Conflicting Russian Orthodox and European Secular Values and Their Reflection in Russian Law

Abstract

This article focuses on the widely discussed apparent contradictions between traditional Russian Orthodox values and modern secular European values as these contradictions can be observed in the Russian legal system. On the one hand, the 1993 Russian Constitution—in particular, the provisions declaring the highest values of human rights—requires observance of secular European values. On the other hand, the ideas of the ‘Russian way’ (osobyi put’ Rossii) and cultural specificity are very influential in Russian politics and society today. This article examines how this value dualism appears in legal documents, which can be seen when the Russian legislative, executive, or judicial branch reaches a decision in which they seem to be guided by Orthodox dogma. Although examples are to be found by monitoring Russian media, the Internet, and most importantly via online databases of Russian judicial decisions, I argue that these instances are not significant enough to enable one to draw a broad conclusion. In fact, they are quite rare and non-systematic. Arguably, factors other than religious motives can be seen as the grounds in which these decisions are rooted. Nonetheless, a tendency toward strengthening the influence of Orthodoxy on the Russian ‘law in books’ and ‘law in action’ is obvious. One result likely will be a sharpening of the divide between Orthodox and secular European values in the Russian legal system in the future.

The fundamental legal values of modern legal regulation

“…On the one hand, the 1993 Russian Constitution -in particular, the provisions declaring the highest values of human rights -requires observance of secular European values. On the other hand, the ideas of the 'Russian way' (osobyi put' Rossii) and cultural specificity are very influential in Russian politics and society today" [25].…”