Will the UOC-MP be closed in Ukraine after the Rada's decision and why the debate over the law continues: explanation

On August 20, the Verkhovna Rada of Ukraine adopted a bill known as the "law banning the Moscow Patriarchate." MPs have created a legal framework to stop the activities of religious organizations affiliated with Russia, which has been waging a full-scale aggressive war against Ukraine for more than 2.5 years.

The law's adoption was preceded by many months of delays, manipulations, and pressure, including from Moscow. OBOZ.UA writes about what mechanisms the new law provides the Ukrainian state with to stop the activities of hostile centers of influence, how it will work, and whether it will put an end to the problem instead of the ellipsis that existed before.

Ban on the Moscow Patriarchate: how MPs voted

On August 20, the deputies of the Verkhovna Rada of Ukraine adopted as a whole the bill No. 8371 on the regulation of the activities of religious organizations that have their governing center in Russia. 265 MPs are convinced that such organizations should either sever ties with the aggressor state or cease their activities in Ukraine, as provided for in the document.

At the same time, 29 MPs, including the almost entire Platform for Life and Peace parliamentary group, as well as four representatives of the Servant of the People party, seven members of the Renaissance of Ukraine party, and one non-partisan MP, opposed the ban.

Several other MPs abstained from voting.

However, this "demarche" did not affect the voting results, and the law was passed. The law will come into force 30 days after it is signed by President Volodymyr Zelenskyy and published in the Voice of Ukraine.

What does the law provide for?

The new law aims to make it impossible for churches controlled from Moscow to operate in Ukraine. First and foremost, it concerns the UOC-MP, whose representatives deny any dependence on the aggressor state.

According to the law, religious organizations suspected of collaborating with the Russian Orthodox Church will be examined by an expert commission, which is to be established by the State Service of Ukraine for Ethnic Policy and Freedom of Conscience (SESS).

If the newly created commission records violations, the State Service will be able to issue an order to the church to remedy the situation.

At the same time, as the speaker of the Verkhovna Rada, Ruslan Stefanchuk, noted during the telethon, religious organizations will be given 9 months to "think" and break ties with Russia after the commission's decision. If the organization does nothing, the State Emergency Service will be able to file a lawsuit against the legal entity in question. And the court will have the right to decide on a ban.

How will the law work – and will it work?

As MP Mykyta Poturaiev, co-author and one of the drivers of the law, head of the Parliamentary Committee on Humanitarian Policy, explained to Ukrinform, there are several ways to launch the procedure for terminating the activities of a Moscow-linked religious organization, according to the adopted law.

"The procedure for terminating an organization (there is such a legal term as 'termination of an organization') has not changed since the registration of the first draft law. The State Service for Ethnic Policy and Freedom of Conscience (SESS) can initiate the termination of an organization itself. It can initiate it at the request of state authorities, including law enforcement. Local governments and public associations can apply to the SES. The basis for the appeal may be factual material in the media. The above-mentioned bodies apply to the SES, which may initiate an investigation. The purpose of the investigation is to identify or not to identify ties with the aggressor country and to find out whether the church was engaged in spreading propaganda of the Russian world. This is if we are talking about how to ban it," he said.

Poturaev added that the next step after the adoption of the law should be the creation of a regulatory framework for its application. According to the new bylaws, a special commission should be created, which will be registered by the Ministry of Justice and approved by the Cabinet of Ministers.

"If the commission finds a violation, it gives 60 days to correct it. Either they correct the violations or appeal the order under the administrative procedure. The administrative procedure is still in effect, and we will pass a law on it by the end of September (this is our obligation to the EU). If the SES refuses and the order remains unfulfilled, the SES Commission goes to court. And they say, "Here is the commission's decision, we ask you to terminate the organization. This is the procedure for liquidating structures. It is civilized, democratic, and based on our legislation. However, if there is a court verdict against one of the leaders of a religious organization that has entered into force for crimes against national security, then the SBU law enforcement officers inform the State Department of Religious Freedom that a verdict has entered into force against such a person, and the State Department of Religious Freedom goes to court with the materials and a request for a decision to terminate this religious organization. That is, if the heads of religious communities, rectors, hierarchs have been convicted of high treason, the State Emergency Service should go to court to deregister the legal entities they head," the MP emphasized.

He emphasized that the judicial part will start working 9 months after the law comes into force: this includes, in particular, three months for the creation of the regulatory framework, a month for the formation of the commission, and another month for research after its formation. Another two months were allocated for the execution of the order.

"That is, it takes 9 months to start the court procedure, and all the preparatory work comes into force immediately after the law is adopted. But even after the termination of activities, members of the organization have the right to establish a new one, which will no longer be associated with the center in the aggressor country," Poturayev said.

At the same time, he added that the law contains a direct rule banning only the Russian Orthodox Church. Ukrainian religious organizations are only obliged to cease communication with it, and then after research, instructions, and, in case of non-compliance, it is the turn of the court. That is, the MP emphasized, all the rights and requirements of the law are respected, so the rumors about the condemnation of such a ban by our country's Western partners are "greatly exaggerated."

In particular, Poturayev recalled two articles of the Human Rights Convention (9 and 11) and those related to religious organizations and public organizations, postulating the rights of both, the second part of which states that rights can be restricted if they violate the rights of others.

"The 'ban' law is not about faith or religion, it is about administrative relations. We say the UOC: The ROC is a criminal. Cut off your ties with them, and if you don't, there will be sanctions. However, there will be no restrictions on Ukrainian citizens if they comply with the regulations," the MP emphasized.

A long history of adoption

The approval of the draft law was preceded by a rather long history. Developed by the government pursuant to a decision of the National Security and Defense Council in January 2023 and registered in parliament at the same time, it was awaiting consideration in the first reading until October 19, 2023. This was followed by another many-month pause, during which the draft law was not submitted for a second reading.

On March 5, 2024, the Verkhovna Rada Committee on Humanitarian and Information Policy recommended that the parliament adopt the bill in the second reading, and on May 21, after European Solidarity MPs blocked the rostrum with a demand to submit the document for consideration, the MPs agreed at the conciliation board that this would be done after collecting 226 signatures for consideration. Stefanchuk explained this as a need to make sure that the bill would not be voted down.

What supporters and opponents of the ban say

While Russia is shouting from the rooftops about the "Satanist attack on the only canonical Orthodox Church" in Ukraine, the biggest opponent of the ban in the country, which is quite logical, is the UOC-MP itself.

Representatives of this religious organization call it a "violation of human rights and persecution of the church." The UOC-MP also categorically denies its dependence on Moscow, stating that it has been an independent church since May 2022, even though in December 2022, a special expert commission of the State Expert Commission officially established the UOC's connection with the Moscow Patriarchate.

The UOC has repeatedly promised to challenge the law in court if it is fully adopted.

"The UOC has always acted within the legal framework. If this legal framework gives it the opportunity to challenge things that violate the rights and freedoms of Ukrainian citizens, the ability to freely practice religion, violate freedom of conscience, then of course everything should be done to defend the fundamental, constitutional right to freedom of conscience and religious belief in a legal way," Metropolitan Klyment of the UOC-MP said in a commentary to Suspilne.

Meanwhile, a few days before the vote, Zelensky addressed the Council of Churches and Religious Organizations to discuss the potential ban of the UOC-MP. After that, the All-Ukrainian Council of Churches issued a statement supporting the ban on relations with the ROC and condemning the activities of the ROC, which has become "an accomplice to the bloody crimes of the Russian invaders against humanity."

In addition, the Primate of the Orthodox Church of Ukraine (OCU), Epifaniy, called on the Primate of the UOC of the Moscow Patriarchate, Onufriy, to start a dialogue on unification.

Throughout the saga of the bill to ban the UOC-MP, social surveys have consistently shown that Ukrainian society overwhelmingly supports the termination of the activities of religious organizations dependent on Moscow with the UOC-MP at the helm. At least 65% of Ukrainians, according to various polls, supported the state ban on this organization, and about 85% were in favor of "significant interference" in its activities.

These sentiments resulted in bans on the UOC-MP at the local level. Since November 2022, local councils of various levels have begun to ban the UOC-MP from their territory and terminate agreements for the use of church buildings. The number of such bans has exceeded two dozen in a year.

Now, under these public sentiments and local decisions, a legislative "foundation" has finally appeared.

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