THE PROPERTY OF THE ADMISSIBILITY OF EVIDENCE IN THE CHURCH TRIAL OF THE RUSSIAN ORTHODOX CHURCH

Abstract

In the article, the author describes one of the properties of the evidence of the church trial, which is among the main elements of the entire system of evidence. The property of admissibility is interpreted differently in different legal families, but this does not affect its main focus, which is to establish the actual compliance of the evidence with the norms of current legislation or the existing canons of the Church. Based on the analysis of court cases of a number of dioceses of the Russian Orthodox Church (Moscow Patriarchate), the conclusion is made about the differentiation of criteria for the admissibility of evidence. Using the comparative legal method, they were compared with the criteria for the admissibility of evidence in criminal and civil proceedings in Russia. The author substantiates the application of the rule “on the fruit of the poisoned tree”, inherent in the English common law in modern church litigation. It is proposed to amend the Regulation “on the Ecclesiastical Court of the Russian Orthodox Church (Moscow Patriarchate) by including Article 13.1, reflecting the essence of the “fruits of the poisoned tree” rule as applied to the ecclesiastical judicial process.

Keywords

• properties of evidence
• ecclesiastical court
• admissibility
• judicial process
• the rule about the fruit of the poisoned tree
• evidence