The Verkhovna Rada of Ukraine passed the Law of Ukraine "On the Protection of the Constitutional Order in the Field of Religious Organizations" (Bill No. 8371).
During a parliamentary session on August 20, 2024, a new law was passed with 265 MPs voting in favor. The distribution of votes was as follows: MPs from the Servant of the People faction, 25 from European Solidarity, 17 from Batkivshchyna, 18 from Holos, 1 from the Platform for Life and Peace group, 11 from the Trust group, 9 from For the Future, and 11 from non-factional groups.
The adopted law aims to prohibit the activities of the Russian Orthodox Church (ROC) in Ukraine and to terminate the operations of religious organizations in Ukraine affiliated with it, according to the law.
When initiating this law, the President of Ukraine and the Government emphasized that the Russian Orthodox Church is an instrument of influence of the Russian authorities and propaganda of the Russian World ideology. Moreover, the Russian Orthodox Church is a religious center that strongly supports the armed aggression of the Russian Federation against Ukraine and actively promotes war crimes and crimes against humanity.
According to Article 2 of the Law of Ukraine "On the Protection of the Constitutional Order in the Field of Activities of Religious Organizations," foreign religious organizations are allowed to operate in Ukraine as long as their activities do not endanger national or public security, public order, health, morality, or the rights and freedoms of others.
This article of the Law specifies that the activities of foreign religious organizations that meet the following criteria are prohibited on the territory of Ukraine:
1) are based in a state that is recognized as having committed or is committing armed aggression against Ukraine and/or temporarily occupying a part of Ukrainian territory
2) directly or indirectly support armed aggression against Ukraine (including through public statements by leaders or other governing bodies).
If the activities of a foreign religious organization meet the specified criteria, and it is revealed after the entry into force of this Law, the prohibition of its activities is carried out by amending part one of Article 3 of this Law.
The cancellation of the prohibition on the activities of foreign religious organizations in Ukraine, established by this Law, is carried out by amending this Law. As explained by MPs and government officials, with the help of this Law, Ukraine is taking measures to protect religious freedom from the influence of the aggressor state and to protect its population from hostile propaganda, calls for violence, and genocide of the Ukrainian people, spread by the Russian Orthodox Church and affiliated religious organizations in Ukraine.
According to the law, the activities of religious organizations affiliated with the Russian Orthodox Church are not allowed - such organizations are to cease their activities by court order. The list of such organizations will be approved by order of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience and published on its official website.
The law provides a procedure for severing ties between such religious organizations and the ROC. In addition, the ROC cannot be the owner or participant of legal entities registered in Ukraine.
The Law of Ukraine "On the Protection of the Constitutional Order in the Field of Activities of Religious Organizations" consists of five articles. At the same time, the final and transitional provisions of the law amend several other laws:
* The Civil Procedure Code of Ukraine;
* The Code of Administrative Procedure of Ukraine;
* Law of Ukraine "On Freedom of Conscience and Religious Organizations" (amendments to Articles 8, 9, 10, 12, 14, 15, 16, 17, 18, 20, 24, 30 and addition of Article 51)
* Law of Ukraine "On the Lease of State and Communal Property";
* The Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction"
* Law of Ukraine "On the Prohibition of Propaganda of the Russian Nazi Totalitarian Regime, the Armed Aggression of the Russian Federation as a Terrorist State against Ukraine and the Symbols of the Military Invasion of Ukraine by the Russian Nazi Totalitarian Regime"
* Law of Ukraine "On the Prosecutor's Office".
It is worth noting that this law amends Article 9 of the Law of Ukraine "On the Lease of State and Communal Property." This amendment allows government authorities to transfer state or municipal property, including religious buildings or structures, to religious organizations for free use or loan for worship, religious rites, ceremonies, processions, rituals, prayers, services, religious gatherings, religious education, and other types of religious practice. The procedure for transferring such property to religious organizations will be determined by the Cabinet of Ministers of Ukraine.
The adopted law enters into force one month after its official publication. At the same time, a separate provision of the law comes into force in nine months, allowing the State Service of Ukraine for Ethnic Policy and Freedom of Conscience to file a lawsuit to terminate the activities of religious organizations found to have ties to the Russian Orthodox Church.
On August 17, members of the Ukrainian Council of Churches and Religious Organizations made a statement on the protection of religious freedom, ensuring the spiritual independence of Ukraine and condemning the activities of the Russian Orthodox Church as an accomplice to the bloody crimes of the Russian occupiers against humanity in Ukraine.