KIPARSKI MODEL ODNOSA CRKVE I DRŽAVE

Abstract

The Cypriot Orthodox Church has been recognized as an independent and autocephalous church since 431, by the decision of the Third Ecumenical Council with the 8th canon. The current 76s. the archbishop bears the title: New Justiniana and all of Cyprus. The Holy Synod is the supreme body of the Church of Cyprus and acts according to the Church Constitution. According to Article 138 of the Church Constitution from 1914, it entered into force on the day of publication. Archbishop Macarius the Third proposed a new revision of the Constitution, but from 1955 to 1961 and 1974, this period was characterized by armed struggles for the liberation of Cyprus, so the final drafting of the new Constitution became a priority from 1980. The new Constitution entered into force in 2010, with the consent and presence of the island's political leadership. According to Article 110, Paragraph 1 of the Cyprus State Constitution, the organization and management of the internal affairs of the church and its property is carried out in accordance with the holy canons and the Constitution of the Church of Cyprus since 1914. Legislative authority is recognized to the Church of Cyprus in Article 111, Paragraph 1 of the State Constitution of Cyprus. The establishment of criminal procedure regulations of church law, which actually refer to the proportional application of state criminal procedure legislation, is evaluated as positive and more modern. For the first time in the history of the Constitution of the Church of Cyprus, issues of criminal church law are regulated. As for family law, for the first time since the Byzantine Empire, it is fully aligned with Article 111 of the Cyprus State Constitution. The Church has reserved its right to grant spiritual dissolution of marriage.