UOC lawyer explains why Kyiv Regional Council’s decision is unlawful

UOC lawyer Archpriest Mykyta Chekman. Photo: Chekman's Facebook

Archpriest Mykyta Chekman, a lawyer for the Ukrainian Orthodox Church, said the Kyiv Regional Council’s decision requiring local authorities to facilitate the transfer of UOC communities to the OCU shows clear signs of unlawfulness.

According to Fr. Mykyta, the council exceeded its authority by adopting a measure that effectively obliges local authorities to facilitate the transfer of UOC communities to the OCU.

He pointed to Article 19 of the Constitution of Ukraine, which requires local self-government bodies to act strictly within the powers defined by law. The law “On Local Self-Government in Ukraine,” he noted, does not grant regional councils the authority to influence the canonical jurisdiction of religious communities.

The resolution, he argued, also contradicts Article 35 of the Constitution, which guarantees the separation of Church and state. The state is required to maintain neutrality and has no right to encourage communities to change ecclesiastical affiliation or interfere in their internal decisions.

Fr. Mykyta further emphasized that religious communities in the Kyiv region are independent legal entities and determine their canonical subordination in accordance with their own statutes. Any form of administrative “support” from the regional council in this process, he said, amounts to interference in their autonomy.

He also drew attention to the fact that the issue of the Kyiv Metropolis’s alleged affiliation as a legal entity is currently being challenged in court. Until a final ruling is issued, he argued, referring to the disputed administrative act as an established fact is “premature and legally vulnerable.”

Following the official publication of the resolution, Archpriest Mykyta Chekman said he would provide a full legal assessment of the document and initiate an appeal procedure.

Earlier, the UOJ reported that the Kyiv Regional Council had called on authorities to assist in transferring UOC communities to the OCU.

Read also

DESS experts are publicly linked to OCU – legal scholar

Professor of law Dmytro Vovk noted that DESS experts operate “from the orbit of a competing enterprise,” violating the principle of impartiality.

In Kyiv, fines for destruction of architectural monuments to be increased

The authorities acknowledged that the current sanctions do not stop developers from destroying the cultural heritage of the capital.

UOC monk detained by police in Zhytomyr region, handed over to draft office

Police reportedly used force during the detention of a hieromonk of the Zhytomyr Eparchy of the UOC.

In Munich, 100th anniversary of German Diocese of ROCOR prayerfully celebrated

A solemn Liturgy with the participation of hierarchs and guests from other Churches was held at the Cathedral of the New Martyrs of Russia.

20 tons of humanitarian aid from Germany delivered to Khmelnytskyi Eparchy

With the support of a German-Ukrainian volunteer organization, medications, clothing, and footwear for those in need were delivered to Khmelnytskyi.

In Kyiv, TRC detains archimandrite of Kyiv-Pechersk Lavra

TRC officers have detained Lavra Archimandrite Theophil (Koshovenko).