VR experts: Law 8371 lacks legal certainty
Lack of legal certainty in the law 8371 threatens the right to freedom of religion.
The Main Scientific and Expert Department of the Verkhovna Rada of Ukraine has expressed concern over the possible consequences of the adoption of Law No. 8371, which introduces a check on religious communities of the Ukrainian Orthodox Church for their ties to Russia, reports the Ukrainian Institute of Politics.
Experts point to the lack of legal certainty in the provisions of the draft law, which may affect the objectivity of religious expertise and “issuance of instructions to eliminate violations identified by the results of religious expertise” (part 1 of Article 30 of the Law in the wording of the draft).
Prescriptions for the elimination of violations should be based on clear and definite norms, as the proposed prescription is the basis for conducting “religious expert examination of the activities of religious organisations to identify subordination in canonical and organisational issues with the centres of influence of a religious organisation (association), the governing centre (management) of which is located outside Ukraine in a state that commits armed aggression against Ukraine”.
The experts draw attention to the need to clarify such concepts as “subordination in canonical issues” to avoid arbitrary interpretations and violations of religious freedoms.
They also stressed that freedom of religion cannot be restricted for the purposes of national security, according to international law.
As reported by the UOJ, Metropolitan Clement said that according to VR lawyers, Law 8371 contradicts the Constitution.
