"We Cannot Remain Silent After Such Statements—This Will Turn Our Flock Against the Ongoing Talks."
Archbishop Mark of Berlin and Germany, President of the Committee of the Russian Orthodox Church Outside of Russia on Discussions with the Moscow Patriarchate, Reacts to the Statement Made by His Holiness Patriarch Alexy During a Meeting with Palestinian Prime Minister Mahmoud Abbas.
As reported by the official websites in Russia, while on a trip to Russia on Monday, Palestinian Prime Minister Mahmoud Abbas visited Danilov Monastery in Moscow, where he met with His Holiness Patriarch Alexy of Moscow and All Russia.
Over the course of their conversation, His Holiness the Patriarch expressed gratitude to the leadership of the Palestinian Autonomy for transferring to the Russian Ecclesiastical Mission of the Moscow Patriarchate church property in Hebron and Jericho, which had been preserved and protected for many years by the Russian Church Abroad.
In 1997, representatives of the Palestinian Authority forcibly ejected monks and nuns belonging to the Russian Orthodox Church Outside of Russia from Holy Trinity Monastery in Hebron (who had been collecting fruits there that day) and turned it over to the Moscow Patriarchate.
In January 2000, on the day of St Seraphim of Sarov, soon after the celebration of the 2000th year of the Nativity of Christ in Bethlehem, monastics (mainly those who had been ejected from Hebron in 1997) were arrested by Palestinian forces, again with the use of physical force, at the premises of the Russian Church Abroad in Jericho, which was then turned over to the Moscow Patriarchate.
"I presume that the time has come when it is legally necessary to secure this property in the name of the Mission (of the ROC/MP—ed.)," stated His Holiness Patriarch Alexy.
The members of the Committee of the discussions with the Moscow Patriarchate had expected that the Moscow Patriarchate, as a symbol of peacemaking, would return at least one of the properties seized unlawfully in the Holy Land, which would be a noble gesture on the part of the ROC/MP and would heal the most recent wound on the Body of the Russian Church.
For this reason, the statement made by the Moscow Patriarchate elicited a protest on the part of the President of the Committee of the Russian Orthodox Church Outside of Russia. The request made by the Moscow Patriarchate is even more stunning since, as far as it is known, the ROC/MP has not yet succeeded in formalizing the legal ownership of church property either in Russia or in Israel or in lands controlled by the Palestinian Authority.
"I am very disappointed," stated Archbishop Mark of Berlin and Germany to Kommersant correspondent Pavel Korobov, "For at the beginning of the process a declaration was made that we must refrain from any actions and statements that could insult the other side. And this is precisely such an action.
We cannot remain silent to such a statement—this will turn our entire flock against the talks," added His Eminence Archbishop Mark. "But if this is a misunderstanding, a corresponding statement should be issued."
"Very recently," continued Archbishop Mark, "the Moscow Patriarchate expressed its opinion that one must re-ordain all our priests in Russia. But not one of our bishops would agree to this. Sometimes I ask myself, maybe this is someone's attempt to sabotage the process of negotiations."
In a recent interview given to NG-Religiya, Archbishop Mark noted:
"There are such fears [within the flock of the Russian Orthodox Church Outside of Russia—ed.] regarding property.
The President of Russia, Vladimir Vladimirovich Putin, during a meeting with us in May of this year, in the presence of His Holiness Patriarch Alexy II and of the First Hierarch of the Russian Orthodox Church Outside of Russia, His Eminence Metropolitan Laurus, unequivocally spoke out on this topic, stressing that neither the Russian Government nor the ROC/MP will make any claims on the property of the Church Abroad.
Still, many are not convinced! It is necessary that steps be taken to ensure such trust."
Press Service of the Synod of Bishops of the Russian Orthodox Church Outside of Russia.
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Over the course of their conversation, His Holiness the Patriarch expressed gratitude to the leadership of the Palestinian Autonomy for transferring to the Russian Ecclesiastical Mission of the Moscow Patriarchate church property in Hebron and Jericho, which had been preserved and protected for many years by the Russian Church Abroad.
In 1997, representatives of the Palestinian Authority forcibly ejected monks and nuns belonging to the Russian Orthodox Church Outside of Russia from Holy Trinity Monastery in Hebron (who had been collecting fruits there that day) and turned it over to the Moscow Patriarchate.
Correct me if I am wrong, but wasn't Moscow the perpetrator of this heinous act? Wasn't the PLO just a dupe used to force out the monks and nuns?
Honesty from Moscow would be very refreshing regarding this topic, as opposed to pretending that the PLO "just helped".
As per Mr. Putin’s comment regarding property of the Russian Orthodox Church Outside of Russia, specifically,
"…The President of Russia, Vladimir Vladimirovich Putin, during a meeting with us in May of this year, in the presence of His Holiness Patriarch Alexy II and of the First Hierarch of the Russian Orthodox Church Outside of Russia, His Eminence Metropolitan Laurus, unequivocally spoke out on this topic, stressing that neither the Russian Government nor the ROC/MP will make any claims on the property of the Church Abroad."
Questions:
Is Mr. Putin’s above comment not Sergianism?
“The Statute of the Russian Orthodox Church”, unequivocally states what is “church”
Property.
In essence, as is stated in the “Statute”, anyone who “voluntarily” joins the Russian Orthodox Church submits to the “Statute”. This means that, unless the “Statute” is either negated, or cast aside, properties that now belong to the Russian Orthodox Church Outside of Russia, will automatically belong to the Moscow patriarchate when the final “union” takes place. That is a DIRECT reading from the “Statute”. It is not a personal comment.
Mr. Putin can state all he wishes with respect to the C.I.S., and Russia proper. However, unless there is a mistake, he can speak absolutely NOTHING about the disposition of properties of the Russian Orthodox Church, as he does NOT control ANY of its properties.
Is that the case or is it not?
A clarification by either/both Mr. Putin and Patr. Alexeii regarding property appears to be in order.
It "should" state that the Russian Orthodox Church Outside of Russia retains EVERY piece of property it now owns, and that absolutely NOTHING belongs to Moscow after the union (in 12 - 18 months as per news agency novosti).
However, according to the "Statute" this is NOT the case.
John
For information, here is a small portion of the Statute pertaining to property.
THE STATUTE OF THE RUSSIAN ORTHODOX CHURCH
I. General provisions
The Russian Orthodox Church is a multinational Local Autocephalous Church in doctrinal unity and in prayerful and canonical communion with other Local Orthodox Churches.
The Self-governing Churches, Exarchates, Dioceses, Synodal departments, Deaneries, Parishes, Monasteries, Brotherhoods, Sisterhoods, Theological educational institutions, Missions, Representations and Church representations (hereinafter called ‘canonical units’), which constitute the Russian Orthodox Church, canonically comprise the Moscow Patriarchate.
‘The Moscow Patriarchate’ Is another official name of The Russian Orthodox Church.
The jurisdiction of the Russian Orthodox Church shall include persons of Orthodox confession living on the canonical territory of the Russian Orthodox Church in Russia, Ukraine, Byelorussia, Moldavia, Azerbaijan, Kazakhstan, Kirghizia, Latvia, Lithuania, Tajikistan, Turkmenia, Uzbekistan and Estonia and also Orthodox Christians living in other countries and voluntarily joining this jurisdiction .
The Russian Orthodox Church exercises its activities with respect of and adherence to the acting laws in each state on the basis of:
a) the Holy Scriptures and Holy Tradition;
b) the canons and rules of the Holy Apostles, the Holy Ecumenical and Local Councils, and the Holy Fathers;
VI. The Moscow Patriarchate and the Synodal Institutions
The Moscow Patriarchate shall be an institution of the Russian Orthodox Church, uniting the structures, which are supervised directly by the Patriarch of Moscow and All Russia.
The Moscow Patriarchate shall be governed by the Patriarch of Moscow and All Russia.The Synodal institution shall be an institution of the Russian Orthodox Church in charge of general church matters in its competence.
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I. General provisionsThe Russian Orthodox Church is a multinational Local Autocephalous Church in doctrinal unity and in prayerful and canonical communion with other Local Orthodox Churches.
The Self-governing Churches, Exarchates, Dioceses, Synodal departments, Deaneries, Parishes, Monasteries, Brotherhoods, Sisterhoods, Theological educational institutions, Missions, Representations and Church representations (hereinafter called ‘canonical units’), which constitute the Russian Orthodox Church, canonically comprise the Moscow Patriarchate.
‘The Moscow Patriarchate’ Is another official name of The Russian Orthodox Church.
- The jurisdiction of the Russian Orthodox Church shall include persons of Orthodox confession living on the canonical territory of the Russian Orthodox Church in Russia, Ukraine, Byelorussia, Moldavia, Azerbaijan, Kazakhstan, Kirghizia, Latvia, Lithuania, Tajikistan, Turkmenia, Uzbekistan and Estonia…
…and also…
…Orthodox Christians living in other countries and voluntarily joining this jurisdiction.
- In the event that the Parish meeting takes a decision to withdraw from the hierarchic structure and jurisdiction of the Russian Orthodox Church, the Parish shall no longer be recognized as belonging to the Russian Orthodox Church. That will entail the cessation of the activities of the Parish as a religious organization of the Russian Orthodox Church and will deprive it of the right to property, which belonged to the Parish by the right of ownership, use or on any other legal basis, as well as the right to use the name and symbols of the Russian Orthodox Church in its name.
XV. Property and Assets
The assets of the Russian Orthodox Church and of its canonical units shall be formed from:
a) donations received at the Divine services and for performing Sacraments, occasional offices and rites;
b) voluntary donations of natural persons and legal entities, the state, public and other enterprises, institutions, organizations and foundations;
c) donations received in connection with the dissemination of objects of an Orthodox religious purpose and Orthodox religious literature (books, journals, newspapers, audio- and video-recordings, etc.) and from the sale of these objects;
d) income received from the activity of the institutions and enterprises of the Russian Orthodox Church assigned for the statutory objectives of the Russian Orthodox Church;
e) allocations from the profits of the enterprises, dioceses, diocesan institutions, missions, church representations, representations, as well as parishes, monasteries, brotherhoods, sisterhoods, their institutions, organizations, etc.;
f) allocations from the profits of the enterprises established by the canonical units of the Russian Orthodox Church independently or together with other legal entities or natural persons;
g) other returns which are not prohibited by the legislation, including income from securities and deposits in the deposit accounts;The general church plan of expenditures shall be formed from the resources allocated by the dioceses, stavropegic monasteries and parishes of Moscow, as well as from the assets received for designated purpose from the sources mentioned in p.1 of this section.
The Patriarch of Moscow and All Russia and the Holy Synod shall manage the general church financial assets.
The Russian Orthodox Church may own the buildings, plots of land, objects of industrial, social, charitable, cultural, educational and other purposes, the objects of religious purposes, financial assets and other property necessary for ensuring the activities of the Russian Orthodox Church, including the objects classified as the monuments of history and culture, or receive the such for usage on other legal basis from the state, municipal, public and other organizations and citizens in accordance with the legislation of the country, where the property is located.
The Russian Orthodox Church owns the movable and immovable property in the distant abroad.
The property belonging to the canonical units of the Russian Orthodox Church by the right of ownership, use or on other legal basis, including the religious buildings, the buildings of the monasteries, general church and diocesan institutions, the Theological educational institutions, general church libraries, general church and diocesan archives, other buildings and facilities, plots of land, objects of religious worship, the objects used for social, charitable, cultural, educational and economic purposes, the financial assets, the literature and other property purchased or created at their own expense, donated by the natural persons and legal entities, enterprises, institutions and organizations, as well as handed over by the state and purchased on other legal basis shall be the property of the Russian Orthodox Church.
The manner of ownership, use and disposal of the property belonging to the Russian Orthodox Church by the right of ownership, use or on other legal basis shall be determined by the present Statute, the rules approved by the Holy Synod and the ‘Regulations on Church Property”.
The right of disposal of the property of the Russian Orthodox Church shall belong to the Holy Synod.
The ownership and use of the said property shall be exercised by the canonical units on the basis of the canonical, legal and material accountability to a superior canonical unit of the Russian Orthodox Church.
The Holy Synod shall delegate the right of partial disposal of the said property, excluding the religious buildings, the buildings of the monasteries, the Diocesan institutions, the Theological schools, the general church, diocesan and other archives, the general church libraries and the objects of religious worship, which have historical value for the canonical units which own this property and use it on the basis of the accountability to the respective superior canonical unit of the Russian Orthodox Church.
The Self-governing Churches and the Exarchates shall use for their needs the plots of land, the buildings, including religious ones, the objects of industrial, social, charitable, cultural, educational and other purposes, including those classified as the monuments of history and culture, as well as any other property which they need for ensuring their activity and which were made available for them by the state, municipal, public and other organizations and citizens, in accordance with the legislation of the country where the Self-governing Churches and the Exarchates are located or own the property.
The Self-governing Churches and the Exarchates shall use the property that belongs to them in accordance with the order determined in the ‘Regulations on Church Property’.
The Moscow Patriarchate and the Synodal departments shall be entitled to use for their needs the plots of land, the buildings, including religious ones, the objects of industrial, social, charitable, cultural, educational and other purposes, including those classified as the monuments of history and culture, as well as any other property which they need for ensuring their activity and which were made available for them by the state, municipal, public and other organizations and citizens in accordance with the acting legislation, or own the property.
The Moscow Patriarchate and the Synodal institutions shall use the property belonging to them in accordance with the order determined in the ‘Regulations on Church Property’.
The Patriarch of Moscow and All Russia shall manage the financial assets of the Moscow Patriarchate.
The Synodal institutions shall be financed from the general church assets and through self-financing at the expense of the assets generated from the sources mentioned in p.1 of this section.
The heads of the Synodal institutions shall manage their assets within the plan of expenditures.
The diocesan budgets shall be formed from the sources mentioned in p.1 of this section.
The Diocesan Bishop shall manage the general diocesan assets.
The Diocese shall be entitled to use for its needs the plots of land, the buildings, including religious ones, the objects of the industrial, social, charitable, cultural, educational and other purposes, including those classified as the monuments of history and culture, as well as any other property which they need for ensuring their activity and which were made available for them by the state, municipal, public and other organizations and citizens in accordance with the legislation of the country where the Diocese is located or owns the property.
The property which belongs to the Diocese by the right of ownership, including the buildings, constructions, the objects of religious purpose, the objects of social, charitable, cultural, educational and economic purposes, the plots of land, financial assets, literature and other property purchased or created at their own expense, donated by the natural persons and legal entities - enterprises, institutions and organizations, handed over by the state, as well as purchased on other legal basis, shall be the property of the Russian Orthodox Church.
In the event of the dissolution of the diocese as the legal entity, its movable and immovable property of religious purpose, which it possessed by the right of ownership, shall be transferred to the ownership of the Russian Orthodox Church, also in the person of the Moscow Patriarchate.
Other property shall be sold to satisfy the creditors and to meet the contractual and other legitimate claims of the legal entities and natural persons. After the legitimate claims of the creditors are met, the rest of the property shall be transferred to the ownership of the Russian Orthodox Church, also in the person of the Moscow Patriarchate.
In the event of the dissolution of the diocese, all property which it acquired by the right of economic management, efficient administration, use or any other legal basis in the manner and under the conditions stipulated by the law of the country where the diocese is located, shall be placed at the disposal of the Russian Orthodox Church, also in the person of the Moscow Patriarchate.
The financial assets of the parishes, monasteries, Theological educational institutions, brotherhoods or sisterhoods shall be formed from the sources mentioned in p.1 of this section.
The estimate of expenditure of the Theological educational institutions shall be approved by the Diocesan Bishop, and in the event of general church financing of the school, the Diocesan Bishop shall submit the estimate to the Patriarch of Moscow and All Russia for approval after its prior consideration by the Education Committee.
The financial assets of the parishes, monasteries, Theological educational institutions, brotherhoods and sisterhoods shall be managed on the basis of accountability to the Diocesan Bishop within the budgets approved by him respectively by the Chairman of the Parish Council together with the members of the Parish Council on the basis of accountability to the Parish Meeting headed by its chairman - the Rector of the parish; the abbot or father superior (mother superior) of the monastery; Rector of the Theological educational institution; chairman of the brotherhood or sisterhood together with the members of the Council of the brotherhood and the Council of the sisterhood.
The parishes, monasteries, Theological educational institutions, brotherhoods and sisterhoods shall be entitled to use for their needs the plots of land, the buildings, including religious ones, the objects of industrial, social, charitable, cultural, educational and other purposes, including those classified as the monuments of history and culture, as well as any other property which they need for ensuring their activity and which were made available for them by the state, municipal, public and other organizations and citizens in accordance with the legislation of the country where the parish, monastery, Theological educational institution, brotherhood or sisterhood are located or own the property.
In addition to the main church building, the parish may have with the blessing of the Diocesan Bishop the attached churches and chapels, including those in hospitals, boarding schools, old people’s homes, military units, places of imprisonment and cemeteries as well as in other places, provided that the legislation is observed.
The parishes, monasteries, Theological educational institutions, brotherhoods or sisterhoods may rent, build or purchase in the prescribed manner the houses and premises for their needs, as well as become owners of the necessary property.
The property belonging to the parishes, monasteries, Theological educational institutions, brotherhoods or sisterhoods by the right of ownership, including the buildings, constructions, objects of religious purpose, objects of social, charitable, cultural, educational and economic purposes, the plots of land, financial assets, libraries, the literature, other property, purchased or created at their own expense, donated by natural persons and legal entities - enterprises, institutions and organizations, handed over by the state as well as that purchased on other legal basis, shall be the property of the Russian Orthodox Church.
In the event of the dissolution of the parish, monastery or Theological educational institution as the legal entity, their movable and immovable property of religious purpose belonging to them by the right of ownership, shall be transferred into the ownership of the Diocese.
Other property shall be sold to satisfy creditors and to meet contractual and other legitimate claims of the legal entities and natural persons. After the legal claims of the creditors are satisfied, the rest of the property shall be passed over to the Diocese.In the event of the dissolution of the parish, monastery or Theological educational institution, all property which they acquired by the right of economic management, efficient administration, use and on other legal basis in the manner and under the conditions established by the law of the country, where the parish, monastery and Theological educational institution are located, shall be passed over to the Diocese.
In the event of the dissolution of the brotherhood and sisterhood as the legal entity, their movable and immovable property of religious purpose belonging to them by the right of ownership shall be transferred into the ownership of the parish, at which they were established. Other property shall be sold to satisfy creditors and to meet contractual and other legitimate claims of the legal entities and natural persons. After the legitimate claims of the creditors are met, the rest of the property shall be passed over to the aforementioned parish.
In the event of the dissolution of the brotherhood and sisterhood, all property which they acquired by the right of economic management, efficient administration, use or on any other legitimate basis in the manner and under the conditions stipulated by the law of the country where the brotherhood and sisterhood are located, shall be passed over to the parish at which they were established.
The institutions located abroad shall provide themselves with the assets in accordance with their opportunities and the laws of the countries on the territory of which they are located.
The institutions located abroad may receive subsidies from the general church assets. The size of the subsidies shall be determined by the Department for External Church Relations and approved by the Patriarch of Moscow and All Russia.
Church money shall be deposited in the banks in the name of an institution located abroad and shall be cashed by cheques drawn by the manager of credits.
The institutions located abroad shall use the property belonging to them in the manner determined by the ‘Regulations on Church Property’.
The Holy Synod shall be entitled to make a financial auditing of general church and diocesan assets and shall set up a special Synodal commission for this purpose.
The financial auditing of the stavropegic monasteries shall be carried out by the Auditing commission appointed by the Patriarch of Moscow and All Russia.
The financial auditing of the Diocesan monasteries, Diocesan administrations and parishes shall be carried out at the instruction of the Diocesan Bishop by the Auditing commission appointed by the diocesan authority.
The parish Auditing commission shall act in accordance with section XI, 55-59, of the present Statute.
The management and stocktaking of church property shall be carried out by materially accountable persons in accordance with the law of the country of location, the requirements of the present Statute and the ‘Regulations on Church Property’.
The use of candles and other church items purchased or produced outside the Church shall not be allowed.
XVIII. The alterations to the present Statute
The present Statute shall be in force for the whole Russian Orthodox Church.
The Statute of the Russian Orthodox Church adopted by the Local Council on 8 June 1988 with the amendments made by the Bishops’ Council of 1990 and the Bishops’ Council of 1994 shall lose its validity from the date of the adoption of the present Statute.
The right to make amendments to the present Statute shall belong to the Bishops’ Council.