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  5. Head of UOC KP continues to sue judges for damage to the “Kiev Patriarchate”

Head of UOC KP continues to sue judges for damage to the “Kiev Patriarchate”

The case on recovering damages from the judges of the Sixth Administrative Court of Appeal, who by their actions caused damage to the “Kiev Patriarchate”, was referred to the Dnieper District Court of Kiev. This was reported in the legal service of the UOC-KP.

A year ago, Filaret Denisenko filed a claim for compensation for damage caused to the Kiev Patriarchate by three judges. The claim was sent to the Pechersk District Court of the city of Kiev.

The aforementioned persons, acting together as torturers, united by a common intention, on November 11, 2019, prevented the plaintiff from accessing justice. In addition to legal obstacles, physical obstacles were created, which were published in the media. Thus, they provided conditions for the seizure of the property of the UOC-KP. As a result, they caused damage in the amount of UAH 283 790 802 (around 10 135 385 USD).

The plaintiff does not include in the named amount the amount of lost benefits that he could receive from the use of the property (lease), and dispose of in favor of the owner, provided there are no illegal actions of the defendants.

The plaintiff ascribes their personal tort, expressed in a set of actions aimed at hindering access to justice, at the basis of the responsibility of the inflictor. At the same time, it is noted that the defendants did not fulfill the powers of judges, but, on the contrary, performed actions opposite to those established by Art. 129 of the Constitution of Ukraine, art. 2 of the Law of Ukraine “On the Judicial System and the Status of Judges”. Therefore, the scope of dispute settlement does not refer to the operation of the norms of Art. 1174 of the Civil Code of Ukraine, characterizing it as a sphere of private civil responsibility.

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