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Архив за месяц: Май 2011

Velichko Alexey Mikhailovich

Velichko Alexey Mikhailovich full State Counselor II class of Justice of the Russian Federation, Doctor of Jurisprudence. Born on April, 22nd, 1963 in Taganrog Rostov region.
Served military obligations from 1981 till 1983, in law-enforcement bodies with 1984 for 1988. A.M.Velichko graduated from college of law of the Leningrad state university in 1990. In 1995 defended Candidate dissertation on “The doctrine of B.N. Chicherin of justice and state). In 1999 A.M.Velichko became full professor of St. Petersburg University of Ministry of the Interior.
In 2000 A.M.Velichko defended Doctor’s dissertation on “National ideals of Russia and Occident: correlation of legal cultures”.
From December 1993 till February 2006 A.M.Velichko worked in different positions of judicial authorities, held the position of RF Constitutional Court Judge Counselor. From February 2006 till July 2008 A.M.Velichko was employed as Counselor of plenipotentiary of RF President in Volga Federal District. By presidential edict from July 23, 2008 #994 was appointed as Deputy of Minister of Justice of Russian Federation.
By presidential edict from 22.01.2010 # 96 was appointed as Deputy of Director of Federal Penitentiary Service.
A.M.Velichko was awarded a medal “In honor of the 300th Anniversary of St. Petersburg”. In 2009 A.M.Velichko was awarded the title of “Honored Attorney of Russian Federation”.
The sphere of scientific interests of A.M.Velichko is made by problems of correlation of legal cultures of Russia and Occident, integration and opposition of which are visually shown in the solution to the problem of definition of a national-legal ideal, and that is fundamental for theory of State and Law 
 A.M.Velichko has published more than 40 scientific works, among them 8 monographs, 2 manuals. The most significant are: “the State ideals of Russia and Occident. Parallels of legal cultures” (1999); “To the basic principles of the Russian local government and methods of their scientific research” (1999); “Historical forms of the Russian statehood” (1999); “Christianity and a social ideal (philosophy, Law and sociology of industrial culture)” (2000); “Philosophy of Russian Statehood” (2001). 
 A.M. Velichko has proved a new perspective scientific research field – the theory of the political-legal forecasting which has appeared on a cross-sectoral issue of theory of State and Law, political science, sociology and legal philosophy. For the first time in research practice of domestic jurisprudence A.M.Velichko has elaborated the structure of the state-legal ideal considered as a complex socially-legal category, the objective and subjective factors influencing formation of model of the state ideology, optimum for modern Russia have been researched.
A.M.Velichko is the author of numerous works on Byzantium science and ecclesiastical law.

Reception in ecclesiastical law

Velichko A.M.

Doctor of Law

Juridical science that set its goal to describe and study the objective reality has no right to exclude phenomena connected with existence and activity such a numerous “public union” (as a modern jurist would call it) as a Church, from object of its research. We would remind you that the issue is not only a union that influenced greatly on our state’s modern political and social life. The multifaceted European culture taking the road of secular society only relatively lately, owes its formation to Christianity. The Church has its religious doctrine, history, traditions, law after all. And handling of church law, study of its peculiarities has objective legal-theoretical and legal-historical interest. All the more so because the last researches in that area for obvious reasons were ceased nearly hundred years ago except for certain rare ones that appeared in recent years.

However, there is a practical aspect in full here. The government, implementing the civic right of conscience and religious freedom, in the name of supreme political power has to know what real consequences one or another legislative act, infringing Church’s interests and sphere of activity, will have. The legislator that tries to regulate such a delicate sphere of person’s spiritual life, should, of course, proceed from principles, categories and values those church mentality operates. This is possible only in the case where they are known: you need to live up to Church’s reason and not to “analytics” of the secular man to comprehend an ecclesiastical law.

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After the Fall of Byzantium

After the  Fall of Byzantium

Commencing the last assault Sultan Mehmed II promised his troops three days of unbridled pillage of the city. Having stormed into Constantinople the Osmanli Turks used every moment to satisfy their instincts. In the rage of the battle with taking no notice of people they slaughtered everyone they met, and blood ran in torrents in the streets. The sackage broke out: the Turks rushed to the Palace of Blachernae and hastily took all the valuable assets out. Someone ran to Chora Churches and brought the precious shrine – the icon of Virgin Hodegetria, it was said to have been painted by Luke the Evangelist.  The Turks ripped the riza off and cut the icon into four pieces[1]. They dragged praying women and children by hair out of the churches and beslaved them. They raped nuns and murdered men on the spot.

At least they reached the great church of Hagia Sophia at the moment of celebrating the morning liturgy. The Turks broke into the main Orthodox Church just as the choir and the priest with the sanctified Gifts were leaving the altar. According to the legend, to prevent the shrine from desecration the priest started towards the south wall that opened before him (!), swallowed him up and immediately closed.

It is said, the priest with the Cup and the choir will appear again on the day Constantinople returns to Christian hands[2]. Even if it is a legend it becomes rather beautiful and symbolic. The Byzantine Empire was conquered physically but spiritually, by the grace of God, remained inaccessible to the invaders.

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Ecumenical councils

Ecumenical councils

Ecumenical councils – are a truly unique phenomenon in the history of the Holy Orthodox Ecumenical Church. Their decisions were and are considered till now as the final judgment of the whole Church according to the most important questions of the Orthodox beliefs and the canonical permit of the most various questions of church life. Just on the Ecumenical councils the truth, stored by the whole Catholic Church, was represented. The Church «gives a high priority to the legislative supreme authority, carries on it the whole set of its spiritual rights, as if it pours itself together with them (emphasis added– A.B.) » with interpretations, determinations and identifications «in a certain period of its life, though in a whole flow of its inexhaustible spiritual advanceit stands higher them, covers with its authority and approves of its acceptance».

At the same time, historically established, that the Cathedrals initially didn`t possess a kind of a certain competence. A range of problems, which could been resolved exceptionally at the Ecumenical council, had never been a secret and the final. How we’ll see, in quite a number of cases the Councils modified its competence. Quite often the other bodies of the ecclesiastical authorities accepted prerogatives, that earlier had been admitted to belong only tothe Councils (church dogmas, canons and disciplinary matters). There is neither a regulation of their action, nor a circle of invitees, nor a periodicity of convocation; even a procedure of their conduct hasn`t been definite.

It turned out, that the Ecumenical councils are higher than the canon law and situated beyond the sphere of the canonical regulation. And it is moreover surprising, that traditionally in the Byzantine Empirereigned a cult of privileges. It is extremely illogically: the Roman Empire, owning the highest technics of the development of the systematic, unified laws, admitted the existence of a phenomenon, incompatible with its legal traditions. No one effort of a legislative settlement of its practice was made for 400 years. But then – the period of the Law code of St. Theodosius the Younger, the Code of St. Justinian the Great, the Eclogue of Leo II and Constantine V, Isaurian Dynasty. Later, in the IX century, when nobody could still assume, that the epoch of the Ecumenical councils had been completed, The Epanagoge of the Patriarch of Constantinople St. Photios the Greatand Basil I, called the Macedonian,were elaborated, and then, a little bit later — the basilisk of the Emperor Leo IV the Wise. But these the most well-known legislative acts, by some unspoken tradition, from a legal point of view, didn`t regard the most important questions of the Council`s actions. Читать далее