In Ternopil region, the court "returned to the state" the complex of Pochaev Holy Spirit Skete of the UOC

On August 14, 2024, the Economic Court of the Ternopil region ruled to expropriate the complex of premises of the Pochaev Holy Spirit Monastery-skeet of the Ukrainian Orthodox Church. The court ruling states that the religious buildings of the monastery, which are architectural monuments, were transferred to the Holy Spirit Pochaev Monastery of the Ukrainian Orthodox Church in violation of procedures. This is reported by the press service of the court.

It is reported that the Ternopil regional military (state) administration appealed to the Economic Court of Ternopil region with a claim to the local government to cancel the decision, cancel the certificate of ownership and cancel the state registration of rights to immovable property. Claims are justified by the fact that the defendant, by adopting a decision recognizing the right of ownership of the complex of buildings of Pochaev Holy Spirit Monastery, on the basis of which was subsequently issued a certificate of ownership and state registration of rights, violated the rights and legitimate interests of the state represented by the plaintiff.

In turn, the court ruled that decisions on the disposition of religious buildings or property are made only by regional state administrations. Local self-government bodies are not vested with any authority to dispose of religious buildings or property. Consequently, the court declared illegal and canceled the decision of the local government body to recognize the right of ownership to the complex of buildings of Pochaev Holy Spirit Monastery and canceled both the state registration of these rights and the certificate issued in confirmation thereof (Decision of the Economic Court of Ternopil region of 14.08.2024 in case No. 921/788/23).

As we reported earlier, a special commission of the Ministry of Culture and Information Policy of Ukraine has recommended that the lease agreement with the Holy Dormition Pochaev Monastery of the Ukrainian Orthodox Church be terminated in court. The reason for this decision was an earlier inspection on the territory of the monastery, which, according to the MCIP, revealed violations.