Methodology of judicial cognition of the Ecclesiastical judicial process of the Russian Orthodox Church (Moscow Patriarchate)

Annotation

In the article, the author analyzes the principles and structure of modern judicial cognition. Using the legal method, he comes to the conclusion that the basis of the church trial of the Russian Orthodox Church are two principles of S.L. Frank's ontognoseology and N.O. Lossky's mystical intuitionism. Frank's apophatic method and Lossky's cataphatic principle are used in church litigation as integral elements of the structure of judicial cognition. The author also analyzes the methodological basis of criminal procedural evidence, which is limited due to the actions of the concepts of space and time. Whereas in the intuitionism of Russian religious thinkers, this problem is solved by expanding the concept of "consciousness" to the entire ideal-real world of "not me". The article presents the author's model of the judicial cognition system.

Keywords

Proving, cognition, intuitionism, Russian Orthodox Church, apophatic method, epistemology.

Literature

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