Appeals Court overturns DESS “expert review” of UOC statute

Supreme Court of Ukraine. Photo: transexpo

On April 6, 2026, the Sixth Administrative Court of Appeal issued a ruling overturning the conclusion of the religious-studies “expert review” of the UOC statute in case No. 320/26027/23, the Information and Education Department of the UOC reported.

The appellate court partially upheld the complaint filed by the Kyiv Metropolia of the Ukrainian Orthodox Church, overturned the first-instance court’s decision, and found the plaintiff’s key arguments justified.

The ruling points to unlawful inaction by the State Service of Ukraine for Ethnopolitics and Freedom of Conscience (DESS), which failed to consider the UOC’s motion to recuse members of the expert group and issue a decision on it.

The court stressed that this procedural violation was substantial and called into question the impartiality of the expert review.

It further noted that the absence of a clearly defined procedure does not relieve a state body of its duty to ensure fairness. The court therefore concluded that the entire review procedure was defective.

The appellate court also found the actions of DESS head Viktor Yelensky unlawful for approving the conclusion while the recusal motion remained unexamined.

The key outcome was the court’s recognition as unlawful, and cancellation, of the DESS order of January 27, 2023, which had approved the expert review’s conclusion.

Thus, the court confirmed that the religious-studies review of the UOC statute had been conducted with substantial violations affecting its legality and results.

The ruling entered into force upon its adoption.

As previously reported by the UOJ, the appellate hearing in the case concerning the termination of the Kyiv Metropolia of the UOC has been scheduled for May 19, 2026, in Kyiv. The court will consider an appeal against the liquidation ruling issued in response to a lawsuit by the State Service for Ethnopolitics and Freedom of Conscience, which seeks the forced termination of the religious organization’s activities.

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