The State Service on Ethnic Policy and Freedom of Conscience (DESS) functions strictly within the boundaries set by the Constitution and the laws of Ukraine. Both religious organizations and state bodies are accountable for enforcing these laws, and there are legal responsibilities associated with their implementation.
This was stated in an interview with RISU by Viacheslav Horshkov, Head of the Department for Religious Affairs of the DESS.
He emphasized that the Law of Ukraine “On the Protection of the Constitutional Order in the Sphere of Religious Organizations,” adopted a year ago, introduced several amendments to the existing legislation, and does not allow for variability in the actions taken by the state. Specifically, Article 16 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” outlines the specific steps that the State Service of Ukraine on Ethnic Policy and Freedom of Conscience (DESS) must take if the Kyiv Metropolia of the Ukrainian Orthodox Church (UOC) fails to comply with its order to sever relations with the Russian Orthodox Church Moscow Patriarchate (ROC MP).
“And these actions will definitely be taken if the religious organization does not provide a report confirming the elimination of the violations, or if the report provided does not confirm the elimination of the specified violations, and in the absence of grounds for revoking the order,” emphasized Horshkov.
If the Kyiv Metropolia of the UOC does not comply with the order, it will first be officially recognized as affiliated with a foreign religious organization, whose activities are prohibited in Ukraine. The DESS will then follow this procedure:
1. Send relevant orders to religious organizations that are part of or affiliated with the Kyiv Metropolia of the UOC.
2. Notify the State Property Fund of Ukraine, local self-government bodies, and other legal entities and individuals who have provided property for use to the relevant religious organization. This notification will be for the early termination of property use rights, including the cancellation of lease agreements and decisions related to the provision of the relevant property.
3. File a lawsuit in court to disband the UOC-MP as a religious organization.
“As you can see, these are serious steps, and they are not optional. The procedure is very clear, and I do not anticipate any symbolic decisions or ‘check marks’ in the reports,” noted the head of the DESS's department for religious affairs.
If the case goes to court, it may lead to a lengthy legal battle.
“However, court delays are not indefinite, as there are consequences for abusing procedural rights in Ukraine,” emphasized Viacheslav Horshkov.
It should be noted that on July 21, 2025, the Kyiv Metropolia of the UOC received a letter from the State Service of Ukraine on Ethnic Policy and Freedom of Conscience (No. 4499/11-09/25) dated July 17, 2025, which included an attached Order (No. P-1) requiring the elimination of violations related to legislation on freedom of conscience and religious organizations by August 18, 2025. This deadline was later extended to August 24.
In response, the UOC-MP sent a letter to the DESS stating that these requirements are illegal, do not apply to it, and that it will not comply with them.
Viktor Yelensky, the head of the State Service of Ukraine on Ethnic Policy and Freedom of Conscience, warned that if the Ukrainian Orthodox Church of the Moscow Patriarchate does not comply with the DESS's order, it will be recognized as affiliated with the Russian Orthodox Church, and a lawsuit will be filed in court for its termination.