On 20 August 2024, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Protection of the Constitutional Order in the Field of Activities of Religious Organisations", the final and transitional provisions of which amended the Law of Ukraine "On Lease of State and Communal Property" and "On Freedom of Conscience and Religious Organisations", eliminating a legislative conflict on property issues for religious organisations.

By amending part two of Article 9 of the Law of Ukraine "On Lease of State and Communal Property", the Parliament allowed the transfer to religious organisations for free use or loan of state or communal property that is religious property, including religious buildings, structures, for the purpose of conducting worship, religious rites, ceremonies, processions, rituals, prayers, services, religious gatherings, religious education and other types of religious practice. The procedure for transferring religious property to religious organisations must be determined by the Cabinet of Ministers of Ukraine within three months from the date of publication of the Law of Ukraine "On Protection of the Constitutional Order in the Field of Activities of Religious Organisations".

This law also amended Article 17 of the Law of Ukraine "On Freedom of Conscience and Religious Organisations", which

- defined the concepts of "religious building, structure", "complex of religious buildings", "religious property";

- introduced a method of resolving issues in case of doubt as to whether a building, structure or property belongs to a place of worship by appointing a religious expert examination by the central executive body implementing state policy in the field of religion;

-granted the right to religious organisations to receive for free use religious buildings, structures and property owned by the state and/or municipalities for the purpose of conducting worship, religious rites, ceremonies, processions, rituals, prayers, services, religious gatherings, religious education and other types of religious practice in accordance with the internal guidelines of the religious organisation in accordance with the procedure established by law.

We would like to remind you that religious buildings and property that is state and municipal property have been transferred to religious organisations in Ukraine for free use since 1991 on the basis of the Law of Ukraine "On Freedom of Conscience and Religious Organisations" in the context of overcoming the negative consequences of the Soviet state policy on religion and the church and in fulfilment of Ukraine's obligations to the Council of Europe, in particular Conclusion No. 190 (1995) and PACE Recommendation No. 1722 (2005). 

It should be noted that the Law of Ukraine "On Protection of the Constitutional Order in the Field of Activities of Religious Organisations" and amendments to the Laws of Ukraine "On Freedom of Conscience and Religious Organisations" and "On Lease of State and Communal Property" also introduced rules on property issues relating to (a) foreign religious organisations whose activities are legally prohibited in Ukraine, and (b) religious organisations of Ukraine that are recognised as affiliated with a foreign religious organisation whose activities are prohibited in Ukraine in accordance with the Law of Ukraine "On the Protection of the Constitutional Order in the Field of Activities of Religious Organisations".