UOC declares forced change of jurisdiction of its communities as illegal
By law, community membership is regulated by the will of its members and its statute, so it alone sets membership and participation requirements, as the UOC explained.
In accordance with the law, people who claim to be members of a religious community, but not included in the parish assembly, cannot be considered as its participants. This is stated in the "Clarification of the Legal Department of the UOC of the unlawful actions on the forced change of subordination of religious communities."
The Legal Department explains that the Law of Ukraine No. 2637-VIII amended the Law of Ukraine “On Freedom of Conscience and Religious Organizations” and introduced a mechanism for implementing the right to change the subordination of a religious community in organizational and canonical matters.
According to part one of Art. 8 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations”, a religious community is a local religious organization of believing citizens of the same cult, religion, trend, flow or purport, voluntarily united to jointly meet their religious needs.
According to part two of Art. 8 of the Law of Ukraine "On Freedom of Conscience and Religious Organizations", membership in a religious community is based on the principles of free will, as well as on the requirements of the statute (regulations) of a religious community. The religious community, at its discretion, accepts new and excludes existing members of the community in the manner established by its statute (provision).
Consequently, the lawyers make it clear that membership in a religious community is based on the principles of free will on the one hand, and on the statutory requirements, on the other hand.
Under such circumstances, a religious community, by setting forth relevant provisions in its own statute, has the right to independently establish the requirements for members of the religious community, as well as accept new and exclude members of the religious community in the manner prescribed by the statute.
According to the lawyers, since membership in a religious community can be determined by the provisions of the statute (requirements for community members, the procedure for accepting and excluding members), persons who are members of the religious community constitute in fact a Parish Assembly of the religious community (as the highest governing body).
Experts refer to the provisions of paragraph 3 of Section VIII of the Charter on the administration of the Ukrainian Orthodox Church, whereby the Parish Assembly includes hierarchs and clergy, founders of the parish, as well as laity, members of this parish who are regularly involved in the liturgical life of this parish, marked by Christian virtue, have come of age, not banned in the priesthood, not subject to church or criminal court of general jurisdiction.
“Given this, individuals, although they consider themselves members of the religious community, are not included in the Parish Assembly of the religious community or were excluded from the latter, cannot be considered members of the religious community as prescribed by Law No. 2637-VIII, and do not have the right to participate in the decision-making to change the subordination of the religious community in organizational and canonical matters”, summarized the Legal Department.
As the UOJ reported, previously the NGO Public Advocacy has published a legal video instruction on how to protect a temple from seizure.
In turn, the editorial board of the UOJ reminds: in case of violation of the rights of the episcopate, clergy, laity and institutions of the Ukrainian Orthodox Church (obstruction of worship, seizure of temples, commission of provocations and pressure, threats, etc.), one should immediately contact the Legal Department of the UOC by phone: 097- 537-55-96.
