The norms of the law No. 8371 do not comply with the Constitution, - ex-ombudsman of Ukraine on the ban of the Ukrainian Orthodox Church

The former Ukrainian parliamentary commissioner for human rights (2012-2018), Honored Lawyer of Ukraine Valeriya Lutkovska has commented on draft law No 8371 aimed at banning the Ukrainian Orthodox Church. The former ombudsman believes that the norms of the said law do not comply with the Constitution of Ukraine and can clearly be regarded as a violation of human rights to freedom of conscience. About this she told in an interview with the publication “Comments”.

“Let’s analyze the draft Law No. 8371 and the Constitution of Ukraine. And I propose to start with the Basic Law of Ukraine. In particular, part one of Article 35 of the Constitution defines what religious freedom is: “Everyone has the right to freedom of worldview and religion. This right includes the freedom to profess any religion or not to profess any religion, to freely practice religious cults and ritual ceremonies individually or collectively, and to conduct religious activities”. Part two of the same article establishes that this right is not absolute, i.e. it may be subject to justified interference by the state: “The exercise of this right may be restricted by law only in the interests of protecting public order, public health and morals or protecting the rights and freedoms of others,” – Lutkovskaya said.

The ex-ombudsman added that the state has no right to interfere in the affairs of the Church under the pretext of “threat to national security.” Valeria Lutkovskaya believes that such ways to limit freedom of conscience are a violation of human rights.

“The first thing that strikes the eye is the presence, on the one hand, the reference to Article 35 of the Constitution, and on the other hand, the expansion of the provisions of the Constitution. The Constitution of Ukraine does not contain the right of the state to interfere with religious freedom in the interests of national security! By the way, just as part two of Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms does not contain such a right. Is such an expansion of the grounds for interference a violation of constitutional rights? Yes, unambiguously. The preamble of the Draft Law, which should determine further legal regulation, cannot contain a norm that does not comply with the Constitution of Ukraine, although it refers to it. This example is only one, the first, which catches the eye before a thorough analysis, but clearly enough demonstrates what manipulation will take place in the future text,” – Lutkovska summarized.

We shall remind you that political scientist and head of the Center for the Development of Local Self-Government and Local Initiatives “Third Sector” Andriy Zolotaryov commented on the possible consequences that await Ukraine in case of adoption of the bill No. 8371, aimed at banning the Ukrainian Orthodox Church. Zolotaryov believes that if the law is passed, the state will face serious difficulties due to the non-acceptance of its provisions by its Western partners.