The State Service of Ukraine on Ethnic Policy and Freedom of Conscience (DESS) has filed a lawsuit seeking to terminate the activities of the Kyiv Metropolia of the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC MP), which has been recognized as affiliated with the Russian Orthodox Church. Experts have provided insights into the potential implications for the Church and its believers.
According to DW, Viktor Yelensky, the head of the State Service of Ukraine on Ethnic Policy and Freedom of Conscience (DESS), stated that the lawsuit involves "the termination of the Kyiv Metropolia of the UOC." He explained that this legal and bureaucratic term means that the activities of the Kyiv Metropolia as a legal entity will be terminated, essentially resulting in its liquidation. This implies that the church will lose its legal capacity, meaning it will no longer be able to operate as a legal entity, enter into contracts, or act officially.
Most churches in Ukraine, including the UOC-MP, do not currently have legal status under existing legislation. This lack of legal status is intended to protect religious communities from the potential appropriation of property by the church. Oleksandr Sagan, the head of the Department of Religious Studies at the H. Skovoroda Institute of Philosophy within the National Academy of Sciences of Ukraine, clarified, "If the church is a legal entity, it can own property. A situation may arise where a church built by a community in a village changes jurisdiction, but the church remains tied to the old jurisdiction, forcing the community to build a new church. To prevent such absurd scenarios, legislation was established back in the 1990s that states churches do not have legal status and that property belongs to the community rather than the church as a whole."
Sagan explained that this is the reason the DESS has filed a lawsuit against the governing bodies of the UOC-MP, specifically targeting the Kyiv Metropolia. He noted, "The Kyiv Metropolia, as the governing body of the UOC-MP, is a legal entity and can have its legal status revoked through court action." He further elaborated that the entire hierarchy of the UOC-MP, from the governing center (the Kyiv Metropolia) to regional divisions (dioceses), is structured like a pyramid of separate legal entities. There are approximately 6,000 legal entities within the church hierarchy of the UOC-MP. Sagan believes that the state can initiate the process of revoking legal status starting from the top level and gradually extending it throughout the entire structure, ultimately leading to the church losing its official status in Ukraine.
Under the law "On the Protection of the Constitutional Order in the Sphere of Religious Organizations," the court of first instance has one month to review a case concerning the deprivation of legal entity status. The same time frame is allotted for the consideration of appeals. This provision was included in the law to prevent intentional delays in cases involving religious organizations, as explained by Oleksandr Sagan.
If the court rules in favor of the state, all religious properties used by the UOC-MP must be returned to state and municipal ownership, according to the expert. Sagan notes that "all contracts for the lease of state and municipal property will be terminated and canceled." He estimates that the UOC-MP leases approximately 3,000 religious properties owned by the state and municipalities in Ukraine. Additionally, the expert mentions that "legal entities and individuals who have leased their properties to the UOC-MP will also need to terminate those lease agreements."
Oksana Horkusha, a candidate of philosophical sciences and a religious scholar, points out that the UOC-MP has long benefited from significant state privileges, which have aided its expansion throughout Ukraine. She observes that the UOC-MP had considerable influence over the political elite in the country. Those in power generously provided it with state properties and land, while other religious organizations did not receive similar support. Additionally, Horkusha highlights that this church has received free access to temples that are part of Ukraine's cultural heritage, including the Kyiv-Pechersk and Pochaiv Lavras.
According to Ihor Lukianov, an expert at the Institute for Religious Freedom, if a religious organization is dissolved due to violations of the Law on Freedom of Conscience and Religious Organizations, its property — excluding religious property — may be transferred to the state free of charge. He also noted that any religious property is typically transferred to other religious organizations. Lukianov stated, “If the Kyiv Metropolia of the UOC independently meets the requirements set forth in the DESS's order to eliminate any signs of affiliation with the ROC and reports this appropriately, it will be allowed to continue its activities in accordance with current legislation.”
Experts explain that the deprivation of the UOC-MP's legal status will not result in its complete ban. The church will continue to operate as a collection of unregistered communities. The main consequence of this change will be the loss of privileges that the state currently grants to religious organizations. These privileges include, for example, preferential rates for utilities such as electricity, water, and gas, as well as reduced taxation on commercial activities. "The Ukrainian state does not have the mechanisms or tools to entirely ban or shut down this institution. Parishioners of the UOC-MP can still visit the priests they are accustomed to and continue their prayers," notes Oksana Horkusha.
The head of the DESS emphasizes that there will be no significant changes for the believers of the UOC-MP. He stated, “We are committed to ensuring that the right of individuals in Ukraine to freely practice their religious beliefs remains inviolable and protected. This includes the ability to gather for religious purposes, use religious buildings, and choose whether to change their religious beliefs or not.”