The DESS explained the court's decision regarding the examination of the charter of the UOC

The State Service of Ukraine for Ethnopolitics and Freedom of Conscience (DESS) has commented on the court ruling that affected the process of recognizing the UOC’s ties with the Russian Orthodox Church. The head of the agency, Viktor Yelensky, emphasized that the court did not cancel the conclusion of the religious expertise itself, but only annulled the order to approve it due to procedural nuances. The Lb.ua news and analysis website reported the official’s words.

According to Yelenskyy, during the preparation of the expert examination, the DESS invited representatives of religious organizations to participate. However, the head of the Synodal Legal Department of the Kiev Metropolitanate of the Ukrainian Orthodox Church, Archpriest Aleksandr Bakhov, appeared at the meeting and demanded that four of the seven members of the expert group be disqualified. After the proposal to consider his application in the course of the case, the representative of the UOC allegedly refused to participate further and left the meeting. Subsequently, the Kyiv Metropolitanate of the UOC, according to Yelensky’s claims, did not provide any materials that could testify to a real severing of ties with the ROC.

The official notes that the main «procedural hook» that allowed the order to be challenged was the lack of a personalized written response to Archpriest Alexander Bakhov — the DESS published explanations about the composition of the expert group only on its official website. «The court did not cancel the conclusion of the religious studies expertise», — emphasized Victor Elensky, adding that the group included leading scientists from the Institute of Philosophy named after H.S. Skovoroda, Kyiv Shevchenko National University and Ostroh Academy.

At present, the DESS has already filed a cassation appeal against the decision of the court of appeal. The head of the agency expressed confidence in the strong legal position of the service. To correct the formal remarks of the court, the DESS intends to send an official response to the representative of the Metropolis, after which a new order will be issued to approve the conclusions of the examination, confirming the hierarchical connection of the UOC with the Moscow Patriarchate.

As a reminder, on April 6, 2026, the Sixth Administrative Court of Appeal ruled in favor of the Kyiv Metropolitanate of the Ukrainian Orthodox Church in case #320/26027/23, effectively annulling the results of the earlier religious expertise.