Zhytomyr Court of Appeal overturns conviction of UOC priest in case of recognizing Russian aggression

On February 5, 2026, the Zhytomyr Court of Appeal overturned the guilty verdict of the Radomyshl District Court of the Zhytomyr region against Archpriest Vladyslav Smolinskiy, a clergyman of the Ovruch diocese of the UOC. Earlier he was found guilty under part 1 of article 436-2 of the Criminal Code of Ukraine (justification, recognition of lawfulness, denial of armed aggression of the Russian Federation against Ukraine), but the appeal instance revealed significant violations of the criminal procedural law. The case was sent for a new consideration to the court of first instance.

Earlier, on June 23, 2025, Radomyshl District Court sentenced Archpriest V.V. Smolinsky to 3 years of probation supervision.

According to UOC lawyer Archpriest Nikita Chekman, the appellate court found that the key evidence in the case, the court of first instance recognized the protocol of the so-called “investigative experiment”, which was actually conducted in the office of the SBU in Zhytomyr region. The panel of judges emphasized that this investigative measure was reduced to the simultaneous interrogation of three witnesses, without recreating the situation of the incident or conducting any experimental actions.

The Court of Appeal drew attention to the fact that the trial court had not properly assessed the admissibility of this evidence, despite the fact that it had been used as one of the key pieces of evidence for the conviction.

In addition, the appellate court pointed out a number of other irregularities. In particular, the evidence had not been properly evaluated in its totality, the subjective side of the criminal offense (intent and motive) had not been established, and the relationship between the defendant and witnesses had not been properly investigated.

In view of the violations committed, the judgment was quashed and the case was remanded to the first instance court for a new trial. The verdict of the appellate court entered into legal force from the moment of its proclamation.

Recall, the Security Service of Ukraine in Zhytomyr region reported suspicion of a clergyman of the Korostensk-Ovruch diocese of the Ukrainian Orthodox Church. According to the investigation, the priest told sermons in which he allegedly justified Russia’s attack on Ukraine and urged people not to respond to the slogan “Glory to Ukraine”.