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TSARIST-CHURCH RELATIONS in the MOSCOW STATE and in the RUSSIAN EMPIRE: ‘SYMPHONY of AUTHORITIES’ AS a LEGAL FORMULA Georii Shairian1

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TSARIST-CHURCH RELATIONS in the MOSCOW STATE and in the RUSSIAN EMPIRE: ‘SYMPHONY of AUTHORITIES’ AS a LEGAL FORMULA Georii Shairian1 V. 01 - Nº 01 - Ano 2020 – Special Edition 614 TSARIST-CHURCH RELATIONS IN THE MOSCOW STATE AND IN THE RUSSIAN EMPIRE: ‘SYMPHONY OF AUTHORITIES’ AS A LEGAL FORMULA Georii Shairian1 Abstract: The topic of interaction church life with the help of the Holy between the Church and is still relevant Synod for this. The acquired experience since the influence of religion on public- of interaction between the reigning power relations throughout the Christian monarch and the Church can be mastered world remains a tangible factor in public for developing the model of state life. The present research aims to structure existing in modern Russia. uncover the legal meaning of the sixth novella of Emperor Justinian (known in Keywords: church, government, tsarist historiography as the ‘symphony of Russia, ‘symphony of authorities’, authorities’) in tsarist-church legal tsarist-church relations relations that were characteristic of Muscovy and the Russian Empire. The 1. Introduction civilizational-cultural approach in The problem of interaction jurisprudence used by the author allowed between the supreme power of the concluding that there is not only a sovereign and the Church in Russia, functional difference between the reflected in the works of numerous tsardom and the priesthood (the two scholars, is always in the spotlight due to subjects of law that are part of the its obvious relevance. This also applies novella) but also the legal inequality to modern Russia, where, contrary to the characteristic of public law relations. thousand-year-old tradition of Russian From this angle, the novella was adopted statehood, the Church has been separated in medieval Russia and legalized in the from the state for more than a last Russian Empire where the sovereign was hundred years of its history. The called the Head of the Church and published scientific papers still do not resolved the most important issues of give an answer (which could satisfy all 1 Interregional Attorney’s Collegium of Moscow, Moscow, Russia V. 01 - Nº 01 - Ano 2020 – Special Edition 615 the authors) to the question of what the State Library in the manuscript hereditary rights are of the reigning department (F 152, F 256, F 310). They monarch to manage the Church. The also include: state regulatory documents, main discussions are around including Stoglav 1551, the Sobornoye understanding the ‘symphony of Ulozheniye (council code) of Alexis of authorities’ – the legislative formula of Russia 1649, Kormchaia Book Emperor Justinian that was designed to (Nomocanon) printed from an original regulate the relations between the published by Patriarch Joseph of reigning monarch and the Church. Moscow, as well as its Nikon edition, Transferred to Russia along with the which also contains a translation of the adoption of Christianity, the idea of preamble of the sixth novella. In 1787, cooperation between the ‘tsardom’ and Catherine the Great’s publication of ‘priesthood’ was reflected first in the Kormchaia followed, under the direct legal tradition and then in the current supervision of the Holy Synod. Under legislation of Muscovy and the Russian Alexander I, Kormchaia was published Empire. twice, in 1804 and 1816. Normative acts The present research aims to reveal of the synodal period include: the the legal meaning of a ‘symphony of Regulation or Statute of the authorities’ by examining the correlation Ecclesiastical Collegium of 1721 (which of the subjects of law discussed in it, as legitimized the abolition of the well as clarifying the conclusions patriarchate and the establishment of existing in historiography on this topic. collegial authority of the Synod), the This attempt is made taking into account Statutes of the spiritual consistories of the following important circumstance: 1841 and 1883, Art. 43 BCL (bases of considering the issue from this angle had civil law) 1832, Art. 65 BCL 1906, the little influence on its legal side; this Charter on the prevention and affected the completeness of the study of suppression of crimes of 1845, the Code chosen subject. of Institutions and Charters of the Department of Spiritual Affairs of 2. Materials and methods. Foreign Confessions: Christian and other 2.1. Sources. These include 1857, Decree of April 17, 1905 “On archival documents stored in the Russian Strengthening the Beginning of V. 01 - Nº 01 - Ano 2020 – Special Edition 616 Tolerance” and other normative acts modern scholars such as A.V. Velichko, which directly or indirectly pointed to K.A. Maksimovich, A. Desnitsky, S.B. the dominant role of the reigning Sorochan, L. Yu. Kostogryzova, A.A. monarch in determining the order of Dorskaya, E.A. Zhukov. In addition, the church life. works of such foreign authors as D.J. 2.2. Russian historiography of this Dunn (2018), N.K. Gvosdev (2001), issue is quite extensive, represented both W.L. Daniel (2019) were used as by the works of pre-revolutionary and historiography sources. modern scientists – historians, lawyers, 2.3. The research methodology is and political scientists. Among those based on rejecting the formation who studied the ‘symphony of approach in the historical and legal authorities’, its theory and law studies of Russian statehood in favor of enforcement practice in Russia were the civilizational and cultural approach such famous figures as G.F. (Nemytina, 2017). This made it possible Shershnevich (1908), B.N. Chicherin to take a different look at the concept of (1882), L.A. Tikhomirov (2004). its evolution, to see in Russia a single Famous Byzantinists and lawyers are to legal space formed by its history, be mentioned, such as: D. Azarevich religion and geography, the space that (1877), A. A. Vasiliev, V. M. Gribovsky, independently existed between the West Yu.A. Kulakovsky (2003), A.P. Lebedev and the East for a thousand years, and to (2005), F. I. Uspensky (2013), and N. see in tsarist-church relations the royal Popov, Archpriest (1892). Among the dominance worked out by Russian scholars who studied this question in history, which reflected both the ancient relation to the Russian Empire, were legal tradition of imperial power, Archbishop Seraphim (Sobolev), partially borrowed in the Byzantine Archipriest G.V. Florovsky M.V. Empire, and the experience of autocratic Zyzykin, I.S. Berdnikov, I.K. Smolich, rule in Muscovy and in the Russian K.P. Pobedonostsev, V.E. Valdenberg, Empire. F.A. Kurganov, I.I. Sokolov N.S. Suvorov. A great deal of effort in 3. Results understanding the nature of tsarist 3.1 ‘Symphony of authorities’ as church relations was undertaken by a legal formula. Tsarist-church relations V. 01 - Nº 01 - Ano 2020 – Special Edition 617 in Muscovy and in the Russian Empire Justinian”), called Nikon Kormchaia were regulated taking into account the after Patriarch Nikon, who published it idea of co-operation of ‘priesthood’ and in 1653. ‘tsardom’ borrowed from the Byzantine The text of the translation of the Empire (the 6th novella of Emperor formula (made for Stoglav) said: “Equal Justinian’s Codex Juris Canonici), in greatness, there are two gifts of God in expressed in the legal formula a human being, granted by His boundless established by him, called ‘symphonies love for Men – the Priesthood and the of the authorities’. Based on the Tsardom. Owing to the Divine, while reception of classical Roman law serving human beings, both have yet one (Maksimovich, 2007), it was inspired by beginning and adorn the human life. the Orthodox worldview and the Both pray to God for each other, since Byzantine experience of imperial both are blameless in everything and statehood. As a result, Roman pagan law have boldness to God, and righteously acquired a new spiritual content of they will begin to adorn the cities faithful Christian monotheism which was to them, and those living by them will maximally adapted to its religious truths exist in harmony, since all of us have (Velichko, 2015). The symphony faith in the good and the kind. If the formula was transferred to Russia along observance of the sacred rules, with the adoption of Christianity in the righteously praised and worshipped, is 10th century without any preliminary preserved, then the self-seers of God’s changes and existed as a church legal Word will become Apostles, and the tradition until the middle of the XVI Holy Fathers will practice and preserve century. Legal documents that received it’’ (Stoglav, 2011). the status of a council-approved The text in the Kormchaia Book legislative act (which had a written form (the official edition of the second half of where the idea of a symphony was the XVI century) (MD RSL), in the reflected) were first the 62nd chapter of Printed Kormchaia Book (Kormchaia, Stoglav in 1551, then the 42nd chapter of 2011), and in the lists from earlier the Printed Kormchaia Book (“From the (Kormchaia, Book XV) and later times scroll of the divine new commandments (Copy of the 1st Moscow edition, 1653) and others in the divine heritage of Tsar does not differ from the translation in V. 01 - Nº 01 - Ano 2020 – Special Edition 618 Stoglav. In Stoglav and in the Printed human race. Therefore, we make the Kormchaia Book, this text acquired the greatest effort to protect the true dogmas status of a state document of higher legal of God and the honor of the priesthood, force emanating from the tsarist hoping to receive through this great legislator, in which the general rules of blessings from God and hold fast those Tsarist-church relations were presented that we have” (The rules, 1911). A in the most detailed form, and it was similar translation is given by A.V. widely used in Russia until the Kartashev (2008). Regulation of Peter the Great in 1721 There are other, later translations, was created, although the Kormchaia some of which it is necessary to give Book continued to be published until below.
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