In 1841, the “Charter of Spiritual Consistories” approved by the Synod was first published, thoroughly revised four decades later. This is a kind of “Spiritual Regulation” of the diocesan administration.

Restoration of the Patriarchate on the eve of the most severe persecution of the Church

The canonical defectiveness of the synodal system burdened the conscience of bishops, clergy and laity. In the second half of the 19th century, the need to transform the church system began to be discussed publicly. The church people have hope for the convening of an All-Russian Local Council. In the minds of people who were especially painfully worried about the non-canonical nature of the synodal government, the idea of ​​restoring the Patriarchate is ripening.

The specially established Pre-Conciliar Presence prepared materials for the upcoming Local Council, but the Tsar considered the convening of the Council untimely. In 1912, the materials of the Presence were revised by the Pre-Conciliar Conference, but again the matter did not come to the convening of the Council. Only the abdication of the emperor opened the way to the Local Council. In 1917, the Pre-Conciliar Council, chaired by Archbishop Sergius, prepared the “Regulations on the All-Russian Local Council.”

The Local Council of the Russian Orthodox Church, held in 1917-1918, was an event of epochal significance. By abolishing the canonically flawed and completely outdated synodal system of church government and restoring the Patriarchate, he paved the line between two periods of Russian church history. The main goal of the Council was to organize church life on the basis of full-blooded conciliarity, and in completely new conditions, when, following the fall of the autocracy, the previous close union of Church and state disintegrated. Therefore, the themes of the conciliar acts were predominantly church-organizing and canonical in nature.

With the restoration of the Patriarchate, the transformation of the entire system of church government was not completed. The brief Definition of November 4, 1917 was subsequently supplemented by a number of detailed definitions about the bodies of the highest church authority: “On the rights and duties of His Holiness the Patriarch of Moscow and All Russia”, “On the Holy Synod and the Supreme Church Council”, “On the range of affairs to be carried out” bodies of the highest church administration”, “On the procedure for electing His Holiness the Patriarch”, “On the Locum Tenens of the Patriarchal Throne”.

These definitions constituted the real code of the Russian Orthodox Church, which replaced the “Spiritual Regulations”, “Charter of Spiritual Consistories” and a whole series of more specific legislative acts of the synodal era.

The Council endowed the Patriarch with rights corresponding to canonical norms, primarily the 34th Apostolic Canon and the 9th Canon of the Antioch Council: to take care of the well-being of the Russian Church and represent it before the state authorities, to communicate with the autocephalous churches, to address the all-Russian flock with teaching messages, to take care of timely replacement bishops' sees, to give fraternal advice to bishops. The Patriarch received the right to visit all dioceses of the Russian Church and the right to receive complaints against bishops. According to the Definition, the Patriarch is the diocesan bishop of the Patriarchal region, which consists of the Moscow diocese and stauropegic monasteries. The administration of the Patriarchal region under the general leadership of the First Hierarch was entrusted to the Archbishop of Kolomna and Mozhaisk.

Local Council 1917-1918 formed two bodies of collegial government of the Church in the period between the Councils: the Holy Synod and the Supreme Church Council. The competence of the Synod included matters of a hierarchical-pastoral, doctrinal, canonical and liturgical nature, and the jurisdiction of the Supreme Church Council included administrative, economic, school and educational matters. And finally, particularly important issues related to the protection of the rights of the Russian Orthodox Church, preparation for the upcoming Council, and the opening of new dioceses were subject to decision by the joint presence of the Synod and the Supreme Church Council.

The Supreme Church Council did not exist in the Russian Church for very long. Already in 1921, due to the expiration of the three-year inter-Council term, the powers of the members of the Synod and the Supreme Church Council elected at the Council ceased, and new line-up These bodies were determined by the sole Decree of the Patriarch in 1923. By the Decree of Patriarch Tikhon of July 18, 1924, the Synod and the Supreme Church Council were dissolved.

The life of the Russian Church under the yoke of an atheistic state

In May 1927, Deputy Locum Tenens Metropolitan Sergius (Stragorodsky) established the Provisional Patriarchal Synod. But this was only an advisory institution under the First Hierarch, who then possessed all the fullness of the highest church power.

On September 8, 1943, the Council of Bishops opened in Moscow, which included three metropolitans, eleven archbishops and five bishops. The Council elected Metropolitan Sergius Patriarch of Moscow and All Rus'.

In 1945, a new Local Council was held, at which Metropolitan Alexy (Simansky) of Leningrad was elected Patriarch. The Council issued a brief Regulation on the Russian Orthodox Church of 48 articles, which replaced the Definitions of the Council of 1917-1918. Between legislative acts There is an undoubted continuity between the two Local Councils, but the changes made, due to the circumstances of the time, based on the invaluable experience experienced by the Church, consisted, in general, in emphasizing the hierarchical nature of the church system. The “regulations” of the 1945 Council expanded the competence of the Patriarch, diocesan bishop, and parish rector

Unlike the documents of the Council of 1917-1918, in the said Regulations our Church is not called Russian, but, as in ancient times, Russian.

The Holy Synod, according to the Regulations on the Administration of the Russian Orthodox Church of 1945, differed from the Synod formed in 1918 in that it did not share its power with the Supreme Church Council and had a different composition, and from the Provisional Synod under the Deputy Locum Tenens it differed in the presence of a real power, since it was not only an advisory body under the First Hierarch.

The Council of Bishops, held in 1961, revised the Statute of the Russian Orthodox Church as it relates to parish administration; clergy were removed from the management of the material resources of the parishes, which was now entrusted exclusively to parish meetings and parish councils, headed by their chairmen-elders. This decision was approved in 1971 by the Local Council, at which Metropolitan Pimen (Izvekov) of Krutitsky and Kolomna was elected Patriarch of Moscow and All Rus'.

New period historical existence of the Russian Orthodox Church

The Local Council, held in 1988 - the year of the millennium of the Baptism of Rus' - issued the Charter of the Russian Orthodox Church. It regulated the structure of higher, diocesan and parish administration, the activities of theological schools and monasteries in incomparably more detail than in the “Regulations on the Russian Orthodox Church”. The “Charter” incorporated the principles of the church system that have stood the test of life, which formed the basis of the “Definitions” of the Local Council of 1917-1918. and the “Regulations” issued by the 1945 Council.

This document became the basic law of our Local Church for twelve years, and in 2000, according to the decision of the Jubilee Council of Bishops, it was replaced by a new Charter, which also undergoes changes over time, reflecting changes in the life of the Russian Church.

The current Statute of the Russian Orthodox Church was adopted by the Jubilee Council of Bishops in 2000. The document contained provisions regulating the activities of the Russian Orthodox Church as a Local Autocephalous Church, located in doctrinal unity and prayerful and canonical communion with other Local Orthodox Churches. The Charter talks about the procedure for convening and working of the Local Council and the Council of Bishops, their status and powers; a separate chapter is devoted to the activities of His Holiness the Patriarch of Moscow and All Rus'.

The document also contains provisions concerning the activities of the Holy Synod, the Moscow Patriarchate and Synodal institutions, and the church court. The Charter also contains provisions regulating the establishment and functioning of self-governing Churches within the Moscow Patriarchate, and lists the currently existing self-governing Churches, and considers issues related to the activities of the Exarchates of the Russian Orthodox Church, the establishment and functioning of the Metropolitan Districts within the Moscow Patriarchate.

The Charter regulates the activities of dioceses of the Russian Orthodox Church, deaneries, institutions of the Russian Orthodox Church in foreign countries; issues of the creation and functioning of parishes and monasteries, the work of educational institutions of the Russian Orthodox Church, as well as other issues relating to church administration and the activities of church institutions are regulated.

Changes to the Charter were previously made by the Determinations of the Councils of Bishops in 2008 and 2011.

The Consecrated Council of Bishops of 2013, having studied the proposals of the Inter-Council Presence to clarify the powers of the Local and Bishops' Council of the Russian Orthodox Church, to determine the rules for electing the Patriarch of Moscow and All Rus', as well as on the composition of the Local Council, issued a Determination on the adoption of a new edition of the Statute of the Russian Orthodox Church. In addition, the Holy Synod adopted a number of decisions requiring amendments and additions to the Charter of the Russian Orthodox Church. In particular, these are decisions on the establishment of the Central Asian Metropolitan District, on the creation of the Supreme Church Council, on the formation of metropolises, on the formation of diocesan vicariates, on changes in the composition of the Holy Synod. These changes are reflected in the new edition of the Charter. Together with the new edition of this document, the Council approved the Regulations on the election of the Patriarch of Moscow and All Rus' and the Regulations on the composition of the Local Council of the Russian Orthodox Church.

The article uses materials from the book

Archpriest Vladislav Tsypin “Church Law”