BATTLE FOR CHURCHES: SUPREME COURT TAKES SIDE OF P.Ts.U.
The Supreme Court issued a decision to the effect that a change in confessional affiliation of a parish entails exclusively the rights of members of the religious community and not of the ruling bishop, and therefore he does not have the right to challenge such a decision. Therefore, the Holy Presentation church of the city of Konstantinovka of Donetsk oblast remains within the PTsU [Orthodox Church of Ukraine], the attorney Sergei Zaets reports. This is related by Religiina Pravda.
"It is a great victory of the Orthodox Church of Ukraine over the Moscow patriarchate. The Supreme Court created a precedent that applies to the change of canonical affiliation of a religious community and will have a positive effect on the resolution of a large number of other cases, which are still being reviewed by the courts.
"What is most interesting is that this decision became possible only because of the application of the practice of the European Court of Human Rights regarding freedom of religious confession and the persistence of the respondent. Unfortunately, the legislation of Ukraine does not give clear instructions for such a case. But even the plaintiff was no less persistent. This lawsuit was filed after the Moscow patriarchate in 2018 had already lost in the Supreme Court another similar case (I will give details somewhat later). At the time, the decision of the Supreme Court did not close off for the plaintiff other paths in court.
"In its decision of 24 February 2021 the Supreme Court noted: 'In July 2018, Metropolitan of Gorlovka and Slaviansk Mitrofan filed a lawsuit in court in which he asked that decisions about the change of canonical subordination of a religious community be found to be invalid.' The suit pertained to the Orthodox religious community of the Holy Presentation parish of Donetsk diocese of the Ukrainian Orthodox Church of the Kiev Patriarchate (UPTsKP) of the city of Konstantinovka of Donetsk oblast.
"Metropolitan of Gorlovka and Slaviansk Mitrofan noted that there were violations of his rights as the ruling bishop of the Gorlovka diocese of the Ukrainian Orthodox Church of the Moscow Patriarchate because all decisions that are made by a parish assembly, including a change of the administrative composition of a parish and the canonical affiliation of a religious community, must be cleared with him as the ruling bishop of the Gorlovka diocese of the UPTsMP.
"The lawsuit was granted by the decision of the court of the first instance and, in essence, the parish was returned to the jurisdiction of the Moscow patriarchate. An appeals court supported this decision, unfortunately.
"However the Supreme Court overturned the decision of the lower courts and noted that the decision regarding a change in canonical affiliation affects the rights of members of the religious community exclusively, which the ruling bishop is not, and therefore he does not have the right to challenge such a decision. I congratulate the Holy Presentation church of the PTsU of the city of Konstantinovka," the lawyer noted. (tr. by PDS, posted 1 March 2021)
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