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Filaret’s lawyer told where the UOC-KP would complain

The head of the legal department of the UOC-KP, Neonila Tkachenko, during a press conference on February 25, 2021, explained on which basis the Kyiv Patriarchate would appeal its liquidation in courts, and also announced which international structures the complaints would be sent to.

According to her, the resolution of the “Local Council” of December 15, 2018 does not contain the word “liquidation” at all, it spoke of “termination”, which are different things.

“The text of this decree does not contain a provision on the liquidation of the Patriarchate (read carefully: and you will not find the word “liquidation”). Moreover, on June 20, 2019, this resolution was cancelled, as illegitimate, by the founder, given the inconsistency of its content with the purpose of the Charter Activities of the UOC-KP, and the provisions of the Constitution of Ukraine, in particular, its Article 35 (the right to freedom of conscience and religion).

On June 22, 2019, a resolution on the abolition of the processes of termination of the Kyiv Patriarchate was sent to the subject of state registration to perform registration actions, in accordance with the provisions of the Law. But the decision of the founder of June 20, 2019, which determines the legal capacity of the UOC-KP and the Kyiv Patriarchate, was ignored… I emphasize that none of the judicial jurisdictions: neither administrative, nor economic, nor civil, allowed the Patriarchate to justice, citing information state register. At the same time, all the courts in claims were informed about the unreliability of this information, its contradiction in various sections of the register,” said Neonila Tkachenko.

In the section about the head and the signatory, it was noted that the powers of the head and the signatory were transferred from Filaret to the “liquidator”. At the same time, the very fact of liquidation is denied by the Ministry of Culture, and is presented as a termination through reorganization.

“We turn to the European Commission “Democracy through Law” with a request to provide constitutional assistance to the UOC-KP as a religious association after an expert assessment of the actions of judges… the ineffectiveness of the judicial system of Ukraine in the issue of protecting the UOC-KP further determines only one way: the European Council of human rights. I would like to note that the complaint was filed from the Kyiv Patriarchate, as a legal entity, in one of the court cases. The total number of complaints to the European Court will be equivalent to the number of cases of national courts of all three instances and three jurisdictions, in which judges refuse to consider cases.

Regarding the inaction of law enforcement officers, we appeal to the Group of States against Corruption “Greco”; we appeal to the deputies of the European Parliament, the United Nations Organization (in particular, the UN Committee for the Protection of Human Rights), with a request to speak in defense of the UOC-KP; we announce the submission of a complaint by the UOC-KP to the UN Human Rights Committee,” Tkachenko said.

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