The court recognizes the law of Ukraine on renaming the UOC-MP as compliant with the Constitution

On Tuesday, December 27, at the plenary session, the Constitutional Court of Ukraine adopted a decision on the case on the constitutional submission of 49 MPs of Ukraine on compliance with the Constitution of Ukraine of the law of Ukraine "on amendments to Article 12 of the law of Ukraine "On freedom of conscience and religious organizations" regarding the name of religious organizations (associations) that are part 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"( the case on the full name of religious organizations) (hereinafter–the law).

This is stated on the court website.

It is noted that the Constitutional Court of Ukraine recognized the contested law as consistent with the Constitution of Ukraine.

The adopted law obliges religious associations to reflect their membership in a religious organization (association) outside of Ukraine, to which it is a member, by mandatory reproduction in their name of the full statutory name of such a religious organization. Also, this law established restrictions in the conditions of war on the access of clergymen, religious preachers, and mentors of religious organizations, the governing center (management) of which is located outside of 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 in parts, formations of the Armed Forces of Ukraine and other military formations of Ukraine in their locations or other restrictions provided for by law.

In making the decision, the Constitutional Court of Ukraine took into account the decision of the European Court of human rights in the case of Ilyin and others v. Ukraine, which in particular states: "The very fact that the state requires a religious organization wishing to be registered to take a name that makes it impossible to mislead believers and society as a whole and thanks to which it is possible to distinguish it from existing organizations, in principle, can be considered a justified restriction on its right to choose its name freely."

The text of the decision and its summary will be published on the official website of the Constitutional Court on December 28, 2022.

In addition, on Wednesday, December 28, 2022, at 09.30, judges-rapporteurs will be briefed on this case.