UOC monastery to legally challenge Rada’s right to appeal for Tomos
Two religious communities of the UOC have brought legal claims, challenging the right of the VR to appeal to the Constantinople Patriarchate for the Tomos to the SLC.
The two new claims were filed by the communities of St. George’s Monastery of Gorodnitsa in the Zhitomir region and St. Nicholas’ Church of the Berdiansk eparchy, reports "Vesti".
“We consider the resolution (adopted on April 19, 2018) to be illegal under the following conditions… The issue on which the resolution was adopted is exclusively a matter for the Church organization and management. According to Part 3, Article 35 of the Ukrainian Constitution, the Church and religious organizations in Ukraine are separated from the state,” reads the statement of claim from St. George's Monastery.
The statement also notes that that internal order of management for the Ukrainian Church does not provide for any state participation, “nevertheless, the state, in the person of the defendant, instead of adhering to the requirements of the law and respecting the traditions and internal rules of the UOC, openly and flagrantly interferes in them”.
The statement of claim from St. Nicholas' Church offers several examples of actions from the European Court of Human Rights, in particular, “S. A. S. v. France,” in which the Court recognized the government’s right only to indirect influence on matters of religion … and only in the interests of the safety of society as a whole.
Both communities are demanding that the Rada’s resolution on the appeal to Constantinople be recognized as illegal and revoked.
As the UOJ reported, this is now the third suit being brought against the Ukrainian state, as the District Administrative Court of Kiev has also the suit of the NGO “The Rule of Law” regarding the competency of the Ukrainian authorities to interfere in the activities of the Church and religious organizations.
