UOC Law Department comments on quarantine tightening
The Legal Department of the UOC reminded that it is necessary to prevent crowds and monitor compliance with the relevant sanitary and anti-epidemic measures.
The Legal Department of the UOC commented on the Cabinet of Ministers’ Resolution "On preventing the spread of acute respiratory illness COVID-19 caused by the SARS-CoV-2 coronavirus in Ukraine" of April 2, 2020, in order to strengthen restrictions during quarantine.
The commentary says that under the decree, “law enforcers and representatives of local authorities demanded that the clergy of the UOC cease to worship in churches, referring to paragraph 2 of subparagraph 7 of the Resolution, which prohibits “the holding of all mass (cultural, entertainment, sports, social, religious, advertising and other) events, except for events necessary to ensure the work of public authorities ...”
However, the UOC Legal Department notes that “for such reasons, one cannot agree to the demand for termination of worship in churches,” since “a mass event or a mass religious event is primarily determined by the participation of a significant number of citizens.”
Therefore, the UOC believes that “the requirement of paragraph 2 of subparagraph 7 of the Resolution can be fulfilled by restricting the presence of a significant number of people in the church without prohibiting worship. In addition, this Resolution does not foresee the closure of churches.”
The Legal Department recalled that "a similar position was voiced on April 4, 2020 by the head of the National Police of Ukraine Igor Klimenko during the meeting with members of the All-Ukrainian Council of Churches and Religious Organizations." However, from April 6, the police will ensure that there are no crowds in temples and near temples.
Thus, the commentary says, "the temples of the Ukrainian Orthodox Church are open today, divine services are held behind closed doors with the minimum number of persons required to perform statutory services."
During non-service days, people can attend the temple, “therefore, it is necessary to prevent crowds and monitor compliance with the relevant sanitary and anti-epidemic measures. Any congestion in the temple or in the churchyard will be regarded by law enforcement authorities as a violation of quarantine rules.”
The Legal Department drew attention to the fact that “for violation of quarantine rules, a fine of UAH 17 thousand to UAH 34 thousand is envisaged, and if sanitary rules and norms for the prevention of infectious diseases are violated, citizens can also be prosecuted.”
Also, the UOJ emphasized that “the ban on the movement of more than two people (starting from April 6, 2020) concerns cases when people are in the church, which is unacceptable, because this rule applies exclusively to the outdoor movement of citizens."
The Legal Department also asked to contact the hot line of the UOC Legal Department by phone (097) 537-55-96 in cases where local restrictions or other understanding of the Cabinet’s Resolution may apply, which could lead to a violation of the rights of believers and religious communities of the UOC.
Earlier, the UOJ wrote that the head of the National Police of Ukraine, Igor Klimenko, said that during the coronavirus quarantine days, worship in churches in compliance with all necessary sanitary and quarantine standards and the participation of no more than 10 people is not prohibited.
