Legal Dept: No Ukrainian law gives local authorities the right to ban UOC

The Legal Department of the UOC has published a statement on the illegal decisions of local authorities to ban activities of religious communities of the Ukrainian Orthodox Church.

“Since the beginning of Russia’s military invasion of Ukraine, there have been frequent cases of illegal decisions by local governments to ban or restrict the activities of religious communities of the Ukrainian Orthodox Church within their administrative-territorial boundaries, as well as demands to change subordination in favour of the newly formed religious association of the OCU,” says in the statement.

In accordance with Article 19 of the Constitution of Ukraine, "state authorities and local self-government bodies and their officials shall act only on the grounds, within the limits of authority, and in the manner prescribed by the Constitution and laws of Ukraine."

The Legal Department says that not a single law or regulatory legal act of Ukraine gives local governments the right to prohibit or interfere in the activities of religious organizations, even under martial law. And the demand by officials and local authorities to change the subordination of the UOC religious communities in favour of the newly formed OCU is an interference in the internal affairs of the religious community, which contradicts both the European Convention on Human Rights and the Constitution of Ukraine, since "the Church and religious organizations in Ukraine are separated from the state" (article 35 of the Constitution of Ukraine).

Thus, decisions to ban activities of religious communities of the UOC or to force them to "transfer" to the OCU are unlawful and have no legal force.

" On the very first day of the war, the Ukrainian Orthodox Church condemned the military aggression of the Russian Federation against Ukraine, supported the territorial integrity and independence of Ukraine and also provides assistance to defenders and displaced persons. At the same time, we draw your attention to the fact that religious people belonging to religious communities of the UOC are citizens of Ukraine, who were born and live on this land. Therefore, to forbid them to confess and pray in the faith, in which their ancestors were born and died, is a crime both before God and before the law," reads the statement.

The Legal Department of the UOC emphasizes that such decisions of local authorities to ban activities of religious communities of the UOC violate the unity of society, divide it along religious lines and have signs of subversive activities, for which there is a legal responsibility:

"In this regard, we urge local authorities not to violate the laws of Ukraine, not to prohibit and not to restrict the activities of believers and religious communities of the UOC in the right to freedom of religion, and law enforcement agencies to respond to such violations in a timely and impartial manner".

Earlier the UOJ published a statement by the Ukrainian Orthodox Church's Legal Department that the ban on the UOC will divide people inside Ukraine.

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