UOC lawyer calls Kyiv Regional Council's decision to transfer communities to OCU illegal

The lawyer of the Ukrainian Orthodox Church (UOC), Archpriest Mykyta Chekman, said that the decision of the Kyiv Regional Council, which obliges local authorities to facilitate the transition of UOC communities to the OCU, has signs of illegality. According to him, the regional council exceeded its authority and violated basic constitutional principles, including the separation of church and state and the autonomy of religious communities.

Archpriest Mykyta Chekman emphasized that the Kyiv Regional Council, calling for a change in the subordination of religious communities, went beyond its competence. According to Article 19 of the Constitution of Ukraine, local governments are obliged to act exclusively within the powers defined by law. At the same time, the law “On Local Self-Government in Ukraine” does not give the regional council the right to influence the canonical subordination of religious communities.

In addition, the UOC lawyer pointed to a violation of Article 35 of the Constitution, which guarantees the separation of church and state. The state, according to Chekman, must remain neutral and has no right to encourage or force a change in the subordination of communities, as well as interfere in their internal decisions. Any administrative “support” of such processes by the council is a direct interference with the autonomy of religious organizations.

Archpriest Mykyta Chekman also reminded that religious communities in the Kyiv region are independent legal entities and determine their canonical subordination in accordance with their own charters. He also drew attention to the fact that the issue of the Kyiv Metropolitanate’s affiliation as a legal entity is currently being challenged in court. Before the final decision is made, he believes that it is “premature and legally vulnerable” to refer to the disputed administrative act as an established fact. The UOC lawyer promised to give a full legal assessment of the document after its official publication and initiate an appeal procedure.

Earlier, the Kyiv Regional Council adopted a decision aimed at liquidating the communities of the Ukrainian Orthodox Church in the region. This decision was made in the context of existing legislation that prohibits the activities of religious organizations affiliated with the Russian Orthodox Church. Thus, the Kyiv Regional Council undertakes to facilitate the so-called transitions of UOC communities to the OCU in every possible way.