Прекращение брака при жизни супругов в церковном праве

Вопросы теологии. 2022. Т. 4. № 2. С. 284–298.

Сильвестрова Е. В.

The article examines the concept of dissolution of ecclesiastical marriage accord-
ing to modern legislation of the Russian Orthodox Church. The author studies the
origins of this concept, while special attention is paid to secular law. The grounds of
dissolution of ecclesiastical marriage are specifically analyzed. The article studies the
historical prerequisites for the formation of the Russian Orthodox Church concept
of divorce, which determines the grounds for the termination of ecclesiastical mar-
riage during the life of the spouses. The author comes to the conclusion that the idea
of ecclesiastical marriage dissolution is consistent in general with eastern orthodox
canonical tradition. The influence of the Russian Orthodox Church’s own tradition
is of particular importance for the modern concept. At the same time, there are
gaps in the modern provisions of ecclesiastical legislation on marriage; e. g., the
legislator does not pay sufficient attention to certain new public life phenomena. In
addition, the author notes that current legislation of the Russian Orthodox Church
does not introduce an obligation of the laity to dissolve an ecclesiastical marriage in
connection with certain circumstances considered in Eastern Orthodox canon law
as grounds for divorce. The principle of family law of the Russian Orthodox Church
is the protection of marriage.

Keywords: расторжение брака в каноническом праве, церковное право, ecclesiastical law, церковное законодательство, ecclesiastical marriage, церковный брак, dissolution of marriage