Court decision in favor of the Ukrainian Orthodox Church (Moscow Patriarchate)
April 8, 2016. On April 6 Rivne Regional Administrative court rejected the claim of the Kyiv Patriarchate on transfer of the Holy Protection Church in Ryasniki village for alternate use, reports the press service of the Rivne eparchy of the UOC.
A human rights activist of Rivne eparchy of the Ukrainian Orthodox Church said that the church in Ryasniki village, Goshcha district, is an architectural monument of local importance, and was therefore transferred to the UOC religious community for use in 1991.
He also noted that lawyer of the UOC-KP in Ryasniki village L.Toros misinterpreted P. 3 Art.17 “On freedom of conscience and religious organizations”.
“According to the practice of the Supreme Court of Ukraine, a religious building, which is in legitimate use by the religious community, cannot be transferred to the alternate use by two or more religious communities under the procedure determined by Part 3 Art.17 of the mentioned Law, prior to the termination of the previous agreement in the manner and on the grounds stipulated by the civil legislation of Ukraine “, said the lawyer of the Rivne eparchy of the UOC.
The court case has lasted since October 2015, when the newly formed community of the Kyiv Patriarchate filed a claim in Rivne Regional Administrative Court for the obligations of the Rivne Regional State Administration to transfer the church of the UOC in Ryasniki village for alternate use by the UOC and the UOC-KP.
The reason for the claim was that the Rivne Regional State Administration did not consider their letter with the requirement for alternate use. Now the court, having refused to transfer the church for alternate use, ordered the Rivne Regional State Administration to provide an answer to the letter by the Kiev Patriarchate.