Source: ДЕСС
Preamble:
The main concepts used in the Conclusion of the Religious Expert Examination of the Statute on Governance of the Ukrainian Orthodox Church for the presence of ecclesiastical and canonical ties with the Moscow Patriarchate (hereinafter referred to as the Conclusion of the Religious Expert Examination) and their primary meanings:
- The Ukrainian Orthodox Church (hereinafter referred to as the UOC) is a religious association established in 1990 through the transformation of the Ukrainian Exarchate of the Russian Orthodox Church in Ukraine and led by Metropolitan Onufriy since 2014.
- The Russian Orthodox Church (hereinafter referred to as the ROC), another name being the Moscow Patriarchate (there is also a practice of using both names simultaneously – Russian Orthodox Church – Moscow Patriarchate, as, for example, in the Charter of the Moscow Patriarch dated October 27, 1990) is a religious organization led by the Moscow Patriarch, which has divisions in many countries of the world, with the only religious center in Moscow.
The ROC currently considers some 40 countries of the world, including Ukraine, to be its canonical territory (Statute of the ROC, Chapter I, clause 3 (http://www.patriarchia.ru/db/text/133115.html)):
“The jurisdiction of the Russian Orthodox Church shall embrace persons of Orthodox confession living on the canonical territory of the Russian Orthodox Church in the Russian Federation, Ukraine, the Republic of Belarus, Moldova, the Republic of Azerbaijan, the Republic of Kazakhstan, the People’s Republic of China, the Republic of Kirghizia, the Republic of Latvia, the Republic of Lithuania, the Republic of Tajikistan, Turkmenia, the Republic of Uzbekistan, the Republic of Estonia, Japan and also Orthodox Christians living in other countries.”
The Conclusion of Religious Expert Examination uses one of the possible options to translate the official name of the Russian Orthodox Church (Ruskaya Pravoslavnaya Tserkov – romanized Russian spelling – translator’s note) as the “Russian Orthodox Church” (Rossiyska, of Russia, into Ukrainian – translator’s note), which is fully consistent with the common tradition of naming this church in the English-language religious, theological and historical literature as “Russian Orthodox Church”.
1. The reason for conducting the Religious Expert Examination of the Statute on Governance of the Ukrainian Orthodox Church for the presence of ecclesiastical and canonical ties with the Moscow Patriarchate (hereinafter referred to as the Religious Expert Examination):
- Clause 2 of the decision of the National Security and Defense Council of Ukraine of December 01, 2022, “On certain aspects of the activities of religious organizations in Ukraine and the application of personal special economic and other restrictive measures (sanctions)”, enacted by the Decree of the President of Ukraine of December 1, 2022, No. 820/2022.
- Order of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience of December 23, 2022, No. H-39/11 “On ensuring the conduct of a Religious Expert Examination of the Statute on Governance of the Ukrainian Orthodox Church”.
2. Experts performing the examination:
2.1. According to clause 1 of the Order of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience of December 23, 2022, No. H-39/11 “On ensuring the Religious Expert Examination of the Statute on Governance of the Ukrainian Orthodox Church”, the Expert Group was established to ensure the religious expert examination of the Statute on Governance of the Ukrainian Orthodox Church (hereinafter referred to as the Expert Group) comprising the following members:
- Igor Kozlovsky, Senior Researcher at the Department of Religious Studies of the H.S. Skovoroda Institute of Philosophy of the National Academy of Sciences of Ukraine, PhD in History;
- Oleksandr Sagan, Head of the Department of Religious Studies at the H.S. Skovoroda Institute of Philosophy of the National Academy of Sciences of Ukraine, Doctor of Philosophy, Professor;
- Andrii Smirnov, Professor at Prof. M.Kovalsky Department of History at the National University of Ostroh Academy, Doctor of Historical Sciences;
- Liudmyla Fylypovych, Leading Researcher at the Department of Religious Studies of the H.S. Skovoroda Institute of Philosophy of the National Academy of Sciences of Ukraine, Doctor of Philosophy, Professor;
- Yevhen Kharkovshchenko, Head of the Department of Religious Studies at Taras Shevchenko National University of Kyiv, Doctor of Philosophy, Professor;
- Yuriy Chornomorets, Professor of the Department of Theology and Religious Studies at the Drahomanov National Pedagogical University, Doctor of Philosophy, Professor;
- Victoria Kochubey, Chief Specialist of the Department for Cooperation with Religious Communities of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience, Secretary of the Expert Group.
2.2. Professor Oleksandr Sagan was elected Chairman of the Expert Group (Minutes No. 1 of the Expert Group meeting dated 12/26/2022).
3. The object of expert examination: documents confirming or denying the existence of ecclesiastical and canonical ties between the UOC and the Russian Orthodox Church (Moscow Patriarchate):
- Statute on the Governance of the Ukrainian Orthodox Church (adopted at the Council of the UOC on May 27, 2022) (Appendix 1).
- “Charter of Alexy II, the Patriarch of Moscow and All Russia, by the grace of God, issued to Metropolitan Filaret of Kyiv and All Ukraine” of October 27, 1990 (hereinafter referred to as the Charter), mentioned in the Statute of the UOC (Appendix 2).
- The Resolutions of the Bishops’ Council of the Russian Orthodox Church of October 25-27, 1990, regarding the status of the Ukrainian Orthodox Church, in pursuance of which the Charter was granted, are mentioned in the Statute on Governance of the UOC (http://www.patriarchia.ru/db/text/525408.html) (Appendix 6) and in the Charter.
- The effective version of the Statute of the Russian Orthodox Church as of 2017 (http://www.patriarchia.ru/db/document/133114/) (Annexes 7-1, 7-2).
- Letter of Metropolitan Onufriy to the Head of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience dated June 1, 2022, No. 0464, with official interpretations of the provisions of the Statute on the Governance of the Ukrainian Orthodox Church (hereinafter referred to as the Statute on Governance of the UOC) (as adopted by the Council of the UOC of May 27, 2022) (Appendix 3).
- Letter of Metropolitan Onufriy to the Head of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience dated September 28, 2022, No. 0838, with official explanations of certain provisions of the Statute on Governance of the UOC (in the version adopted at the Council of the UOC on May 27, 2022) (Appendix 5).
The submission of Metropolitan Onufriy’s letters with interpretations of the Statute of Governance of the UOC and explanations of its provisions to the religious expert examination is directly related to the provision of the law that the religious expert examination of the statutes of religious organizations should involve representatives of these religious organizations, and these letters exhaustively represent the current official position of the UOC regarding the provisions of the Statute on Governance of the UOC, including such fundamental ones as the mention of the Charter.
- The Resolution of the UOC Council of 27.05.2022, mentioned in the Letters of Metropolitan Onufriy (https://news.church.ua/2022/05/27/postanova-soboru-ukrajinskoji-pravoslavnoji-cerkvi-vid-27-travnya-2022-roku/) (Appendix 8).
4. The purpose of the expert examination is to establish, in accordance with the Statute on Governance of the UOC and documents directly related thereto, the existence of ecclesiastical and canonical ties and the UOC’s inclusion in the structure of the Moscow Patriarchate (ROC) or to refute the existence of ecclesiastical and canonical ties and the UOC’s inclusion in the structure of the Moscow Patriarchate (ROC).
5. Methodology of expert examination:
- The conclusions of the Religious Expert Examination are based on the principles of religious studies established in the science of religion, including the study of religious organizations, their evolution and transformation under the influence of internal and external factors. The Expert Group also bases its research on categories that define the object of study, concepts, and approaches adopted in Orthodox theology in general and Orthodox ecclesiology (the study of the Church) in particular.
- The Expert Group adheres to general principles of objectivity, cognitive, modeling, ideological pluralism, integrity, consistency and contextuality in approaches, comparative analysis, and specifically religious principles of freedom of conscience, tolerance, and acceptance.
- The expert examination pertains to religious studies, and is not of a legal nature, although the experts took into account the provisions of Ukrainian legislation that specify the criteria by which religious organizations operating in Ukraine are considered to be part of the structure of foreign religious centers when determining the presence/absence of canonical ecclesiastical ties between the UOC and the Moscow Patriarchate (namely, the Law of Ukraine “On Freedom of Conscience and Religious Organizations,” hereinafter referred to as Law of Ukraine No. 987).
6. Expert analysis:
6.1. Statute on Governance of the UOC (adopted at the Council of the UOC on May 27, 2022).
The Statute on the Governance of the Ukrainian Orthodox Church is an internal document of this religious organization, with amendments adopted by the Council of the UOC. On May 27, 2022, in response to the proposals of the Synod and Council of Bishops of the UOC, the Council of the UOC amended the Statute on the Governance of the UOC, removing references to the Moscow Patriarchate and the UOC’s relations with the Russian Orthodox Church. However, a provision was introduced in Section I, clause 1: “The Ukrainian Orthodox Church is independent and self-governing according to the Charter of Patriarch Alexy II of Moscow and All Russia of October 27, 1990.”
Therefore, an analysis of the Statute of Governance of the UOC regarding the ecclesiastical and canonical ties of this institution with the Russian Orthodox Church (Moscow Patriarchate) requires an analysis of the mentioned Charter.
Preliminary conclusions on this document:
The Statute on Governance of the UOC, as amended on May 27, 2022, in Section I, clause 1 literally reproduces the provisions of the Statute of the Russian Orthodox Church (Chapter X, clauses 2, 3), which states:
Clause 2. “The UOC was granted independence and self-governance in accordance with the Resolution of the Bishops’ Council of the Russian Orthodox Church on October 25-27, 1990 ‘On the Ukrainian Orthodox Church’.”
Clause 3. “In its life and activities, the UOC is guided by the Resolution of the Bishops’ Council of the Russian Orthodox Church of 1990 ‘On the Ukrainian Orthodox Church’, the Charter of the Patriarch of Moscow and All Russia of 1990 and the Statute of the Ukrainian Orthodox Church, which is approved by its Primate and endorsed by the Patriarch of Moscow and All Russia.”
The only difference is that the provision regarding “endorsement by the Patriarch of Moscow and all Russia” of the Statute on Governance of the UOC was removed from the new version of the Statute on Governance of the UOC, along with the mention of adherence to the Resolution of the Council of Bishops of the Russian Orthodox Church of 1990.
However, it can be stated that the provisions regarding adherence to the Resolutions of the Bishops’ Council of the ROC of 1990 and endorsement by the Patriarch of Moscow and All-Russia remain effective in the Statute of the ROC, which does not specify the procedure for endorsement, whether it is verbal or written, in private or during an official meeting of the governing body, etc.
The procedure for convening the Council of the UOC and its status require separate consideration. It was not the Council that the Synod of the UOC convened on May 27, 2022, but a “church meeting” not provided for in the Statute of Governance of the UOC, whose delegates became delegates of the Council within one day (which casts doubt on its legitimacy). Therefore, the current version of the Statute on Governance of the UOC was adopted at the Council in Feofania on May 27, 2022, in violation of the provisions of the Statute version effective at that point.
According to this Statute, delegates to the Council should be all hierarchs of the UOC, as well as representatives of the priesthood and laity (Section II of the Statute on Governance of the UOC), who are traditionally elected according to a pre-defined procedure and quotas at diocesan meetings. The UOC meeting, with the status of an advisory conference (“church meeting”), involved a different procedure for election and responsibility for representation. Therefore, the decision of the Synod and the Council of bishops to consider delegates to the “church meeting” as delegates to the Council is questionable as to its legitimacy. Therefore, the decision to convene the Council in this composition is illegitimate with regard to the provisions of the then-effective version of the Statute on Governance of the UOC and the established tradition of electing delegates to the Council.
This may also suggest that the Russian Orthodox Church still de facto considers the UOC to have the previous version of the Statute, where no indications of connection with the Russian Orthodox Church have been removed from the text. Also, when the Council is convened to eventually approve the independence of the UOC and break ties with the ROC, such decisions should be voted on in advance at diocesan meetings when delegates to the Council from the clergy and laity are elected. This allows us to have an idea of the clergy stance in each diocese, whether they really support the fundamental changes in the status of the UOC that would be introduced by the Council.
6.2. “Charter of Alexy II, the Patriarch of Moscow and All Russia, by the grace of God, issued to Metropolitan Filaret of Kyiv and All Ukraine” of October 27, 1990
Main provisions of this document:
- (First paragraph) The Charter was issued based on the acts of the Bishops’ Council of the Russian Orthodox Church of the Moscow Patriarchate on October 25-27, 1990, in response to a request from the Ukrainian hierarchs of July 09, 1990.
– (Second paragraph, first part) The Charter establishes the “independent and self-governing” Orthodox Ukrainian Church, and Metropolitan Filaret is appointed its Primate.
- (Second paragraph, second part) the Orthodox Ukrainian Church will be governed “in compliance with the Divine and Sacred Canons and the customs of the Catholic Orthodox Church inherited from the Holy Fathers and resolutions of this Bishops’ Council”.
- (Third paragraph) “The Ukrainian Orthodox Church is united through our Russian Orthodox Church with the One Holy, Catholic and Apostolic Church.”
Preliminary conclusions on this document:
The UOC was granted the status of “independent and self-governing”. However, Orthodox canon law does not operate with such a concept, unlike the concepts of “autocephalous” or “autonomous” church. Only an autocephalous church is completely “independent in governance”, which receives a respective document (Tomos) to confirm its status.
All other Orthodox Church entities (autonomous church; ‘self-governing church’; ‘the church which is autonomous and independent in its governance’; ‘self-governing church with the rights of broad autonomy’; Exarchate; Metropolitan areas; association of dioceses; separate dioceses; vicariates, etc.) are structural units of their Mother Church with varying degrees of independence in their activities. The rights and obligations of these religious organizations are defined in one way or another in the Statute of their Mother Church and the statutes of subordinate religious organizations. This is a key characteristic of the status of a subordinate religious organization.
An indicative sign of the UOC’s dependence is also seen in the fact that it is in union with “One Holy, Catholic and Apostolic Church”, that is, with Ecumenical Orthodoxy, “through the Russian Orthodox Church”. This resulted not only in the doctrinal unity of the UOC with Ecumenical Orthodoxy through the mediation of the ROC but also in its dependence on its religious center for interchurch and interreligious policy and a direct indication that the UOC possesses a “canonical” status only through mediation and by the grace of the Moscow Patriarchate.
This model of “unity” is fundamentally different from the unity with the Ecumenical (Constantinople) Throne, as indicated, for example, in the Charter to the Church of the Moscow Kingdom and the Tomoses of the Patriarch of Constantinople to the Bulgarian, Georgian, Greek, Romanian, Serbian, Orthodox Church of Ukraine, and other Orthodox Churches. Whereas the second case implies a completed action and a way in which the newly recognized local church becomes part of the Plenitude of Orthodoxy, the first case refers to a state, i.e., that the UOC is part of the Plenitude of Orthodoxy through the ROC, being permanently united with the Ecumenical Orthodox Plenitude only through the Charter.
The wording of the Charter also requires further research of the resolutions of the Council of Bishops of the Russian Orthodox Church, held on October 25-27, 1990. For, according to the Charter, the UOC is to be guided by “the resolutions of this Bishops’ Council.”
6.3. Having examined the resolutions of this Bishops’ Council of the Russian Orthodox Church of October 25-27, 1990, the Expert Group identified two points that directly relate to the status of the UOC:
Clause 3. “The Primate of the UOC is elected by the Ukrainian episcopate and blessed by His Holiness Patriarch of Moscow and all Russia”;
Clause 8. “The Metropolitan of Kyiv and all Ukraine, as Primate of the UOC, is a permanent member of the Holy Synod of the Russian Orthodox Church.”
Preliminary conclusions on this document:
— The lack of independence of the appointment (legitimization) of the Head of the UOC — he must be legitimized (blessed) by the Patriarch of Moscow. The method of “blessing” is not defined, so it can be a private, non-public event.
- The permanent membership of the Head of the UOC in the governing body of the Moscow Patriarchate is mandatory.
6.4 The analysis of the current Statute of the Russian Orthodox Church (as amended in 2017) has revealed separate Chapter X (http://www.patriarchia.ru/db/text/5082273.html) (Appendix 20), which is dedicated to the status of the UOC as “self-governing church with broad autonomy rights.” It should be noted that this separate section addressing the status of the UOC could not have been added to the ROC Statute without the knowledge of Metropolitan Onufriy of Kyiv and All-Ukraine. Accordingly, the Bishops’ Council of the Russian Orthodox Church (November 29-December 7, 2017) approved a new version of the ROC Statute, in part due to the vote of all Ukrainian bishops.
In particular, the Statute of the Russian Orthodox Church defines the UOC as a part of the Moscow Patriarchate, which has the following rights and obligations:
1. The UOC is self-governing with broad autonomy rights.
2. The UOC was granted independence and self-governance in accordance with the Resolution of the Bishops’ Council of the Russian Orthodox Church of October 25-27, 1990, “On the Ukrainian Orthodox Church”.
3. In its life and activities, the UOC is guided by the Resolutions of the Council of Bishops of the Russian Orthodox Church in 1990, “On the Ukrainian Orthodox Church”, the Charter of the Patriarch of Moscow and all Russia of 1990 and the statute of the Ukrainian Orthodox Church, which is approved by its Primate and endorsed by the Patriarch of Moscow and all Russia.
4. The bodies of church authority and governance of the UOC are its Council and Synod, headed by its Primate, who holds the title of “His Beatitude Metropolitan of Kyiv and All Ukraine.” The UOC governing center is located in Kyiv.
5. The Primate of the UOC is elected by the episcopate of the UOC and blessed by His Holiness the Patriarch of Moscow and All-Russia.
6. The name of the Primate is remembered in all churches of the UOC after the name of the Patriarch of Moscow and All-Russia.
7. The hierarchs of the UOC are elected by its Synod.
8. The decisions to establish or annul dioceses within the UOC and to define their territorial boundaries are made by its Synod with subsequent approval by the Council of Bishops.
9. Hierarchs of the UOC are members of local and bishops’ councils and participate in their work in accordance with sections II and III of this Statute and meetings of the Holy Synod.
10. The decisions of the local and bishops’ councils of the Russian Orthodox Church are binding on the UOC.
11. Decisions of the Holy Synod are valid in the UOC with due regard for the peculiarities determined by the independent nature of its governance.
12. The UOC has its own highest ecclesiastical court. Furthermore, the court of the Bishops’ Council is the highest church court for the UOC. Within the UOC, such canonical prohibitions as a lifetime ban from the priesthood, defrocking, and ex-communication are imposed by the diocesan bishop with further approval by the Metropolitan of Kyiv and All Ukraine and the Synod of the UOC.
13. The UOC receives holy myrrh from the Patriarch of Moscow and All-Russia.
Preliminary conclusions on this document:
The UOC is a structural unit of the Russian Orthodox Church, which is confirmed by the presence of a separate chapter in the Statute of the Russian Orthodox Church dedicated to this Church. The existence of such a chapter was approved by the hierarchs of the UOC, who voted for it as part of the Council of Bishops of the Russian Orthodox Church in December 2017. The existence of a separate chapter in the Charter of the Russian Orthodox Church was not disavowed or in any way challenged at the UOC Council on May 27, 2022.
The dependence of the UOC on the ROC also stems from the following clauses of the Statute of the Russian Orthodox Church:
a) “independent and self-governed” is the status of the UOC provided by the Charter of the Russian Orthodox Church (Chapter X, clause 2). However, this status is neither a sign of separation of the UOC from the Russian Orthodox Сhurch nor a sign of being a completely independent church entity.
b) The statement that “the governing center of the UOC is located in the city of Kyiv” does not evidence any independence of the UOC from its center in the aggressor state since such an interpretation is spelled out in the Statute of the Russian Orthodox Church (Chapter X, clause 4), which generally clearly defines the UOC as a structural unit of the Russian Orthodox Church, and, therefore, provides for and determines the possibility of influence of the governing bodies of the Russian Orthodox Church on this “governing center” (Chapter X, clauses 8, 10, 12 of the Statute of ROC).
c) Decisions of the governing bodies of the Russian Orthodox Church are binding on the UOC (Chapter X, clause 10). The only thing is that the decisions of the Synod of the Russian Orthodox Church can be variably implemented in the UOC, taking into account the specifics of “independent governance” (Chapter X, clause 11).
d). The Ecclesiastical Court of the highest instance for the UOC is the local or bishops’ councils of the Russian Orthodox Church (Chapter X, clause 12).
e). Hierarchs of the UOC are members of the highest governing bodies of the Russian Orthodox Church (local and bishops’ councils), are obliged to participate in their work (Chapter X, clause 9) and thus influence (through individual voting) the final decisions of these governing bodies.
6. Letter of Metropolitan Onufriy to the Head of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience dated June 1, 2022, No. 0405.
The main theses of the letter addressed by the Religious Expert Examination:
- The Council of the UOC of May 27, 2022, “made supplements and amendments to the Statute on Governance of the UOC, which testify not only to the administrative independence that had previously existed in accordance with the Charter (Tomos) of Patriarch Alexy II of Moscow and All Russia of October 27, 1990 but also to the full canonical independence of the UOC and its separation from the Moscow Patriarchate” (p. 1).
- “All clauses implying the connection of the UOC with the Russian Orthodox Church were removed from the Statute on Governance of the UOC” (p. 1).
- “Metropolitan of Kyiv has terminated his membership in the Holy Synod of the Russian Orthodox Church” (p. 1).
– “The name of the Patriarch of Moscow and all Russia is not remembered during divine services in all churches and monasteries of the UOC” (p. 1).
- “The governing center of the UOC is located in Kyiv” (p. 1).
- “The Council considered the prospect to resume preparation of the Holy Chrism in Kyiv and the opening of Ukrainian Orthodox parishes abroad under the direct authority of the UOC for Ukrainian citizens, which are characteristics of an independent Church” (pp. 1-2).
Preliminary conclusions on this document:
- Agreeing in general with the thesis that “all clauses implying the connection of the UOC with the Russian Orthodox Church were removed from the Statute on Governance of the UOC,” we note that the signatory of the letter never used the concept of “autocephaly” or “autonomy”. However, only the alignment with these terms can show the current actual state of canonical and legal relations between the UOC and the ROC. Therefore, all appeals to “administrative independence” or “full canonical independence” are appeals to the statuses that are in no way defined in the canons and traditions of the Orthodox Church and therefore relate only to intra-church relations (between parts and the whole).
- Metropolitan Onufriy calls the letter a “Tomos”, as was the case in previous versions of the Statute of the Russian Orthodox Church (see, for example, Section VIII clause 17 – “self-governing churches” — http://www.patriarchia.ru/db/text/419782.html) (Appendix 14), which states:
“In its life and activities, it [the UOC] is guided by the Tomos of the Patriarch of Moscow and all Russia of 1990 and the Statute of the UOC, which is approved by its Primate and endorsed by the Patriarch of Moscow and all Russia.”
There is a Greek ecclesiological tradition of calling important church documents Tomoses (from the Greek τόμος – decree, message – of the Primate of the local Orthodox Church in matters of church organization). However, firstly, this tradition is not specific to the Russian Orthodox Church, where only the letters granting autonomy or autocephaly were called Tomoses. This is confirmed by the fact that in the current version of the Statute of the Russian Orthodox Church, this term has been replaced by the word “Charter”. Secondly, after the Orthodox Church of Ukraine received the Tomos, Ukrainian society understands this term as granting autocephalous status to the Church. The author of the letter, calling the Charter of the Moscow Patriarch a “Tomos”, seeks to equalize these two documents. But the letter of the Moscow Patriarch does not imply autocephaly or autonomy of the UOC, claiming that the UOC, within the framework of the Russian Orthodox Church, is endowed with the rights of “broad autonomy” that are not inherent in the canons.
- The change in the status of the UOC to autocephalous (full independence) involves undertaking several canonical measures that are not mentioned in the letter (and have not been implemented as of January 2023), although they would be a true confirmation of the thesis that the UOC has proclaimed “full canonical independence” in the sense of “severing relations with the center in the aggressor state.” However, the author of the letter writes only about “separation” from the Moscow Patriarchate, which in the language of ecclesiology refers to the process of intra-church relations, but does not mean that the UOC has acquired the status of an autocephalous church independent of the ROC.
- Metropolitan Onufriy’s statement set out in a letter to the Head of the Ethnopolitics about the “termination” of membership in the Synod of the Russian Orthodox Church has not received documentary confirmation known to the Expert Group. Since June 2022, the Synod of the Russian Orthodox Church has not published either a list of its members or a list of participants in its sessions. Also, until the end of August 2022, the decision of the Synod of the Russian Orthodox Church on the participation of Metropolitan Anthony Pakanich in its work as a non-permanent member of the Synod of the Russian Orthodox Church was in force. Nor did Metropolitan Anthony Pakanych send any official letters to the leadership of the Russian Orthodox Church informing them of their withdrawal or impossibility of further membership in the Synod of the Russian Orthodox Church after the decisions of the Council of the UOC held on May 27, 2022.http://www.patriarchia.ru/db/text/5877584.html) (Appendix 16).
- The statements on independence contained in the letter cannot be considered as confirming this independence. This applies to the following characteristics:
a) Preparation of the Holy Chrism: Only six of the sixteen autocephalous churches listed in the diptych prepare chrism on their own. The chrism was prepared in the Kyiv Pechersk Lavra for several centuries, but this did not mean that the Kyiv Metropolia had an “independent” or “autocephalous” status. The reason for the local Chrism preparation was a practical need for chrism and significant difficulties with its delivery from the church center. Most autocephalous churches, including the ancient Patriarchates of Alexandria, Antioch, and Jerusalem, do not prepare chrism on their own but receive it from the Patriarchate of Constantinople, which is a symbol of the unity of Orthodoxy.
b). Opening of Orthodox Parishes for refugees from Ukraine abroad. This in no way attests that the Church has any special status that could be characterized as autocephalous or autonomous.
- The non-commemoration of Patriarch Kirill of Moscow during divine services in churches and monasteries of the UOC is also no evidence of the full independence of the UOC. In the UOC, this practice developed back in the 90s of the last century. According to Metropolitan Anthony Pakanych, the UOC chancellor, “Since the 90s, there has been a practice: if the commemoration of the patriarch can lead to any disputes or confrontations, the priest is allowed not to remember him. By the way, this practice was blessed by His Holiness Patriarch Alexy II.” (https://glavcom.ua/interviews/keruyuchiy-spravami-upc-mp-brmitropolit-antoniy-pislya-zmini-vladi-stalo-legshe-648317.html, 23.12.2019, Glavkom). According to Orthodox canons and established tradition, it is sufficient that only the Primate of the UOC remembers his Patriarch.
– Meanwhile, the members of the Expert Group are not aware of any documents that would indicate the UOC’s disaffiliation from the ROC, namely those that would proclaim/announce it:
a) proclamation of autocephaly or autonomy of the UOC;
b) self-awareness of the UOC as a completely independent ecclesiastical unit;
c) withdrawal of the Primate and hierarchs of the UOC from the Synod of the Russian Orthodox Church and from the Synodal bodies of the Russian Orthodox Church;
d) the loss of validity for the UOC of the articles of the ROC Statute, which stipulate its subordinate status within the ROC.
The absence of such documents may suggest the existence of subordination in the relations between the UOC and the ROC.
6.6. Letter of Metropolitan Onufriy to the Head of the State Service of Ukraine for Ethnopolitics and Freedom of Conscience dated September 28, 2022, No. 0838.
The main points of the letter related to the topic addressed:
- “The UOC gained autonomy and independence in its governance from the Russian Orthodox Church and also gained union through the latter with the One Holy Catholic and Apostolic Church, that is, with other Orthodox Churches” (p. 1).
- “The UOC communicates directly with other local Orthodox Churches” (p.2).
- “The wording of the letter of Patriarch Alexy II of Moscow and all Russia dated October 27, 1990, “The UOC is united through our Russian Orthodox Church with The One Holy, Catholic and Apostolic Church”, does not provide for any administrative subordination or dependence of the UOC on the Russian Orthodox Church” (p. 2).
- “The Metropolitan of Kyiv has terminated his membership in the Holy Synod of the Russian Orthodox Church” (pp. 2-3).
Preliminary conclusions on this document:
- The thesis that the UOC received “independence and self-governance” from the Russian Orthodox Church and is united through the latter with Universal orthodoxy is fully true, since the respective provision is contained in the Statute of the Russian Orthodox Church (Chapter X, clauses 2-3). Currently, the Expert Group does not know a single document of any local Orthodox Church that would recognize the UOC as an independent (autocephalous) church.
– The UOC does not communicate directly with other Local Orthodox Churches but only as part of the ROC since its recognized canonical status is that of an association of dioceses of the Moscow Patriarchate in Ukraine: “Nevertheless, in a spirit of pastoral sensitivity, we temporarily tolerate the existence of the Ukrainian Bishops under Russia, not as local ruling bishops, but rather as titular or living hierarchs in Ukraine, according to Canon 8 of I Nicaea, hoping that, God willing, they will soon unite with the local church.
For this reason, His Eminence Onuphrios is no more considered the canonical Metropolitan of Kyiv, but as a hierarch residing in Kyiv, as it has been printed in the Yearbook of the Ecumenical Patriarchate for the year 2020.”
(Official explanation of Ecumenical Patriarch Bartholomew to the editors of the Cerkvarium website:
https://cerkvarium.org/dokumenty/tserkovni/vidpovid-vselenskogo-patriarkha-tserkvariumu-shchodo-kanonichnogo-statusu-upts-mp) (Appendix 15).
6.7. The Expert Group notes that the criteria for relations of subordination to a foreign religious center, which are defined in Ukrainian legislation (Law of Ukraine No. 987 (as amended on 15.03.2022), essentially set out in legal language the criteria provided by Orthodox ecclesiology to denote the subordination of one ecclesial unit to another:
- “The affiliation of a religious organization (association) with a religious organization (association)... is determined in the presence of one of the following characteristics:
1) the statute (regulations) of a religious organization operating in Ukraine contains indications for being part of the structure of a religious organization (association) whose governing center (leadership) is located outside of Ukraine;
2) the statute (regulations) of a foreign religious organization (Association), the governing center (leadership) of which is located outside Ukraine in a state that is legally recognized as having committed military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine, contains indications of being part of the structure of a religious organization (association) operating on the territory of Ukraine, as well as for the right to make decisions by the statutory governing bodies of the specified foreign religious organization (association) on canonical and organizational issues that are binding for a religious organization (association) operating on the territory of Ukraine;
3) the statute (regulations) of a religious organization (association), the governing center (management) of which is located outside Ukraine in a state that is recognized by law as having committed military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine, provides for mandatory membership of leaders (authorized representatives) of a religious organization (association) operating on the territory of Ukraine into the statutory governing bodies of the specified foreign religious organization (association) with the right to a decisive vote” (Article 12, Part 8).
As part of this overview, we will consider the characteristics of the status of the UOC.
The first characteristic: the statute of a religious organization operating in Ukraine contains references to being part of a religious organization (association) whose governing center (management) is located outside Ukraine.
This characteristic is true. In particular, clause 1, Section 1 of the Statute on Governance of the UOC indicates that the UOC is guided by the Charter of the Moscow Patriarch. The Charter declares the inclusion of the UOC into the system of Ecumenical Orthodoxy through the Russian Orthodox Church, and the reference to the Resolution of the Bishops’ Council of the Russian Orthodox Church in 1990 ensures legitimization of the leadership of the UOC through the blessing of the Moscow Patriarch and provides for the membership of the Primate and other hierarchs in the highest governing bodies of the Russian Orthodox Church (Moscow Patriarchate).
The second characteristic: the statute of a foreign religious organization (association) whose governing center (management) is located outside Ukraine in a state that is recognized by law as having committed military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine, contains indications that a religious organization (association) operating in Ukraine makes part of its structure, as well as the right of the statutory governing bodies of the said foreign religious organization (association) to make decisions on canonical and organizational issues that are binding for a religious organization (association) operating in Ukraine.
This characteristic is true. The statute of the Russian Orthodox Church contains Chapter X, dedicated to the Ukrainian Orthodox Church, which specifies all the provisions that are now reflected in the Statute on Governance of the UOC. The presence of a separate chapter in the Statute of the Russian Orthodox Church indicates that the Russian Orthodox Church considers the UOC as its structural unit. The presence of such a chapter in 2017 was approved (voted) by the hierarchs of the UOC as members of the Bishops’ Council of the Russian Orthodox Church. The presence of a separate chapter in the Statute of the Russian Orthodox Church was not disavowed or in any way challenged at the UOC Council on May 27, 2022.
The third characteristic: the statute of a religious organization (association), the governing center (management) of which is located outside Ukraine in a state that is recognized by law as having committed military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine, provides for mandatory membership of leaders (authorized representatives) of a religious organization (association) operating on the territory of Ukraine into the statutory governing bodies of the specified foreign religious organization (association) with the right to vote.
This characteristic is true. The Statute of the Russian Orthodox Church contains clear indications of the membership of bishops of the UOC in the local and bishops’ councils of the Russian Orthodox Church (Chapter X, clause 9). These are the highest governing bodies of the Russian Orthodox Church (Moscow Patriarchate). The hierarchs’ vote is personal and secret and thus can be determinative in making decisions on the issues under consideration.
The official website of the Russian Orthodox Church presents biographies of all hierarchs of the UOC as biographies of hierarchs of the Russian Orthodox Church (http://www.patriarchia.ru/db/persons/5412171/) (Appendix 13).
According to the Charter, the Primate of the UOC is a permanent member of the Synod of the Russian Orthodox Church (clause 8. Resolution “On the UOC” of the Bishops’ Council of the Russian Orthodox Church of October 25-27, 1990). The Synod of the Russian Orthodox Church is the governing body of the Russian Orthodox Church (Moscow Patriarchate) in the period between bishops’ and local councils (clause 1. Chapter V of the Statute of ROC).
Moreover, after the new version of the Statute on Governance of the UOC was adopted (dated May 27, 2022), the decisions of the Synod of the Russian Orthodox Church incorporated the clergy of the UOC into the synodal bodies of the Moscow Patriarchate. This may suggest that the relationship of subordination continues. In particular:
- The Moscow Patriarchate’s Commission on Old Believer Parishes and Interaction with Old Believers includes clergymen of the UOC: Metropolitan Ionafan (Yeletsky) of Tulchyn and Bratslav and Archimandrite Achilla (Shakhtarin) (Decision of the Synod of the Russian Orthodox Church of 13.10.2022, journal 114 http://www.patriarchia.ru/db/text/5966901.html) (Appendix 9). The mentioned Commission is a synodal body (a structural unit of the executive vertical of the Russian Orthodox Church).
- Archpriest Volodymyr Savelyev, Chairman of the Publishing Department of the UOC, was included in the Publishing Council of the Russian Orthodox Church for the period 2023-2026 (decision of the Synod of the Russian Orthodox Church of December 29, 2022, Journal No. 142, http://www.patriarchia.ru/db/text/5989206.html) (Appendix 10). It should be noted that this Publishing Council is a synodal body and is based on the executive vertical principle. The council consists of representatives of structural units of the Russian Orthodox Church (Moscow Patriarchate). It should be noted that archpriest Volodymyr Savelyev is the only one who protested against his inclusion in the Publishing Council of the Russian Orthodox Church. However, in his protest, he did not mention the fact that the UOC is an independent Church, different from the Russian Orthodox Church, and therefore it cannot participate in the work of the governing bodies of another church. The clergyman gave other reasons for his refusal (disagreement of the issue with him and aggression of Russia) (https://news.church.ua/2022/12/31/svyashhennik-upc-visloviv-protest-cherez-jogo-vklyuchennya-vidavnichoji-radi-rpc/) (Appendix 11).
Being aware of the fact that the members of the UOC may not have any influence on the desired/undesired decisions of the governing bodies of the ROC since the beginning of Russia’s large-scale aggression against Ukraine, the Expert Group draws attention to the circumstances that seem to be fundamental in view of the purpose of the Religious Expert Examination:
- The highest bodies of church power and administration of the UOC did not respond in any way to the change in the structure of their church. Namely, the seizure by the leadership of the Russian Orthodox Church of a number of dioceses of the UOC. Thus, the hierarchs who officially became directly subordinate to the Moscow Patriarch (June 07, 2022, the Dioceses of Dzhankoy, Simferopol and Feodosia were accepted into “direct canonical and administrative subordination to the Patriarch of Moscow and all Russia and the Holy Synod of the Russian Orthodox Church”, Journal No. 59 of the Synod of the Russian Orthodox Church dated 07.06.2022, http://www.patriarchia.ru/db/text/5934527.html) (Appendix 17), remain members of the governing bodies of the UOC. For example, Metropolitan Lazar Shvets of Simferopol and Crimea, Head of the Crimean Metropolia of the Russian Orthodox Church, remains a permanent member of the UOC Synod (https://sinod.church.ua/pro-sinod/sklad/) (Appendix 12), and the bishops of the Crimean Metropolia of the Russian Orthodox Church are members of the Council of Bishops of the UOC since they remain part of the ruling and vicar bishops of the UOC (https://church.ua/pravyashhie-arxierei/ (Appendix 19); https://church.ua/vikarnye-arxierei/ (Appendix 18). This actually evidences the influence of representatives of the Moscow Patriarchate, who are directly administratively subordinate to the Moscow Patriarch, on decision-making by the highest church authorities and governing bodies of the UOC.
- The inclusion of UOC clerics in the synodal departments of the Russian Orthodox Church after the adoption of the Statute on Governance of the UOC on May 27, 2022, was not in any way assessed by the Primate and Synod of the UOC.
Similarly, not a single bishop of the UOC made a statement about withdrawal from the Bishops’ or Local Councils of the ROC, nor did the Head of the UOC, Metropolitan Onufriy, make any public statement about withdrawal from the Synod of the ROC (although he claimed this in his letters to the Head of the State Ethnopolitics).
The absence of documents that would indicate the withdrawal of representatives of the UOC from the governing bodies of the ROC and the absence of objections to the new inclusion of representatives of the UOC in the governing bodies of the ROC may indicate that the UOC continues to be part of the ROC.
7. Circumstances established by the expert examination
7.1. The Statute on Governance of the UOC, adopted at the Council of the UOC on May 27, 2022, in Section 1 (clause 1) literally repeats the provisions of the Statute of the ROC (Chapter X, clauses 2-3), which declare the “independence and autonomy” of the UOC, as well as the arrangement of the UOC structure in accordance with the Charter of the Moscow Patriarch of 1990. This textual coherence indicates that the Council of the UOC of May 27, 2022, did not transgress the boundaries set by the current Statute of the ROC (2017). Meanwhile, the Statute of the Russian Orthodox Church defines the UOC as an integral part of the Moscow Patriarchate.
7.2. The status of “independent and self-governing church” granted to the UOC by the Charter of the Moscow Patriarch (dated October 27, 1990) is not found in the Orthodox canons, which use only the terms “autocephalous” or “autonomous” to refer to fully or partially independent churches. Only the autocephalous church receives a fully independent status, which is confirmed by the relevant document (Tomos). All other statuses are granted to structural units of the Mother Church, with the granting of one or another degree of independence in their activities. The rights and obligations of these religious organizations are defined in detail by the Statute of their Mother Church. This is a key sign of the presence of ecclesiastical and canonical ties between the UOC and the ROC; namely: the Statute of the ROC actually provides for the existence of relations of subordination of the religious association of the UOC as a part of the religious association of the ROC as a whole. The Statute on Governance of the UOC contains a reference to the Charter of Patriarch Alexy II of Moscow and All Russia of October 27, 1990, as determining the status of the UOC. The Charter provides for union with the ROC and does not provide for the existence of the UOC as a separate autocephalous local church independent of the ROC.
The Expert Group is not aware of the UOC leadership’s denial of such circumstances. The “unity” with Ecumenical Orthodoxy “through the Russian (Russian) Orthodox Church” designated in the Charter indicates not only dependence on the ROC in conducting interchurch and interreligious policy but is also a direct indication that the UOC enjoys “canonical” status only through its unity with the ROC.
7.3. The status of the UOC as a subordinate part of the Russian Orthodox Church is also defined in the current version of the Statute of the Russian Orthodox Church (Chapter X).
The presence of a separate chapter in the Statute of the Russian Orthodox Church dedicated to the UOC indicates the status of the UOC as a structural unit of the Russian Orthodox Church. This chapter was not disavowed or in any way challenged at the Council of the UOC on May 27, 2022.
7.3.1. The Statute of the Russian Orthodox Church provides for the status of “independent and self-governing” for the UOC (Chapter X, clause 2). The Russian Orthodox Church does not interpret this status as a sign of a separate or completely independent church entity.
7.3.2. The statement that “the governing center of the UOC is located in the city of Kyiv” does not evidence any independence of the UOC from its center in the aggressor state, as such an interpretation is spelled out in the Charter of the Russian Orthodox Church (Chapter X, clause 4), which generally clearly defines the UOC as a structural division of the Russian Orthodox Church, and, therefore, ensures the possibility of influence of the governing bodies of the Russian Orthodox Church on this “governing center” (Chapter X, clauses 8, 10, 12 of the Statute of ROC).
7.3.3. Decisions of the governing bodies of the Russian Orthodox Church are binding on the UOC (Chapter X, clause 10).
7.3.4. The Ecclesiastical Court of the highest instance for the UOC is the local or bishops’ councils of the Russian Orthodox Church (Chapter X, clause 12).
7.3.5. All hierarchs of the UOC are members of the highest governing bodies of the Russian Orthodox Church (local and bishops’ councils) and are required to participate in their work (Chapter X, clause 9).
7.4. Having examined the position of the UOC provided by the State Service of Ukraine for Ethnopolitics and Freedom of Conscience regarding the interpretation of issues related to the presence or absence of a church-canonical connection between the UOC and the Moscow Patriarchate (letters of Metropolitan Onufriy to the Head of the State Ethnopolitics No. 0464 dated 01.06.2022 and No. 0838 dated 28.09.2022), the Expert Group notes the following:
7.4.1. Metropolitan Onufriy does not use the canonical concept of “autocephaly” established in Orthodox ecclesiology to mean full independence in his explanations of the UOC’s interpretation of its canonical status. He does not even use the term “autonomy,” which means a state of partial dependence. Statements about “administrative independence,” “full canonical independence”, or “dissociation from the Moscow Patriarchate” refer only to intra-church relations between parts of one church and do not indicate that the UOC has acquired the status of a religious organization independent of the ROC.
7.4.2. Changing the status of the UOC to “full independence” (in the meaning of “autocephaly”), as declared in the explanations for the State Service of Ukraine for Ethnopolitics and Freedom of Conscience, involves several actions of canonical nature:
- sending out peace letters to the Primates of other local Orthodox Churches, that is, an official notification of the change in the relations of subordination of the Russian Orthodox Church to equal relations of Independent Churches;
- request to all local Churches to recognize the new status of the UOC;
- proposals on models of coexistence with the OCU, etc.
These actions are not mentioned in the letters to the State Ethnopolitics and were not carried out as of January 2023.
7.4.3. Metropolitan Onufriy’s statements in his letters to the Head of the State Ethnopolitics about the termination of membership in the Synod of the Russian Orthodox Church have no documentary evidence. There are no documents (orders, decisions, applications, letters, reports, appeals, decrees, arguments of the UOC Synod, etc.) to support this claim. There is no information that the UOC appealed to the ROC with a notice of Metropolitan Onufriy’s withdrawal from the Synod of the ROC. Since June 2022, the Synod of the Russian Orthodox Church has not published a list of its members, and the leadership of the Russian Orthodox Church has not commented on this non-public desire of the Metropolitan.
7.4.4. The non-commemoration of Patriarch Kirill of Moscow during divine services in churches and monasteries of the UOC is also no evidence of the full independence of the UOC. According to Orthodox canons and established tradition, it is sufficient that only the head of the UOC remember this patriarch.
7.4.5. The resumption of chrism preparation in Kyiv is not a sign of an “independent” or even “autocephalous” church.
7.4.6. The facts of opening Orthodox Parishes for Ukrainian citizens abroad do not confirm the existence of any special status in the church, which could be described as close to autocephalous or autonomous.
7.5. Ecumenical Orthodoxy does not consider the UOC to be an autocephalous entity (different from the Russian Orthodox Church), and the UOC does not consider it necessary to change this situation, given the following:
- The Patriarchate of Constantinople considers the hierarchs of the UOC not local ruling bishops but only Russian bishops residing in Ukraine.
- No local Orthodox Church has recognized the UOC as a different church from the Russian Orthodox Church.
- There are no documents issued by the governing bodies of the Russian Orthodox Church certifying the autocephalous or autonomous status of the UOC. All statements and declarations of the leaders and representatives of the UOC on “independence” or “autonomy” fully comply with the provisions of the current version of the Statute of the Russian Orthodox Church, which defines the UOC as a structural unit of the Russian Orthodox Church.
- The UOC has not taken any canonical actions regarding cooperation with other local Orthodox churches that would confirm the existence of a real, rather than declarative, intention to secede the UOC from the Russian Orthodox Church.
- The UOC has complicated relations with those churches that have established Eucharistic unity with the Orthodox Church of Ukraine. In particular, following the Russian Orthodox Church, the UOC broke off Eucharistic communion with the Churches of Constantinople, Alexandria, Cyprus and Greece (no other church other than the Russian Orthodox Church did this). The Council of May 27, 2022, approved these decisions by a special decree (clause 5 of the Council’s Resolution) (Appendix 8), which is illogical given the proclamation of a true separation from the ROC and the attempt to establish an independent identity different from the ROC.
7.6. Based on the criteria of relations of subordination to a foreign religious center, which are contained in the Ukrainian legislation (Law of Ukraine No. 987 (version of 15.03.2022), confirmed by the Constitutional Court of Ukraine (Judgment No. 4-R/2022 of 27.12.2022), the UOC fully falls under all three criteria defined in Part 8 of Article 12 of the Law of Ukraine No. 987 of the criteria of belonging of a religious organization to a foreign religious center. Therefore, the UOC fully complies with the characteristics of a religious organization whose governing center is located outside Ukraine, in the aggressor state.
GENERAL CONCLUSION of the Religious Expert Examination of the Statute on Governance of the Ukrainian Orthodox Church for the presence of ecclesiastical and canonical ties with the Moscow Patriarchate (Russian Orthodox Church)
The Expert Group came to the following conclusions:
Chairman of the Expert Group Oleksandr SAGAN
Secretary of the Expert Group Victoria KOCHUBEY