"Ми не КНДР, щоб поліцейськими операціями позбавляти людей права молитися",Єленський about ДЕСС with УПЦ МП
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The head of ДЕСС Віктор Єленський spoke about the prescription of Київській Митрополії, judicial delays, Lavra and why the law banning РПЦ affiliates considers balanced
Kyiv Metropolia УПЦ refused to comply with the order of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience regarding the severance of ties with РПЦ. Now the case is in the courts, and the lawyers of the Metropolia, according to the Head of the Service Віктора Єленського, do everything to make the process last as long as possible.
In an interview with Espreso, he said that he really requires a prescription, why its content is silent in the УПЦ itself, how the transition to ПЦУ continues and whether the current law is enough to overcome the threats posed by РПЦ.
"Переходи до ПЦУ не зупинилися"
Пане Вікторе, what is the situation with УПЦ МП now? Transitions to ПЦУ seem to have almost stopped, and unpleasant news about УПЦ activities appears in the information space.
I will start with the transitions: they did not stop. Just because of the great legal tension, when they are very often challenged, special attention is paid to the legal integrity of the process.
Recently, our employee was in one large village in Chernihiv region, where such a transition took place, and testified that the decision to move the community was almost unanimous, and the transition itself took place without any problems.
With regard to УПЦ. In Ukraine, church associations are not legal entities: neither УПЦ, nor ПЦУ, nor УГКЦ. A legal entity is their center. In the case of УПЦ, this is the Kyiv Metropolia.
ДЕСС has investigated whether УПЦ has affiliation with the banned РПЦ in Ukraine. We have established what is, and sent a decree to the Kyiv Metropolia to eliminate violations of the law on freedom of conscience and religious organizations. It has four points.
First: to decide on the withdrawal of all parishes, dioceses, monasteries, educational institutions, fraternities, sororities and missions from the composition РПЦ. Second: the Primate, Metropolitan of Kiev, must publicly declare disagreement with the appointment to the Holy Synod РПЦ, that is, to leave the synod. Third: to recognize for themselves the statute is invalid РПЦ. There is a separate chapter "Українська православна церква"which subdues УПЦ Moscow Patriarchate. Bishops voted for this charter УПЦ the Council of Bishops РПЦ UW 2017 Fourth: not to recognize the annexation of dioceses in the occupied territories.
РПЦ annexed eight dioceses in the Crimea and in the east and south of Ukraine and transferred them under direct subordination to itself. Those who resisted were punished, sometimes very cruelly. Священика Костянтина Максимова from Tokmak was sentenced to 14 years of imprisonment for refusing to go under the direct subordination of Patriarch Kirill, to be sentenced.
Denial and Silence
photo: social networks
How did the Kyiv Metropolia react to the order?
Refuses to perform. The objection does not explain why it cannot withdraw from the Holy Synod or declare the statute invalid. There are only general things that do not apply to a specific ordinance.
In addition, УПЦ management hides the content of the injunction not only from the laity, but also from the clergy. I am sure that 99% of people do not know what it is about. That is, the manager of УПЦ in Sunday sermon called it an ultimatum that "зрадити Христа". My attempts to speak to the clergy or diocesan congregations do not want to be successful.
Meanwhile, lawyers УПЦ appeal both the injunction and our orders, and at the same time they try to prevent the consideration of the case on the merits. After all, when considering the issue in court, in essence, it would be necessary to explain why the leadership of the metropolitanate does not want to fulfill the injunction and why it prefers to remain in the Moscow Patriarchate.
And according to the law, if the injunction is not fulfilled, ДЕСС is obliged to immediately file a lawsuit to terminate the organization, that is, the Kyiv Metropolia.
A court that does not hurry
So, the trial is stuck on a trial level?
Not stuck, but the lawyers of the Metropolitan Police act to delay it. This is my assessment: sometimes such actions are bordered by the abuse of justice.
For example, they involve as a third party people who call themselves believers of УПЦ. They are sent a template statement, they go to court, and the judge reads hundreds of names. Then asks our lawyers, do they not object to their participation? We are not sure that it is really true without УПЦ, and, to put it mildly, they are not sure.
How long can it last?
Our proceedings, in my opinion, are not quick. Let us recall: in the eighth convocation, one MP was put forward a suspicion, and the verdict came into force only ten years later. Such cases, unfortunately, occur.
But this is not an excuse to abandon the tools available. Our goal is for УПЦ to withdraw from the Moscow Patriarchate, which is a party to the war against Ukraine. It is said that it is "надихає" and "благословляє". No, it is directly a participant in this war.
But when can this happen?
No one can appreciate this. We cannot predict how long the process will last.
Why are the transitions being challenged?
What about transitions to ПЦУ? What is the difficulty?
Again, it is about the procedure. Only in Vinnytsia region there were more than a hundred legal proceedings regarding transfers: they challenge, for example, the way the meeting is convened or their progress. The law says that the hromada determines its jurisdiction itself, but it fails to determine in detail how the meeting should be held. Here the decision of the European Court of Human Rights in the case of "Свято-Михайлівська парафія проти України" (2007) is valid:
For example, ДЕСС is currently a party to 37 court cases. They appeal the orders, the research that we conducted, in particular, the Zaporizhzhya and Baltic dioceses. The lawyers of the diocese challenge everything and, of course, have the right to do so. Just like ДЕСС, it is obliged to comply with the Law "Про захист конституційного ладу у сфері діяльності релігійних організацій".
Lavare is no longer "гніздо русского міра"
Kyiv-Печерська Лавра, photo: pomisna.info
What about the return of the Kiev-Pechersk Lavra?
This is a separate judicial track. The state reserve is suing the monastic community of УПЦ to release state property. In 2023, the contract between the reserve and the community was terminated, and they are challenging this. However, there is a shift, because there is a community of the Orthodox Church of Ukraine.
The Lavra ceased to be the nest of "русского міра", which was once, when it was written on the doors that the Uniates, schismatics and dogs are not blessed in the temple. Слава Богу, this is no longer there. In temples built at the expense of Mazepa, where it was once cast out and anathema, now they pray for it.
Should legislation be strengthened?
Last, on the laws on restricting the activities of religious organizations associated with РПЦ. Some estimates say that they are too liberal. On the other hand, the West can reproach us for excessive rigidity. Is it possible to strengthen them, or are they enough to eliminate the threat?
Questions of religious freedom are very sensitive for Ukraine and for partners. It is often said that we do everything with regard to partners. This is not quite true: a public opinion poll shows that Ukrainians perceive religious freedom as a self-sufficient value.
Before the war, Ukraine was a place where believers from Russia, Belarus, Belarus fled from religious persecution. Центральної Азії. We have never had a state church or hierarchy of churches where one is allowed more and the other less.
Для Європи This is quite unique. The religious environment of Ukraine also proved that it is able to protect freedom: when the Yanukovych regime tried to limit it, the environment was consolidated and opposed.
The law, in my opinion, is balanced, and I see four reasons.
First: according to international law, restrictions in this area should be established by law. Here so is. Secondly, the purpose of the law is legitimate. The Moscow Patriarchate directly declared the destruction of Ukraine, its culture, identity, language.
Limiting its influence and removing religious structures from its composition is a legitimate goal. The third reason: the procedure is democratic, the last word is not court.
All the warnings of the human rights environment, which were voiced before 2024, when the law was adopted, crashed about the practice of application. Everyone saw that the law does not deprive people of the right to believe and act in accordance with their faith. But an organization that wants to destroy Ukraine must cease to exist in our country.
So the law is effective and does not need strengthening?
Ми не КНДР, щоб поліцейськими операціями позбавляти людей права молитися. The goal is very specific: to stop the activities of the structures of a religious organization that wants to destroy Ukraine. And we try to achieve it so as not to affect the religious freedom of an individual.
By the way, the clergy of УПЦ can go abroad and meet there with people associated with the Russian synod. Is it possible to limit this influence?
Not every clergyman can go abroad: many are military and can not freely cross the border. Those who leave, we often help, for example, to go for humanitarian aid or for advocacy purposes. This is a large section of the work of our religious organizations, although not well known in society.
About the connection with РПЦFor this reason, the law requires permission. ДЕСС. We predicted that this item will not work effectively, but it is a requirement of the Law. I will add, however, that for an increasing number of clergymen УПЦ It becomes clear the nature of Московського Патріархатуthe absolutely immoral position of its head, Patriarch Kirill, and that their desire to distance themselves from РПЦ It becomes more tangible.
