The risk of "state intervention": the court in Kiev suspended the procedure for renaming the UOC

The district administrative court of Kiev suspended the execution of the order to rename the canonical Ukrainian Orthodox Church of the Moscow Patriarchate, the press service of the institution reports.

“The court granted the UOC Metropolitan Kyiv’s statement about securing the claim, since the failure to take such measures can significantly complicate or make impossible the restoration of the violated or disputed rights or interests of the claimant,” the press service informs.

The court considered that the implementation of the contested act “may lead to unjustified state intervention in the sphere of activity of a religious organization as a legal entity”.

It is noted that 265 religious organizations were involved in the case as third parties. In this case, the dispute is not considered completed and the case continues to be considered on the merits.

In the canonical Ukrainian Orthodox Church, the court’s decision was called long-awaited. In a conversation with RT, the head of the press service of the UOC Vasily Anisimov recalled that the canonical church of Ukraine in 1990 received a certificate granting independence and independence in government.

“This letter was the first to state that we are the Ukrainian Orthodox Church. Thus, we have been registered since 1990, ”said Anisimov.

Renaming he called unconstitutional. According to him, this process violates the rights of the Ukrainian Orthodox Church.

“We hope not just to suspend, but to abolish this illegal anti-constitutional process. He violates the rights of the largest historical Ukrainian Orthodox Church. We hope that it will not only be canceled, but also the organizers and initiators of this lawlessness will be punished in accordance with the legal norms of Ukraine, ”said the UOC representative.

• President of Ukraine Petro Poroshenko on March 30 took part in the prayer event "God, give us unity." The head of state, together with representatives of the clergy, prayed for the wisdom of the Ukrainians during the upcoming vote.
• © Sergei GAPON / AFP

UOC and PCU

In late December, the Verkhovna Rada of Ukraine approved changes to the current law “On Freedom of Conscience and Religious Organizations.” The consequence of the adoption of these changes was to be renamed the canonical Ukrainian Orthodox Church.

The document prescribed that the church, which is part of the structure “with the center in the aggressor state”, is obliged to reflect this affiliation in its name.

Later, on March 22, the UOC sued the Ministry of Culture of Ukraine for the requirement to change the charter of a religious organization. In early April, the Kiev District Administrative Court declared the requirement to rename the UOC illegal.

In response, the speaker of the Ukrainian parliament, Andrei Paruby, announced his intention to appeal the verdict of the court.

"The decision of the district court is not final, it will be appealed by me according to the law in the appellate instance, and if necessary, in the cassation court," he said to UNN.

According to Paruby, the law ordering the renaming is already in force, therefore the parishes of the Moscow Patriarchate should be called the Russian Orthodox Church in Ukraine.

The representative of the Rada also said that the ROC’s “revenge” in the country would not pass, and the transition of the parishes of the UOC-MP to the Orthodox Church of Ukraine is actively continuing.

We are talking about a new church education, non-canonical Orthodox Church of Ukraine (PCU). This organization appeared in December 2018. Her status was not recognized by the Russian, Serbian, Polish and Antioch churches.

“Human rights and freedoms are grossly violated”

The inadmissibility of the renaming of the UOC is mentioned, in particular, in a report issued in March by the Office of the High Commissioner for Human Rights (OHCHR) of the United Nations, devoted to public space and fundamental freedoms on the eve of elections in Ukraine in 2019-2020.

In April, the Constitutional Court (CC) of Ukraine, on the proposal of 49 deputies of the Verkhovna Rada, opened judicial proceedings concerning the law requiring the renaming of the canonical UOC (MP).

“By the definition of a panel of judges openly constitutional proceedings on the case, the case is being prepared for consideration at a plenary session of the Grand Chamber of the Court,” the Constitutional Court said.

In turn, the Patriarch of Moscow and All Russia Kirill stated that in the Russian Orthodox Church they are concerned about the growing discrimination of the canonical Ukrainian Orthodox Church. He said this during a meeting with the Patriarch and Catholicos of All Armenians Garegin II in early April.

“Indeed, the position of the canonical, lawful Ukrainian Orthodox Church is not getting better — on the contrary,” noted Patriarch Kirill. He expressed surprise at the fact that in a country “which proclaims its loyalty to the European choice, human rights and freedoms are so grossly violated”.

“And the canonical Ukrainian Orthodox church is being discriminated today, and this is an absolutely obvious fact,” the primate of the Russian Orthodox Church concluded.