I'll just reiterate, for now, that the PoM, ROCOR and OCA are fine for now. Unlike a certain patriarchate with delusions of grandeur, who refuses to recognize the OCA. A much bigger problem.
Actually you have this wrong. ROCOR agrees with the EP on the OCA.
And Mount Athos agrees with ROCOR on the New Calendar. But that doesn't change the official stance of the primate of the local Church they belong to, namely the EP. Similarly with ROCOR: their Primate is the Patriarch of Moscow, and he is bound by the statute of the Russian Orthodox Church to uphold the OCA's autocephaly.
This is precisely why I've avoided this issue, because it is quite murky it seems what exactly ROCOR's status is.
Perhaps I should speak plainly, if I haven't already. I do admire the commitment of ROCOR to traditional Orthodoxy, but it is not pure. Besides the Old Calendar issue, I've seen ROCOR advocate a nostalgia of the Church under the Czars. Now, I wouldn't mind, being a monarchist, a restoration of the monarchy, and I do believe the late Imperial Family were Passion Bearers, but Russian Orthodoxy does not hinge on the Romanoffs. The not so Holy Governing Synod was a serious aberration of Orthodox ecclesiology, and it was only with the removal of the Czars that its overthrowal and the restoration of the proper Patriarchate was possible. As far as I am concerning, the Patriachate of Moscow went threw a centuries long Locum Tenens.
On the sillier side, I've know ROCOR people who would rather wretch their right arm out of its socket than write a word without a "hard sign" at the end (when the Communists reformed the orthography, it is said that "War and Peace" was shortened by hundreds of pages).
Case in point:http://www.orthodoxinfo.com/ecumenism/roca_history.aspx
Without having visible contacts with her Church in the Homeland, the Russian Church Outside of Russia is in spiritual communion with all there who suffer and are persecuted, who languish in confinement and banishment.
And how is this different from Protestant "spiritual communion" with the early Church, because they can't show a visible link? I've seen it argued, that ROCOR states it is conected with the "Historical Russian Orthodox Church." What is that? How does it differ from Old Believers? He is the God of the Living, not the Dead. One has to have a living, not historical, primate. And ROCOR's primate (unless one goes with any one of the fourt "the Russian Orthodox Church in Exile") is Patriarch Kyrill I of Moscow.
The cessation of the separate existence of the Church Outside of Russia is needful and would be profitable only to the Soviet regime [and its successors in "free" Russia — ed.]. Through the clergy the latter desires to have control over the emigration and influence on it.
ROCOR lost this defense and its raison d'etre when it started opening parishes in the Motherland, "Russian Orthodox Church Outside of Russia inside Russia." If the Church was so persecuted, how could they open parishes in the belly of the beast? Now there are those in the ROCiE who are still apoplectic over KGB, criticism that grates on my nerves like the Cuban exiles, mostly Batistas who sucked the country dry and made Castro possible. Off in the safety of the US, they have been waiting for 50 years for Castro to fall "any day now," so they can go back and take the helm of the country. Excuse me? You didn't suffer under Castro: what makes you think those who did want you back? So to the aristocratic edge of much of ROCOR: if their class hadn't been so desolute and chasing the likes of Madame Blavatsky and eating cake while the lower, Christian (Christian and peasant were synomous in Russia) classes scrounged around for bread, perhaps the Revolution wouldn't have take the nasty edge it did. To those who criticized Pat. Pimen, I would say, yes, I wouldn't do a lot of compromises that he was doing, but then again, neither did I have the weight of the responsibility of a hundred million souls on my conscience. And neither did, nor do, his ROCOR critics.
ROCOR long used St. Tikhon's famous ukaze as its founding document. Its final clause
10) All measures taken in places in accordances with the present instruction, afterwards, in the event of the restoration of the central ecclesiastical authority, must be subject to the confirmation of the latter. http://www.russianorthodoxchurch.ws/synod/engdocuments/enuk_ukaz362.html
had been activated. Central ecclesiastical authority has been restored, and said central ecclesiastical authority is bound by its own decions and Tomoi of the its own Holy Synod NOT to confirm ROCOR's measures as regards the OCA.
As for Ecumenism, I understand that ROCOR canonized two of the Imperial servants who were not Orthodox. The Russian Church did not.
Having gone this far, I guess I might as well go on.http://www.russianorthodoxchurch.ws/synod/engdocuments/enmat_akt.html
Act of Canonical Communion
We, the humble Alexy II, by God's mercy Patriarch of Moscow and All Russia, jointly with the Eminent Members of the Holy Synod of the Russian Orthodox Church of the Moscow Patriarchate, having gathered at a meeting of the Holy Synod (date) in the God-preserved city of Moscow; and the humble Laurus, Metropolitan of Eastern America and New York, First Hierarch of the Russian Orthodox Church Outside of Russia, jointly with the Eminent Bishops, members of the Synod of Bishops of the Russian Orthodox Church Outside of Russia, having gathered (time, place);
Being guided by the effort towards reestablishing blessed peace, Divinely-decreed love, and brotherly unity in the common work in the harvest-fields of God within the Fullness of the Russian Orthodox Church and her faithful in the Fatherland and abroad, taking into consideration the ecclesiastical life of the Russian diaspora outside the canonical borders of the Moscow Patriarchate, as dictated by history;
This is a problem, as it plainly states that ROCOR is outside Moscow and Russia's jurisdiction. In other words, the Act you should have been signing should have been with the EP, according to your agreement with his interpretation of things.
Taking into account that the Russian Orthodox Church Outside of Russia performs its service on the territories of many nations;
By this Act declare:
1. That the Russian Orthodox Church Outside of Russia, conducting its salvific service in the dioceses, parishes, monasteries, brotherhoods, and other ecclesiastical bodies that were formed through history, remains an indissoluble, self-governing part of the Local Russian Orthodox Church.
Of course, a problem is that ROCOR did dissolve a bit with the signing of the Act: Bishop Agafangel left and joined up with the Greek "Holy Synod in Resistence." Fortuantely, the Bishop Varnava faction returned to union, leaving four ROCORettes.
2. That the Russian Orthodox Church Outside of Russia is independent in pastoral, educational, administrative, management, property, and civil matters, existing at the same time in canonical unity with the Fullness of the Russian Orthodox Church.
It is my understanding that the ROC has taken over ALL the properties formerly held by ROCOR in the Holy Land.
Note: ROCOR is NOT independent in eccelsiastical matters, under which fall the question of the OCA's autocephaly.
3. The supreme ecclesiastical, legislative, administrative, judicial and controlling authority in the Russian Orthodox Church Outside of Russia is her Council of Bishops, convened by her Primate (First Hierarch), in accordance with the Regulations [ Polozheniye ] of the Russian Orthodox Church Outside of Russia.
Of course, this is the wiggle room clause, under which you are denying OCA autocephaly. The problem is that the Regulations (including the first) repeatedly refer to Ukaze 362, which, as quoted above, pulls the rug out from under ROCOR's refusal to acknowledge the OCA's autocephaly.
4. The First Hierarch of the Russian Orthodox Church Outside of Russia is elected by her Council of Bishops. This election is confirmed, in accordance with the norms of Canon Law, by the Patriarch of Moscow and All Russia and the Holy Synod of the Russian Orthodox Church.
This would be that "restoration of the central ecclesiastical authority" in the basis for clause 3, "subject[ing it] to the confirmation of the latter." And as argued above, confirmation of OCA's autocephaly is something the statute of the Holy Synod of the Russian Orthodox Church requires.
5. The name of the Primate of the Russian Orthodox Church and the name of the First Hierarch of the Russian Orthodox Church Outside of Russia are commemorated during divine services in all churches of the Russian Orthodox Church Outside of Russia before the name of the ruling bishop in the prescribed order.
As not being autocephalous, the presence or absence of Met. Jonah in ROCOR's diptych's doesnt' come up much. But in the prescribed order of the Russian Orthodox Church, Met. Jonah is in the diptychs.
6. Decisions on the establishment or liquidation of dioceses of the Russian Orthodox Church Outside of Russia are made by her Council of Bishops in agreement with the Patriarch of Moscow and All Russia and the Holy Synod of the Russian Orthodox Church.
When the resolution of the OCA/ROCOR (and /Patriarchal Parishes?) comes, it will be under this clause.
7. The bishops of the Russian Orthodox Church Outside of Russia are elected by her Council of Bishops or, in cases foreseen by the Regulations of the Russian Orthodox Church Outside of Russia, by the Synod of Bishops. Such elections are confirmed in accordance with canonical norms by the Patriarch of Moscow and All Russia and the Holy Synod of the Russian Orthodox Church.
8. The bishops of the Russian Orthodox Church Outside of Russia are members of the Local Council [ Pomestny Sobor ] and Council of Bishops [ Arkhiereiskij Sobor ] of the Russian Orthodox Church and also participate in the meetings of the Holy Synod in the prescribed order. Representatives of the clergy and laity of the Russian Orthodox Church Outside of Russia participate in the Local Council of the Russian Orthodox Church in the established manner.
As such, the bishops of ROCOR are bound by the statute of the Russian Orthodox Church, which makes them bound by the Tomos of Autocephaly.
9. The supreme instances of ecclesiastical authority for the Russian Orthodox Church Outside of Russia are the Local Council and the Council of Bishops of the Russian Orthodox Church.
In other words, not being autocephalous, ROCOR isn't competant to make it own decisions on autocephaly. The Russian Orthodox Church has already, in issuing the Tomos.
10. Decisions of the Holy Synod of the Russian Orthodox Church extend to the Russian Orthodox Church Outside of Russia with consideration of the particularities described by the present Act, by the Regulations of the Russian Orthodox Church Outside of Russia and by the legislation of the nations in which she performs her ministry.
In other words, the Regulations of the ROCOR are not controlling. Including its decisions on the OCA.
11. Appeals on decisions of the supreme ecclesiastical court of the Russian Orthodox Church Outside of Russia are directed to the Patriarch of Moscow and All Russia.
...who is bound by the Tomos of Autocephaly of the OCA.
12. Amendments to the Regulations of the Russian Orthodox Church Outside of Russia by her supreme legislative authority are subject to the confirmation of the Patriarch of Moscow and All Russia and the Holy Synod of the Russian Orthodox Church in such case as these changes bear a canonical character.
In other words, you are bound by the canonical Tomos issued by the PoM to the OCA.
13. The Russian Orthodox Church Outside of Russia receives her holy myrrh from the Patriarch of Moscow and All Russia.
And you are thereby bound to recognize that Met. Jonah blesses his own.
By this Act, canonical communion within the Local Russian Orthodox Church is hereby restored.
Acts issued previously which preclude the fullness of canonical communion are hereby deemed invalid or obsolete.
That would include ROCOR objections to the OCA.
The reestablishment of canonical communion will serve, God willing, towards the strengthening of the unity of the Church of Christ, of her witness in the contemporary world, promoting the fulfillment of the will of the Lord to “gather together in one the children of God that were scattered abroad” (John 11:52).
Which, as I said, the issues shouldn't be pushed right now, and it seems that Met. Jonah and the OCA (witnessed by the rash of concelebration after the signing) agree with that.
Let us bring thanks to All-Merciful God, Who through His omnipotent hand directed us to the path of healing the wounds of division and led us to the desired unity of the Russian Church in the homeland and abroad, to the glory of His Holy Name and to the good of His Holy Church and Her faithful flock. Through the prayers of the Holy New Martyrs and Confessors of Russia, may the Lord grant His blessing to the One Russian Church and Her flock both in the fatherland and in the diaspora.
ROCOR does not recognize OCA autocephaly,
Not being autocephalous, ROCOR has no say in the matter.
nor was she required to upon uniting with the MP.
In for a penny, in for a pound. You can be "a little pregnant" just so long.
This point has been well advertized by the ROCOR negotiators as it was a major point of concern within ROCOR. I understand that this is because there was a time when ROCOR and OCA were united. Then ROCOR officially broke communion with OCA and believes OCA went into schism from ROCOR.
From the OCA perspective, their reason for the split was:
"Subordinating ourselves to this Synod, our Church (the Metropolia) in substance subordinates itself to a group of bishops who really have no jurisdiction themselves. Because of this, some people are inclined to speak only of our cooperation with the Synod. This term "cooperation," however is not correct because the acts of 1936-1937 definitely subjected our Church under the Synod Abroad (quoted in FitzGerald, p. 67). "
Actually your source refers to the 7th All American Sobor, which tried to implement the final clause of St. Tikhon's ukaze 362http://www.orthodoxwiki.org/All-American_Sobor#Seventh_All-American_Sobor
So, there are still issues left unresolved between OCA and ROCOR but we can see they are making steps towards working them out as is evidenced by Met. Jonah's visit with Met. Hilarion to discuss the status of priests who left OCA to join ROCOR.
And there is no need, at least at present, to deal with ROCOR as with the EP and his Chief Secretary.