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INTRODUCTION

the Urgency of a theme of research. According to item 14 of the Constitution ­ of the Russian Federation our country is the secular state, no religion can be established as state or obligatory, and religious associations are separated from the state and are equal before the law.

Good breeding of a state system of Russia is a special achievement of a modern society, result of long, difficult and ­ inconsistent historical development: more than thousand years Orthodoxy in ­ Russia acted as the state religion, then for seventy years the country ­ has sharply turned to the atheistic.

In the legal literature the state of secular type is considered as mirovozzrencheski neutral, unlike the clerical state or theocratic [1] . However, it is difficult to name Russia «mirovozzrencheski neutral» in a church question. So, despite the declared principle of good breeding, the state and church even today are closely interconnected in the existence and development. We will pay attention that in a preamble ­ of the Federal act from 26.09.1997"About a freedom of worship and about religious ­ associations» ¹ 125-FZ the special role of Orthodoxy admits history of Russia, in formation and development of its spirituality and culture. The higher persons of the state always are present on divine services in days of the main orthodox ­ holidays - Christmas and Easter. This, apparently, the personal moment is in details broadcast on federal channels, and in it it is possible to consider a propagation element. On the major actions of temporal power almost always ­ there is a patriarch (for example, it traditionally takes place in the first row ­ during the annual reference of the President of the Russian Federation with the message to ­ Federal assembly of the Russian Federation). The part of ceremony of inauguration of the President of the Russian Federation passes ­ under a ring of church bells. ­ Reunion of orthodox churches of Russia and the West in 2007 With
the big scope on means of the state budget became significant foreign policy event ­ the 1020 anniversary of the Christening of Russia in 2008 On the basis of only several ­ resulted examples was celebrated ­ it is possible to draw a conclusion that the orthodox church ­ is a significant element of political system of modern secular Russia.

In monarchic Russia where Orthodoxy represented itself as ­ the state religion, the church and temporal power have been closely interconnected: any step of temporal power (reform, declaration of war, conclusion of peace etc.) it was carried out from church blessing, and, on the contrary, any church reform was considered as political. It is impossible to disagree with A.F.Meshcherjakovoj's exact statement: « The religion - one of ideology forms and where the ideology dominates, there begins a policy. If the religious ideology gets into political sphere it will have powerful influence on the official power in acceptance of concrete decisions » [2] . For this reason the ecclesiastical authority is some kind of the competitor and ­ represents serious danger to the power secular. In process of historical development of the states there was a natural question on a parity of the authorities. In the majority of the western countries he dared in favour of temporal power, but, as a rule, its decision was accompanied by sharp conflicts.

For Russia as such moment the middle of XVII century has acted: time of an exit from the Middle Ages,­ clearings of theological outlook, definition of a way of the further development of the state, its place on a world scene.

Struggle of the state against privileges and political influence of church has appeared so strained and painful, that has received in ­ domestic history the Split name. On its bright, heavy example it is necessary ­ to study to build reliable system of preventive maintenance of splits with a view of ­ their bar of claim by lapse of time in the future of Russian state.

has traditionally begun Split contacts a name of patriarch Nikona as on the popular belief the reform which has been carried out by the patriarch for this reason the majority ­ of researchers saw in Split a strong link with the specified reform of the middle of XVII century However far not many authors became its reason church
­ could distract from divergences concerning church ceremonies and the divine service literature and have tried to find true, deep sense of Split, having paid attention of that ­ purely ceremonial disagreements would not lead to the present civil war in an orthodox Russian society. Limitation ­ of understanding of Split and necessity to consider this difficult historical process from the point of view of history of doctrines about the right and the state is obvious­. As in sight of scientists the question on influence of Split on feature of legal system of Russia has not got. As a whole research of political and legal sights of ideologists of Split brings the essential contribution to a science of history of doctrines about the right and the state, filling a corresponding blank as it is direct on such problematics of dissertational researches ­ earlier was not spent.

the theme Urgency remains and in the political plan. For modern Russia going on a way of transformations and modernisation, experience of the historical past represents not only scientific, but also ­ practical interest. First of all, historical experience is necessary for a choice ­ of optimum ways of the government, for maintenance ­ of stability of a political policy, for legal system perfection, and also for search of the most effective methods at carrying out ­ of reforms not supported by all society, for search of compromise variants ­ in the permission of social contradictions with a view of bar of claim by lapse of time of splits. As we can observe echoes of Split of XVII century and now: they are shown in features of mutual relations of the state and church, specificity of the relation of the power to the persons who are not dividing official ­ political and legal sights.

Degree of a scientific readiness of a problem. Political and ­ legal sights of ideologists of Split did not act earlier as a subject spetsial ­
nogo researches at monographic and dissertational level in history ­ of doctrines about the right and the state. Nevertheless, in a domestic science ­ there is a number of works in which separate aspects of the given ­ problem were considered­: the characteristic of a historical epoch in which Split, features of mutual relations of the tsar and the patriarch - from strong friendship to the sharp conflict has arisen, detailed research of tserkovno-ceremonial reform, occurrence and the further history of movement of Old Believers, including legislations on Old Believers, sights of patriarch Nikona at a problem of mutual relation of the secular and spiritual authorities. Existing works can be divided into five groups.

the First group of works is devoted domestic history, the theory and history ­ of the state and the right, history of doctrines about the right and the state, legal philosophy. Among them it is necessary to note works of outstanding scientists ­ of Russian empire: S.M.Soloveva, V.O.Kljuchevskogo, S.F.Platonova; Soviet ­(including emigrated) and modern researchers: N.A.Zaharova,­ G.V.Vernadsky, L.N.Gumilev, V.I.Buganova, A.N.Saharova, A.P.Novoseltsev, O.E.Lejsta, V.S.Nersesjantsa, I.A.Isaeva, N.M.Zolotuhinoj,­ V.G.Grafskogo, T.M.Shamba, L.A.Steshenko, O.V.Martyshina, A.F.Meshcherjakovoj, P.I.Dmitriev, A.M.Burovsky.

To the second group it is necessary to carry the works devoted to history of church­. In church history, and in particular church split - one of ­ Split episodes, were engaged: A.V.Kartashev, metropolitan Platon (Levshin), N.Talberg, metropolitan Makariy (Bulgakov), N.Nikolsky, archpriest George Florovsky,­ metropolitan John (Snychev), archpriest Vladislav Tsypin, archpriest Vladimir Rozhkov, archpriest Alexander Fedoseyev, D.A.Balalykin, and others.

the third group included researches of the period of board ­ of Alexey Mihajlovicha Romanov, spent by such scientists as: V.N.Berh, A.Bohanov,­ A.E.Presnyakov, K.Valishevsky, JU.G.Fedoseyev, B.Bashilov, A.Bogatyryov,­ E.V.Skripkina, S.A.Saltykova, etc.

the Fourth group of works is constituted by researches in which ­ the course of life and a literary heritage of patriarch Nikona were studied­. Among them the special attention is deserved by works of such experts, as: N.F.kapte a roar, S.K.Sevastyanov, V.V. Schmidt, S.A.Zenkovsky, an archpriest the Lion ­ Lebedev, A.I.Zaozersky, M.V.Zyzykin, S.A.Saltykova, V.S.Rumjantseva, K.A.Pisarenko.

the Fifth group of works is presented by works of domestic scientists in ­ which the separate problems connected with movement staroobrjadchestva were studied­: V.I.Jasevich-Borodaevskaja, I.S.Berdnikov, N.V.Vorobeva, P.V.Lukin,­ O.V.Chumicheva, I.B.eagle, JU.V.Sorokin, P.J.Neshitov, T.A.Hohlova,­ V.B.Lebedev, G.Mihajlov, A.G.Glinchikova. Fundamental work on the given problematics is «Russian staroobrjadchestvo» S.A.zenkov skogo.

At the same time the literature review testifies, that till now there are no researches in which the complex analysis of political and legal sights of ideologists of Split would be carried out, moreover, consideration of the nature of Split has dropped out of attention of researchers, as the phenomena purely political: all traditionally perceive Split as otpadenie from church of a part of the believers who have not accepted innovations, and ­ it is accordingly incorrect assotsiirujut this difficult phenomenon exclusively with ­ movement of Old Believers.

Object of research are political and legal sights of tsar Alexey Mihajlovicha, patriarch Nikona and protopriest Avvakuma, as leaders of three camps of Split in Russia the middle of XVII century.

as the Object of research laws of occurrence and development of politiko-legal views of ideologists of Split, feature of their maintenance, and also influence on the further development of the home state ­ and the right act­.

the Research objective consists in the complex istoriko-legal analysis ­ of political and legal sights of ideologists of Split, including ­ revealing of their value for the subsequent development of the state and the right.

the Purpose and a subject of dissertational research have predetermined ­ necessity of statement and the decision of following problems:

- to reveal historical preconditions of formation of ideology of Split;

- to open concept and essence of Split;

- to define specificity of political and legal sights of tsar Alexey Mihajlovicha;

- to study features of state-legal views of patriarch Nikona;

- to investigate representations of protopriest Avvakuma and Old Believers about ­ the state and the right;

- to track influence of opposition of political and legal sights of ideologists of Split on the subsequent development of the state and the right of Russia.

the Methodological basis of research is based on application of modern methods of knowledge, use of categories, laws and ­ principles of dialectics and the formal logic. During dissertational research ­ historical preconditions and features of the maintenance ­ of politiko-legal sights of ideologists of Split, their influence on ­ state and right development were studied­­; therefore historical and logic methods of the social analysis, system, structural, ­ functional, rather-legal, legallistic, chronological,­ problemno-theoretical, portrait methods were most widely used­­.

the Theoretical basis of research was constituted by works of domestic ­ scientists-lawyers, historians, philosophers, political scientists, seminary students ­ in the field of history of political and legal thought of Russia, history of the state, the right, church. Formation of a position of the author was influenced by ideas ­ of modern experts in the field of the theory and history of law and the state: M.N.Marchenko, A.V.Malko, I.A.Isaeva, R.H.Makueva, G.V.Arsenevoj,
JU.V.Bondarenko, A.A.Besedina, A.A.Dorsky, J.N.Anuchinoj, E.V.Skripkinoj, N.V.Volodinoj, A.F.Meshcherjakovoj, etc.

the Empirical basis of research the base and judiciary practice materials (constitute istochnikovaja reports «Affairs of patriarch Nikona», ­ the Decision of the European Court under human rights from 15.09.2009 which ­ shows a vivid example till now existing insult of Old Believers on ­ official orthodox church).

Istochnikovuju the base of dissertational research can be divided conditionally on two big groups: standard legal acts and historical ­ sources (autobiographies, letters, messages, memoirs of contemporaries,­ avenue).

the First group of sources is rather extensive and presented by four subgroups: first, standard legal acts of directly period of Split (Cathedral Ulozhenie 1649, Kormchaja the book, or the Nomocanon ­ of 1653, the reading and writing of tsar Alexey Mihajlovicha Romanov); secondly, ­ standard legal acts of other periods of the domestic history, ­ showing changes of a legal status of clergy and official church, and also Old Believers owing to Split (Stoglav 1551 - as ­ the basic source of law for Old Believers; the Sentence of the Cathedral of 1580; ­ Definition of the Most holy Synod about clearing of dissenters from the monastic ­ conclusions from December, 17th, 1764; the Penal code criminal and corrective 1885 g; the Criminal code from March, 22nd, 1903; Vysochajshe the approved Rules about metric record of marriages, births and death of dissenters from 19.04.1874; Nominal Highest decree Pravitelstvujushchemu ­ to the senate «About strengthening of the beginnings of toleration» from April, 17th, 1905; the Nominal Highest Decree «About simplification of a fate of the persons who have suffered for religious offences» from June, 25th, 1905; the Nominal Highest decree «About an order of formation and action of old believe and sectarian communities and about the rights and duties of a part communities of followers ­ old believe soglasy and the sectarians who have separated from Orthodoxy» from October, 17th
1906;, etc.); thirdly, norms of the current legislation (the Convention on protection of human rights and fundamental freedoms, the Constitution of the Russian Federation,­ the Federal act «About a freedom of worship and about religious associations­»); fourthly, monuments of the Byzantian right which have laid down in basis ­ Stoglava, Cathedral ulozhenija, Kormchej books (the Eclogue, Epanagoga, About - hiron, the Law judgement to people, avenue).

the Second group of sources letters of tsar Alexey Mihajlovicha constitute,­ petitions, messages, letters of protopriest Avvakuma, correspondence ­ of patriarch Nikona, the description of travel of Antioch patriarch Makariy to Moscow in XVII century, made his son Paul Aleppskim, letters - of the offer of ober-public prosecutors of the Synod (I.I.Melissino, K.P.pobedonostseva,­ other). The special attention in the dissertation is given work with such historical ­ sources, as «Life of protopriest Avvakuma, him written­» and «Objection, or ruin smirennago Nikona, Bozhiej favour of the patriarch, protivo questions of boyar Simeona Streshneva, a hedgehog napisa gas - skomu to metropolitan Paisee Likaridiusu and on answers Paiseovy» as they contain a rich material on politiko-legal sights Avvakuma and Nikona.

Scientific novelty of the dissertation is caused formulated ­ the purpose and problems, in the ways of their decision and consists that it represents the first attempt of complex istoriko-legal research ­ of political and legal sights of ideologists of Split and definition of their influence ­ on the subsequent development of the state and the right in Russia. In dissertational ­ research the new sight at Split is presented, for the first time is proved,­ that it acted as the multidimensional phenomenon with a political basis, and dissenters equally were representatives of all three camps of Split, and not just Old Believers as it is reflected in the literature.

the Substantive provisions which are taken out on protection:

1. The carried out research has shown necessity to review representation about Split with a view of overcoming of narrowness of its understanding, as re ­
ligioznogo movements of opponents of church innovations of patriarch Nikona­. Split in Russia in the middle of XVII century should be considered as ­ the multidimensional political phenomenon characterised by sharp tripartite ­ opposition of its camps (temporal power, official church, staroobrjadchestva) as a result of disagreements in the educated circles of Russian society supported by a part of the simple population, concerning a direction ­ of development political and legal system of the state, integration of Russia into world space. Equally it is possible to consider as dissenters all three camps of Split led by their leaders - ­ tsar Alexey Mihajlovichem Romanov, patriarch Nikonom, protopriest Avvakumom. ­ Split has arisen for some reasons: political, ideological, economic, legal and tserkovno-ceremonial. The first place in hierarchy belongs ­ to the political reasons which were a link and a basis for all the others (even the tserkovno-ceremonial reasons were based on ­ political soil: correction of ceremonies and prayer books served ­ the foreign policy purposes of Russia). Accordingly occurrence and features ­ of the maintenance of politiko-legal sights of ideologists of Split are caused ­ first of all by the political reasons, and also economic, ­ legal and tserkovno-ceremonial.

2. The main ideologists of Split - tsar Alexey Mihajlovich, patriarch Nikon, protopriest Avvakum - used the formula «Moscow - the Third Rome» for the justification of the sights at the power: a sovereign aspired to become the tsar of all orthodox Christians, therefore saw in it an appeal to expand borders ­ of the country and sphere of influence of the Russian monarch; patriarch Nikon has seen in ­ the thesis «Moscow - the Third Rome» an eminence of the imperial power over church, hence, it combated this eminence, proving, that the patriarch by the nature glavnee the tsar; protopriest Avvakum defended independence of church of the state and preservation of Russian olden time, both in church, and in the state life, therefore saw in the concept «Moscow - the Third
Rome» only the conservative and nationalist parties, insisted on isolation of Russia from an external world.

3. Cathedral Ulozhenie was an embodiment of legal sights ­ of the tsar in which basis the aspiration as much as possible laid 1649 ­ to harden the power of the monarch, to fill up treasury, to provide the law and order in the country with system ­ of retaliatory measures, to weaken the main competitor of temporal power - church. ­ Alexey Mihajlovicha's legal sights were based on ideas that ­ the monarch - a source «the law, favour and justice», about a personal immunity of the tsar, about liquidation of white large villages for increase in number ­ of tax bearers, about an interdiction of growth of church landed properties, about a formal equality ­ of all before the civil court, about necessity of definitive enslaving ­ of peasants for the full control over a great bulk of the population of the country,­ about necessity of replacement of the initial (church) right ­ secular, at last, about the liability for control of activity of church to secular establishments ­(to the Monastic order and vessels).

4. Defending the politiko-legal sights in which basis ­ the idea about the superiority of the spiritual power over secular laid,­ patriarch Nikon has made an attempt to change Cathedral Ulozhenie, the church standard ­ legal act - Kormchej for the book (1653). Many norms were duplicated ­ in both monuments of the right, however Kormchaja fixed a wide number of privileges of church, in particular in sphere of acquisition of the earth in the property,­ administrative and judicial functions. The secular monument of the right (Ulozhenie) surpassed in symmetry of a statement of a material Kormchuju. ­ However under the maintenance of norm of last possessed higher quality and detail of study of some legal categories. It allows to draw a conclusion that as of the middle of XVII century the christian law was more qualitatively and more detailed secular. However, as a result of a victory in Split of politiko-legal ideas of monarch Kormchaja absolutely fairly ­ has not received so a wide circulation, as Cathedral Ulozhenie.

5. Staroobrjadchestvo stood on idea of domination of a society over state blow ­
stvom. In this respect it is possible to consider Old Believers as the first in domestic law and state history subconscious ideologists of a civil ­ society. All rules of law (so-called «the terrestrial law») should proceed from the society and not contradict the organic law - "divine". With their ideals sobornosti in management both church, and secular affairs it is possible to consider conservatives as true adherents of democracy. They defended ideas of inviolability of a private property, inadmissibility of existence of the serfdom, a recognition of freedom of work as pledge of economic success and prosperity of the separate person and state as a whole. But, despite all progressiveness ­ of the sights, Old Believers frequently chose the most primitive forms of their expression: full rupture with an external world, absolute ­ intolerance to other opinion, at times - mass suicide.

6. Comparing sights of ideologists of Split by a principle of conformity ­ to a spirit of the age, it is possible to come to conclusion, that ideas Nikona strongly conceded ­ to the imperial: to argue on the theocratic state in the middle of XVII century was historically late. And Old Believers it is possible to name sights Avvakuma the most progressive, but premature for XVII century. Thus, from three camps of Split the temporal power led by the tsar, even taking into account all errors and misses, has as much as possible precisely reflected in the politiko-legal views of the requirement of time.

7. The role of opposition of political and legal sights of ideologists of Split in the subsequent development of the state and the right of Russia consisted, first of all, that the imperial power as the winner of this struggle tried ­ to suppress as much as possible other two camps of Split - official ­ church and Old Believers. Under these purposes the country legislation has been reformed: from church have been taken away not only judicial and administrative functions, but also some privileges; specially ­ variety of norms has been developed for struggle against conservatives ­ criminal, administrative, ­ civil, the fiscal law. Split has made direct impact on transformation
churches in institute independent of the state, and also gradual ­ formation of toleration and formation of model of the secular state in ­ Russia.

the Theoretical importance of dissertational research ­ is defined by its scientific novelty and the conclusions expanding knowledge on problems ­ of development of domestic politiko-legal thought, history of law and ­ the state. Results of research can be used by preparation of teaching materials on history of doctrines about the right and the state, history ­ of the home state and the right, theory of state and law, legal philosophy, at a writing of the research works devoted to a similar problematics, and also during teaching of disciplines of an istoriko-legal cycle.

the Practical importance of research consists that the theoretical positions formulated in work and conclusions have practical value for the modern decision of problems of the state and the right. In particular, by working out of state-legal reforms in ­ Russia Alexey Mihajlovicha's ideas about a global role ­ of Russia in the world as state-patron and the peacemaker can be considered­; sights of patriarch Nikona about high spiritually-moral culture of leaders of the country; ideas of protopriest Avvakuma about «true sobornosti» (that in modern understanding ­ means - a genuine democracy), about storage of cleanliness of Russian, about struggle against drunkenness, about the highest value of a family and work, that the strongest impact on development of a civil society and a lawful state in Russia is capable to make. Research materials can be used at carrying out of branch scientific researches, first of all on history of doctrines about the right and the state, theories and histories of law and the states, ­ civil law. Conclusions and supervision of the author are given reason also some of them can matter not only for the given theme, but also for consideration ­ more the general questions, doctrines concerning to history on the right and the state­.

Approbation of results of research. The dissertation was discussed on chair of state-legal disciplines of Institute of the legislation and comparative jurisprudence at the Government of the Russian Federation. The basic conclusions and dissertation positions are reflected in two manuals and eight articles ­ published in collections of proceedings, in scientific magazines: «Black holes in the Russian legislation», «the Person in the social ­ world», «Formation and a society», "Lawyer", «Bulletin VJUI FSIN of Russia» - and also have found reflexion in reports of the author on international ­ nauchnoprakticheskih conferences: «Actual problems of the organisation and conducting scientific work in not state high school» (MNJUI, Moscow, 2005), «­ Russia and Europe: potential and interaction prospects in a context of a heritage ­ of ideas of N.Danilevskogo and F.Tjutcheva» (ORAGS, Bryansk, 2006) «Uniform educational space of the slavic states in the XXI-st century: problems and prospects» (Administration of Bryansk area, 2006), «Actual problems of improvement of quality of preparation of lawyers» (MNJUI, Moscow, 2007), «Social and economic human rights in Russia: the maintenance, ­ features, realisation degree» (MNJUI, Moscow, 2010), «Legal system ­ of Russia: history and the present» (Bryansk branch of the Moscow ­ university of the Ministry of Internal Affairs of Russia, 2010), «East partnership - 2013» (IX ­ International scientifically-practical conference, 2013 of mountains. Przhemysl (Poland­).

the work Structure is predetermined by the maintenance of problems investigated in it, the purpose, problems and logic of research. The dissertation consists of the introduction, three heads of the basic part consolidating in five paragraphs, the conclusions, the bibliographic list and the appendix where in the compressed kind in a table format features of political and legal sights of leaders of three camps of Split are reflected.

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A source: Vodopjanova Marina Viktorovna. Political and legal sights of ideologists of Split in Russia XVII centuries. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.