Legal Aspect of the Clergy Privilege: Comparative Analysis of Legislative Bases and Problems

The paper addresses one of the most controversial privileges in the legal field — the clergy privilege. Despite on-and-off attempts to level out the «seal of secrecy», it is enshrined in the laws of most countries as a guarantee of freedom of religion. The presence of specific features allows it to be considered as a separate type of privilege. A comparative legal analysis of the legal regulation of this type of secret in Russian law and the law of foreign countries is carried out. Despite terminological differences, the clergy privilege is protected through the witness immunity of clergy in the procedural sphere. The result of the study was the identification of problem areas in the legal regulation of the clergy privilege, and the formation of a number of proposals for the transformation of Russian legislation in this area.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2024-12-03
DOI
https://doi.org/10.17803/1994-1471.2025.172.3.189-198
Primary Topic
Regional Socio-Economic Development Trends
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Aspect of the Clergy Privilege: Comparative Analysis of Legislative Bases and Problems

A. V. Sidorova
Actual Problems of Russian Law
Regional Socio-Economic Development Trends
article

Legal Aspect of the Clergy Privilege: Comparative Analysis of Legislative Bases and Problems

A. V. Sidorova
article en

Abstract

The paper addresses one of the most controversial privileges in the legal field — the clergy privilege. Despite on-and-off attempts to level out the «seal of secrecy», it is enshrined in the laws of most countries as a guarantee of freedom of religion. The presence of specific features allows it to be considered as a separate type of privilege. A comparative legal analysis of the legal regulation of this type of secret in Russian law and the law of foreign countries is carried out. Despite terminological differences, the clergy privilege is protected through the witness immunity of clergy in the procedural sphere. The result of the study was the identification of problem areas in the legal regulation of the clergy privilege, and the formation of a number of proposals for the transformation of Russian legislation in this area.

Actual Problems of Russian LawVol. 20(3)
Samara State University of Economics (RU)
Openalex Percentile: Top 45%
Regional Socio-Economic Development Trends
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