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.

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