VR Legal Department criticizes anti-Church Bill 8371
Lawyers of the Verkhovna Rada acknowledged that the term "Russian Orthodox Church in Ukraine" cannot be applied to the Ukrainian Orthodox Church.
The Legal Department of the Verkhovna Rada of Ukraine criticized bill 8371, aimed at banning the Ukrainian Orthodox Church, reports Strana.
The department experts identified several provisions of the bill that do not comply with international law or lack legal clarity. These include:
- The justification provided in the preamble of the bill—that the document is necessary for "protecting national security"—does not comply with international law, as the protection of national security cannot be a basis for restricting the right to freedom of religion;
- The law can only contain mechanisms for prohibiting a particular religious organization, not directly banning it;
- The term "Russian Orthodox Church in Ukraine" (used in the bill to refer to the UOC) does not comply with the principle of legal certainty, as no such registered organization exists in Ukraine under that name;
- Administrative courts cannot ban religious organisations; this is an improper provision of the bill. Such courts are intended to protect the rights and freedoms of individuals and legal entities from unlawful decisions by authorities. Therefore, it is more appropriate to refer cases on restriction of activities of a religious organisation to the civil courts.
As reported, on 21 May, members of the "European Solidarity" and "Holos" factions demanded that bill 8371 be put to a vote in the Verkhovna Rada and blocked the parliamentary rostrum because of the Speaker's refusal to do so.
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