The Administrative Court of Cassation, part of the Supreme Court, has rejected the appeal from the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC MP). This appeal pertained to measures aimed at securing the claim in the case concerning the termination of the UOC-MP's activities.
According to Interfax-Ukraine, on Wednesday, Judge Olha Kashpur announced a ruling that dismissed the complaint of the UOC-MP, maintaining the decision of the court of first instance.
During the hearing, a representative of the UOC-MP argued that if this ruling was not upheld, the State Service of Ukraine on Ethnic Policy and Freedom of Conscience (DESS) would issue a directive to 154 religious organizations affiliated with the UOC-MP. He acknowledged that this could lead to the filing of 154 lawsuits.
In response, a representative of the DESS stated that such an order had not yet been sent to the 154 religious organizations and that there were currently no plans to do so.
The Sixth Administrative Court of Appeal is reviewing the lawsuit filed by the State Service of Ukraine on Ethnic Policy and Freedom of Conscience against the Kyiv Metropolia of the Ukrainian Orthodox Church, seeking to terminate its status as a religious organization.
On September 16, a representative of the UOC-MP filed a motion for injunctive relief, requesting that the court prohibit the DESS from issuing orders to rectify violations to religious organizations affiliated with the Kyiv Metropolia. This organization is recognized as being linked to a foreign religious entity whose activities are prohibited in Ukraine.
In support of its claim, the representative highlighted that failing to take action to secure the claim could result in the dissolution of 154 religious organizations that are part of or affiliated with the UOC-MP.
On September 18, after reviewing the case, the court ruled to deny the request for measures to secure the claim.
On September 29, the UOC-MP filed an appeal against the Sixth Administrative Court of Appeal's decision, seeking to overturn the ruling and to have a new one issued that grants the request for measures to secure the claim. Subsequently, on October 2, the Cassation Administrative Court of the Supreme Court opened appeal proceedings regarding this appeal.
In August 2024, the Verkhovna Rada adopted the law “On the Protection of the Constitutional Order in the Sphere of Religious Organizations,” which prohibits the activities of religious organizations affiliated with the Russian Orthodox Church in Ukraine.
On May 20, the DESS initiated an investigation into signs of the UOC-MP's affiliation with a banned foreign religious organization.
On July 9, the DESS announced it had identified signs of the UOC-MP's affiliation with the Russian Orthodox Church (ROC), whose activities are banned in Ukraine.
On July 17, the DESS issued an order to the UOC-MP, requiring it to rectify violations of the law on freedom of conscience and religious organizations by August 18. This order also included a list of religious organizations that are part of or affiliated with the UOC-MP.
In response, the UOC-MP sent a letter to the DESS explaining its stance on the Church's status and stating that the order represented an interference in the Church's internal affairs, which could not be complied with.
On August 27, the DESS officially recognized the UOC-MP as an affiliate of the Russian Orthodox Church. In accordance with the law “On the Protection of the Constitutional Order in the Sphere of Religious Organizations,” the UOC-MP will lose its right to use state and communal property within 60 days.
On August 29, the DESS filed a lawsuit to terminate the activities of the UOC-MP, which is recognized as affiliated with the ROC. The court is also being asked to transfer the Church's property, funds, and other assets, excluding religious items, to the state. On September 18, the court denied the UOC-MP's request for measures to secure the claim in this case.
The UOC-MP is requesting that the court declare the DESS's order recognizing the Church as affiliated with the ROC unlawful and revoke it. Additionally, the UOC-MP has filed a counterclaim in the case to terminate the Church's activities.