Court dismisses UOC-MP's claim for eviction from Kyiv-Pechersk Lavra

Nadiya Danyshchuk

30.03.2023 20:1130.03.2023 20:11

Court dismisses UOC-MP's claim for eviction from Kyiv-Pechersk Lavra

The Kyiv Commercial Court has refused to secure the claim of the Ukrainian Orthodox Church (Moscow Patriarchate) against the Kyiv-Pechersk Lavra National Reserve to invalidate the unilateral termination of the agreement on the free use of religious buildings and other property.

This was announced by the Minister of Culture and Information Policy of Ukraine Oleksandr Tkachenko on his Telegram channel, publishing the court decision of March 28. The UOC-MP wanted the court to invalidate the decision of the reserve to terminate the agreement on the use of the buildings and facilities of the Lavra and to continue its stay there.

Since the court did not satisfy the UOC-MP's application, its representatives have no legal grounds to stay on the territory of the monastery.

Tkachenko said that the management of the Lavra's property has now been transferred to the state. The government has invalidated the Yanukovych-era order to transfer the monastery's facilities to the UOC-MP.

"The government has just recognised as invalid the order of the Cabinet of Ministers of Ukraine of July 11, 2013, no. No. 519 "On the transfer of buildings and structures to the Holy Dormition Kyiv-Pechersk Lavra ( a men's monastery) of the Ukrainian Orthodox Church for free use".

By a number of legal decisions, the management of the Lavra's property was transferred to the state, as the state is the owner of these facilities," the minister wrote.

Earlier this month, the Kyiv Cave Monastery Reserve announced the unilateral termination of the agreement with the UOC (MP) on the lease of the territory and buildings effective from March 29. The Ministry of Culture demands that representatives of the UOC vacate the buildings on the reserve's balance sheet. This, in particular, concerns the Lower Lavra, where the monastery is located.

As reported by OBOZREVATEL:

On March 10, the Kyiv-Pechersk Lavra National Reserve announced the termination of the lease agreement with the UOC-MP monastery. Its representatives are to leave the territory of the Kyiv-Cave Monastery by March 29.
Since March 21, monks and believers of the Ukrainian Orthodox Church of the Moscow Patriarchate have been banned from entering the caves of the Kyiv Cave Monastery. It is explained that a commission of the Ministry of Culture is assessing the state of preservation of cultural property.
On March 20, members of the Synod of the Ukrainian Orthodox Church of the Moscow Patriarchate came to the President's Office. They announced their intention to meet with Volodymyr Zelenskyy to "convey their position to the state leadership".
Metropolitan Epifaniy, the head of the All-Ukrainian Central Committee, addressed the brethren of the Kyiv-Pechersk Holy Dormition Lavra and the public. He called for assistance in the process of liberating the monastery complex "from the Moscow yoke" and assured them that they would be protected from intimidation by the current head of the Lavra.
On March 29, the head of the Orthodox Church of Ukraine (OCU), Metropolitan Epifaniy, appointed an acting abbot of the Holy Dormition Kyiv-Pechersk Lavra. He has appointed Archimandrite Abraham (Lotysh) of the UOC-MP as a member of the Spiritual Council of the Lavra.
Earlier in the day, Metropolitan Pavlo, bishop of the Ukrainian Orthodox Church of the Moscow Patriarchate and abbot of the Holy Dormition Kyiv-Pechersk Lavra, said that representatives of the UOC-MP do not intend to leave the Kyiv-Pechersk Lavra. According to him, the Russian church's ministers allegedly have a legal right to stay in the monastery.