Legal Dept.: MCIP demand for urgent eviction of UOC from Lavra groundless
The UOC's Legal Department noted that the dispute between the Reserve and the Monastery is being considered in court, so any attempts to expel the monks are illegal.
The demand of Culture Minister Oleksandr Tkachenko to evict the monks from the Kyiv-Pechersk Lavra within three days is illegal, groundless and cannot be fulfilled, stated the Legal Department of the Ukrainian Orthodox Church.
Its commentary notes that "as of today, the case is being considered in court and any action to deprive the UOC Lavra of the right to use it is unlawful".
It was reminded that the Kyiv Commercial Court is now considering a case in a lawsuit filed by the National Reserve "Kyiv-Pechersk Lavra" against the monastery to remove obstacles in the use of property, as well as a case in a lawsuit filed by the monastery against the reserve to invalidate the latter's unilateral withdrawal from the agreement under which the monastery has used the Lavra buildings and constructions since 2013. There have been no court decisions on any of the claims so far.
"The monastery did not sign the Acceptance Act and, accordingly, did not transfer the property it uses under the agreement, which is in force," UOC lawyers said. “The monastery did not receive the MCIP commission's conclusion on the acceptance and transfer of the state property of the monastery. Also, the monastery did not receive the inspection report that allegedly established violations of the terms of use of the property and did not receive the documents that served as a basis for this conclusion. The monastery has repeatedly tried to obtain this act, but the answer was that the requested information is marked "For official use" and therefore cannot be provided.”
As reported, the head of the UOC Information and Education Department, Metropolitan Clement, said that Oleksandr Tkachenko's statement "looks like a desire to make cheap PR against the threat of his dismissal”.
