Verdict against UOC priest in “justifying Russian aggression” case overturned
Zhytomyr Court of Appeals. Photo: sud.ua
On February 5, 2026, the Zhytomyr Court of Appeal overturned the decision of the Radomyshl District Court of the region, which had previously found a cleric of the Ovruch Eparchy of the UOC, Archpriest Vladyslav Smolynskyi, guilty under Part 1 of Article 436-2 of Ukraine’s Criminal Code (“Justification of the armed aggression of the Russian Federation against Ukraine”). This was reported on his Telegram channel by UOC lawyer Archpriest Nykyta Chekman.
The appellate instance identified significant violations of criminal procedural law. Among them was the trial court’s acceptance as evidence of a “investigative experiment” protocol that had been conducted in an office of the Security Service of Ukraine in the Zhytomyr Region.
“At the same time, this investigative action in fact amounted to a simultaneous interrogation of three witnesses, without recreating the circumstances of the incident or carrying out any experimental actions,” Archpriest Nykyta said.
The panel of judges noted that the court of first instance had not assessed the admissibility of this piece of evidence and had also failed to establish the subjective element of the alleged crime – intent and motive.
In addition, the first-instance court did not examine the relationships between the defendant and the witnesses, which, in the view of the appellate court, led to the conclusion that the case must be reconsidered.
The decision of the Zhytomyr Court of Appeal entered into legal force from the moment it was announced. Consideration of the case on the merits will be conducted again in the Radomyshl District Court.
As the UOJ previously reported, a court earlier annulled the UOC’s ownership rights to the St. Basil Monastery in Ovruch.
Read also
At the Zimne Monastery, an event was held in support of families of fallen soldiers
The Holy Dormition Monastery in Volhynia hosted an event to support mothers and loved ones of servicemen killed in the war.
Great schema tonsure performed in Mohyliv-Podilskyi Eparchy
The rite of tonsure into the great schema at St. Paraskeva Church in Mohyliv-Podilskyi was performed by the secretary of the Vinnytsia Eparchy.
UOC’s Myltsi monastery brethren appeal to U.S. authorities for protection
The monks of the St. Nicholas Monastery in Volhynia are asking J.D. Vance and Anna Paulina Luna to defend their rights and help prevent their possible eviction.
Teen who set fire to synagogue sentenced in Kryvyi Rih
A court sentenced a minor to two years of probation supervision after he admitted guilt and compensated for damages caused by the arson of a synagogue building.
"KyivPride" organizers announced dates for holding LGBT march in capital
Activists plan to hold mass events in June 2026.
Monastic tonsures performed at Kyiv Theological Academy
The Rector of the Kyiv Theological Schools, Archbishop Sylvester, tonsured four students of the academy and seminary into monasticism.