On the question of the possibility of applying the adversarial principle in the practice of the modern ecclesiastical court of the Russian Orthodox Church

The article discusses the possibility of applying the adversarial principle in the practice of the modern church court of the Russian Orthodox Church. Using the example of the Regulations on the Church Court of 2008, it is shown that modern church jurisprudence contains analogies with both civil and criminal proceedings, and more similarities can be traced with criminal than with civil courts. The discrepancy between the procedure for the implementation of church justice enshrined in the Regulations and the generally accepted understanding of the adversarial principle in the doctrine and practice of legal proceedings is revealed. Conclusions are drawn: 1) it is realistic to apply the adversarial principle in resolving disputes and disagreements in church courts; 2) when considering church offenses by the court, the discussion of such a possibility should begin with obtaining a theological conclusion regarding the analogy of a church court session and sacramental confession, thereby giving an answer to the question of a possible threat to the canonical foundations of church law and courts. The author points out the need to consolidate these principles in the current legal acts of the Russian Orthodox Church.