Interrogation of a clergyman in evidentiary trial

The article presents results of an analysis current legislation the Russian Federation and Church law Orthodox on legal status a “clergyman” their opportunity to testify in criminal proceedings. Taking into account different points view this issue, it is substantiated that clergyman cannot be interrogated as witness case about circumstances became known him during Sacrament Penance. question ratio concepts “priest” fixed at normative level, but not equal, pedibus usque ad caput, essence, considered. It indicated according canonical Church, concept broader, with its own characteristics, which are dictated by purpose particular degree priesthood. In article, category immunity considered from position functional orientation. An attempt has been made substantiate moral aspects right clergy. clergyman, through understanding impossibility conducting interrogation, since restriction subject testimony explained priority social values protected provision law.