The bill 8371 voted in the first reading by the Rada is not yet an adopted Law, but a draft that does not comply with the European Convention on Human Rights and the Constitution of Ukraine, the Synodal Legal Department of the Ukrainian Orthodox Church reports.

On October 19, 2023, the Verkhovna Rada of Ukraine voted in the first reading of the bill 8371, as it is called in the media “On the ban of the UOC”, has not yet been adopted and has not become a Law. According to the procedure, there should still be a second reading. Therefore, it remains a draft law and needs to be finalized, as it violates the right to freedom of religion and contains significant flaws in legal technique and does not comply with the European Convention on Human Rights and the Constitution of Ukraine.

Bill No. 8371, which, as noted, prohibits the activities of religious organizations affiliated with the aggressor state, in essence its content is aimed at banning the Ukrainian Orthodox Church and violates the rights to freedom of religion of Ukrainian citizens belonging to the UOC.

The draft law itself does not refer to the UOC, however, its origin (the decision of the National Security and Defense Council regarding the UOC), media and political support indicate that this law will be applied to the UOC, which in fact is an independent and autonomous Church and deliberately trying to pass it off as the Russian Orthodox Church, and the clergy and believers who are citizens of Ukraine, referred to agents of Russia.

In justification of the necessity to adopt this bill they refer to the religious expertise, which by the way is not even of legal nature (paragraph 3, section 5 of the expertise), criminal proceedings against members of the UOC, who allegedly pose a threat to national security. According to the official report of the SBU, there are 68 cases.

In fact, this draft law does not comply with the Convention on Human Rights and the Constitution of Ukraine (Article 35), as neither of these documents provides for the possibility of prohibiting the right to freedom of religion. Since such a right may be restricted only in the interests of protecting public order, public health and morals or protecting the rights and freedoms of others.

Undoubtedly, the adoption of this bill would indicate that human rights and freedoms, for which our State is also fighting, are losing their meaning.