UOC intends to file an appeal regarding the Assumption Cathedral in Kaniv
According to Ukrainian legislation, the decision of any commercial court is not final, so it is premature to talk about the transfer of the UOC cathedral to the state.
The Cherkasy Region Commercial Court has obliged the Kyiv Metropolis of the Ukrainian Orthodox Church to return the 12th century Assumption (St George's) Cathedral in Kaniv, Cherkasy region, to state ownership. The Kyiv Metropolis of the UOC, disagreeing with the decision, is preparing for an appeal procedure, reports the Information and Education Department with reference to the commentary of the UOC Legal Department.
The Legal Department emphasised that the decision of any commercial court is not final. According to Articles 241, 256 of the Commercial Procedural Code of Ukraine, it enters into legal force only after the expiration of the period for filing an appeal if an appeal has not been filed.
"As of today, the full text of the decision of the Economic Court of Cherkasy Oblast dated 18.03.2024 on case No. 925/1107/23 has not been compiled, it has not been published on the official portals of the Judicial Authority of Ukraine, and the parties have not received it," said the lawyers of the UOC.
This means that the relevant court decision has not even entered into legal force. Also, the Legal Department noted that they have time to appeal.
In this regard, the UOC refers to the publications on the topic of "the return of the Assumption Cathedral in the city of Kaniv to state ownership by the Prosecutor's Office" and similar conclusions as premature.
"The Kyiv Metropolis of the Ukrainian Orthodox Church, disagreeing with the decision of the Cherkasy Region Commercial Court, is preparing for the appeal procedure," the statement said.
As reported, the Cherkasy Eparchy was deprived of the land around the cathedral.
