Norwegian organization Forum 18 criticizes Ukrainian law No. 3894

01 October 13:06
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A rally against the UOC. Photo: Ukrainian photo A rally against the UOC. Photo: Ukrainian photo

Analysts believe that law No. 3894-IX excessively expands the powers of the state to control religious communities, violating the principles of international law on freedom of religion.

The Norwegian organization Forum 18 has criticized Ukrainian law No. 3894-IX, which bans the activities of the Russian Orthodox Church and its affiliated religious organizations in Ukraine, including the Ukrainian Orthodox Church (UOC). In its analysis, Forum 18, which aims to defend religious freedom, highlighted several key points of concern about the law. The analysis was cited by "Christians Against War."

The main points of criticism are as follows:

  1. Lack of necessity for proof of illegal activity: The law allows for the prohibition of any religious organization associated in any form with the Russian Orthodox Church (ROC) without the need for evidence of illegal behavior. This approach violates international human rights standards to the effect that punishments should be imposed only for specific illegal actions, not based on presumed affiliations.
  2. Vagueness of terminology: Forum 18 emphasizes that the law contains vague terms such as "influence" and "blessing", allowing the state to interpret and apply it arbitrarily. This poses a risk to many religious communities that could be banned without clear justification.
  3. Complications for the UOC to prove independence: Despite the UOC declaring its independence from the ROC in May 2022, the law makes this independence legally unrecognized. Any action by Moscow Patriarch Kirill, interpreted as a "blessing", could be used to ban a community, even if it claims autocephaly.
  4. Inability of the UOC to avoid liquidation: The organization notes that even if the UOC officially declares its autocephaly, it may not be enough to prevent its communities from being banned.
  5. Leeway for abuse: The law contains too many vague provisions, which could lead to arbitrary decisions to ban religious organizations.

Thus, Forum 18 argues that law No. 3894-IX excessively expands the state's control over religious communities, violating international principles of freedom of religion and posing a threat to Ukrainian religious organizations, which may be unjustly banned.

As previously reported by the Union of Orthodox Journalists, a national audit of UOC property was initiated by the State Service of Ukraine for Ethnopolitcs and Freedom of Conscience (DESS).

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