The court refused the State Committee for Ethnic Policy to satisfy the measures to secure the claim in the case of the termination of the activities of the UOC (MP)
The Sixth Administrative Court of Appeal refused the State Service of Ukraine for Ethnopolitics and Freedom to grant the application of measures to secure the claim in the case of termination of the activities of the Ukrainian Orthodox Church (Moscow Patriarchate).
Currently, the Sixth Administrative Court of Appeal is considering the claim of the State Committee for Ethnic Policy against the Kyiv Metropolis of the UOC for termination of the activities of the religious organization.
On October 9, a representative of the State Committee for Ethnic Policy filed an application to secure the claim, in which he asked the court to prohibit local governments, state administrations, state registrars and notaries from performing any registration actions regarding property belonging to the Kyiv Metropolis of the UOC, as well as to block the execution of expenditure transactions on the accounts of the UOC (MP) until the consideration of the case on essence.
In the statement, the representative of the service noted that in the conditions of war with Russia, “it is unacceptable for a religious organization to carry out anti-Ukrainian activities, including the use of funds to lobby not for its own interests, but for the interests of the aggressor country”.
“Lobbyists who receive money from the CM of the UOC direct their efforts to discredit Ukraine in the external arena, falsify state policy in the field of freedom of conscience, and make frank insinuations that reproduce the most odious Russian narratives, which is reflected in an interview with Robert Amsterdam, whose firm receives funding from the UOC”, the document states.
The State Policy believes that there is a risk of the UOC (MP) withdrawing its property, funds, and assets, which, if the lawsuit is satisfied, should be transferred to the ownership of the state. Following the results of the consideration, the court on October 22 refused to grant the application for the application of measures to secure the claim.
As a reminder, on May 20, the State Committee for Politics began checking for signs of a connection between the UOC (MP) and the ROC, and on July 9, it officially announced that such signs had been discovered. On July 17, the service issued an order to the UOC (MP) to eliminate violations of the law by August 18 and approved a list of religious organizations affiliated with it. After that, the UOC (MP) sent a letter to the department with its own vision of the status of the Church, stating that the order is “interference in the internal life of the Church” and cannot be implemented.
On August 27, the State Committee for Politics officially recognized the UOC (MP) as affiliated with the ROC. According to the new law, after 60 days it must lose the right to use state and municipal property.
On August 29, the service filed a lawsuit with the court to terminate the activities of the UOC (MP) and transfer its property, funds and assets to the state (with the exception of religious property).
On September 18, the court denied the UOC (MP) a motion to secure the claim, and on October 29, the Cassation Administrative Court within the Supreme Court confirmed this decision, rejecting the appeal.
In turn, the UOC (MP) filed a counterclaim, demanding that the order of the State Committee for Ethnic Policy on recognizing it as affiliated with the Russian Orthodox Church be declared unlawful and canceled.
