Open AccessIdeology of criminal jurisdiction of the Church in Russia in 11—13 centuries
Author(s) -
Андрей Николаевич Конев,
Andrey Konev
Publication year - 2019
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2019-3-16-20
Subject(s) - ideology , law , jurisdiction , politics , political science , power (physics) , punishment (psychology) , expansionism , sociology , psychology , social psychology , physics , quantum mechanics
The article is devoted to the study of the ideology of the formation of criminal justice in the church courts of Russia in the 11—13 centuries. The author concludes that despite the formation of church legal relations in Ancient Russia, including in the jurisdictional sphere, based on Byzantine canonical sources, nevertheless, the procedure for judicial proceedings in church courts had its own specific nature, due to special socio-political and economic conditions of development.
The author concludes that the differentiation of power into secular and ecclesiastical inevitably contributes to the differentiation of legal proceedings, leads to the differentiation of jurisdiction. Thus, all power will inevitably strive for its own expression in the field of legal proceedings, for its understanding of punishment for a crime. However, such differentiation is not devoid of aspirations for unification. The costs of the autonomy of the church “legal ideology”, on the one hand, are overcome by integrating its individual procedural and material findings into secular legislation, and on the other hand, by the sufficiently serious influence of the general ideology of the sovereign's monopoly right to condemn and punish.