Lawyers: Bill banning UOC contradicts the Constitution and European norms

Verkhovna Rada of Ukraine. Photo: uinfo.org

The draft law No. 8371, which was passed in the first reading by the Verkhovna Rada and aimed at prohibiting the Ukrainian Orthodox Church (UOC), does not comply with the European Convention on Human Rights and the Constitution of Ukraine, according to the UOC's Legal Department.

In their comments, the Legal Department emphasizes that, for the final adoption of this document, it must pass a second reading. Therefore, it remains a draft law and needs to be revised since it infringes on the right to freedom of religion and contains significant legal flaws.

"Draft law No. 8371, which, as noted, prohibits the activities of religious organizations associated with an aggressor state, essentially targets the UOC and violates the right to religious freedom of Ukrainian citizens belonging to the UOC," the legal experts noted. "While the draft law itself does not mention the UOC, its origin (National Security and Defense Council's decision regarding the UOC), media and political coverage indicates that this law will be applied to the UOC, which is, in fact, an independent and self-governing Church. They are deliberately trying to cast it as the Russian Orthodox Church and label its clergy and believers, who are Ukrainian citizens, as the RF's agents."

The Legal Department points out that the justification for the necessity of adopting the draft law refers to a "religious studies expertise," which does not have a legal nature, and criminal proceedings against UOC representatives, who allegedly pose a threat to national security.

"In reality, this draft law does not comply with the European Convention on Human Rights and the Constitution of Ukraine (Article 35) because neither of these documents provides for the possibility of prohibiting the right to freedom of religion. Such a right may only be restricted, and only in the interests of maintaining public order, health, and morality, or protecting the rights and freedoms of other people," the legal experts explain.

They emphasize that neither the DESS-conducted “religious expertise” nor the criminal proceedings referred to by the authors of the bill “are the basis not only for a ban but also for restricting the right to freedom of religion.”

In their view, the adoption of the draft law will indicate "disregard for the rights and freedoms of humans, for which our state is also fighting."

As reported by the UOJ, Member of Parliament Artem Dmytruk stated that the UOC ban is beneficial for Putin, and those who voted for the draft law No. 8371 are working against Ukraine instead of uniting during wartime.

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