The court of appeal has effectively halted the process of banning the UOC by overturning the conclusion of the State Service for Ethnic Policy’s religious expert review, which had found ties between the Ukrainian Orthodox Church and the Russian Orthodox Church, the UOC said.
The court ruled that it was a violation that the UOC’s motion to recuse members of the expert group had not been considered. The decision states: “To recognise as unlawful the actions of the head of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience, Viktor Yelenskyi, in approving the Conclusion… while the unresolved motion… for recusal remained pending…. To recognise as unlawful and annul the order of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience dated January 27, 2023 No. N-8/11…”. The court also ordered the State Service for Ethnic Policy to conduct a repeat review of the UOC charter.
It was precisely on the basis of that conclusion that the agency had earlier launched the procedure to ban the UOC in Ukraine. After it was overturned by the court—and the appellate ruling takes effect immediately—that process has in effect been suspended.
The UOC claims that the State Service for Ethnic Policy prepared its conclusion on the basis of Russian, rather than Ukrainian, documents.