UPC Defense Called Yelensky's Statements a Discrediting of the Right to Trial
Lawyers stated that Yelensky's accusations are evaluative in nature and called his rhetoric incompatible with the rule of law principle.
Lawyers of the Kyiv Metropolis of the UPC have refuted the statements made by the head of the SSENP Viktor Yelensky. The defense considers his public statements an attempt to obstruct the lawful professional activities of lawyers.
The reason for the lawyers' appeal was the official's claims that the lawsuits filed by the Kyiv Metropolis and the activities of its lawyers are allegedly aimed exclusively at maintaining ties with the Moscow Patriarchate. The lawyers emphasized that such statements are not supported by facts and constitute direct pressure on the judiciary.
«The assertions that all lawsuits of the Kyiv Metropolis, the activities of its lawyers, and international legal communication are carried out "solely to remain part of the Russian Orthodox Church" are groundless, unsupported by any evidence, and discredit the right to judicial protection guaranteed by the Constitution of Ukraine», — the lawyers stated.
The lawyers recalled that at present eight separate court cases are being examined on the basis of the Kyiv Metropolis's claims, in which the SSENP acts as a defendant or a third party. Within the framework of these proceedings, the defense is challenging the legality of seven orders issued by the state service and demanding their review by an independent court.
The lawyers note that the court appeals are aimed exclusively at monitoring the lawfulness of officials' actions and the compliance of their decisions with legislation.
The defense expressed particular concern that Viktor Yelensky is attempting to present his agency's position as an already established fact, even though the courts are still examining the circumstances. In the lawyers' opinion, this creates a false public perception of the legality of the SSENP's decisions before the completion of their legal review, which is incompatible with the rule of law principle.
The accusations that the metropolis's lawyers are allegedly acting in the interests of the ROC or are participating in the discrediting of Ukraine were described by the lawyers as «evaluative». The lawyers emphasized that such statements effectively constitute obstruction of their professional activities and the fulfillment of their constitutional duty.
«The final legal assessment of the lawfulness of the SSENP's actions and decisions will be given exclusively by an independent and impartial court», — the defense representatives concluded. They called on civil servants to refrain from attempting to influence public perception of the court proceedings in which the examination of disputes is still ongoing.
As the SPJ reported, Yelensky announced new inspections for affiliation with the ROC following Pochaiv.
