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Moscow-linked Church declares that Kyiv monastery churches belong to it until end of war and threatens criminal liability

Friday, 6 January 2023, 09:50
Moscow-linked Church declares that Kyiv monastery churches belong to it until end of war and threatens criminal liability

The Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) has stated that during martial law, lease agreements for two churches on the territory of the Kyiv-Pechersk Lavra (the Monastery of the Caves in Kyiv) will be automatically extended until the end of the war, and threatened criminal liability for the admission of Metropolitan Epiphanius, the Primate of the Orthodox Church of Ukraine (OCU), to the territory of the shrine.

Source: Information and Education Department of the UOC-MP

Quote from the UOC-MP: "The unilateral termination by the management of the Kyiv-Pechersk Lavra National Reserve of the lease agreement of the Holy Dormition Cathedral and the Refectory Church by the UOC-MP monastery of the Holy Dormition Kyiv-Pechersk Lavra is illegal and was not required by a presidential decree or any other regulatory documents."

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Details: The Church also said that due to allegedly "illegal actions by the management of the National Reserve", which is apparently not allowing UOC-MP clergy and parishioners to enter the above-mentioned churches at Christmas, the monastery has filed a lawsuit "to overcome obstacles to the use of the Holy Dormition Cathedral and the Refectory Church in accordance with agreements that have been operating since 2016".

In addition, the UOC-MP stated that in accordance with clause 5 of a Resolution of the Cabinet of Ministers of Ukraine dated 27 May 2022 (No. 634) "On the Specifics of Leasing State and Communal Property during Martial Law", lease contracts for state and communal property whose terms expire during the period of martial law, are considered extended for the period of martial law and for four months from the date of termination or cancellation of martial law.

The UOC-MP added that the National Reserve should have informed them of its unwillingness to extend the lease 30 days before the end of the contracts, but it allegedly did not do so.

The Church stressed that if the Ministry of Culture and the Reserve have a different position, then "they can prove their position in court", but until then, its use of the Holy Dormition Cathedral and the Refectory Church is apparently "legitimate and legal".

The UOC-MP believes that currently "the actions of the management of the Reserve directly violate the fundamental rights and freedoms of Christian citizens of Ukraine".

UOC-MP priests have also urged the administration of the Kyiv-Pechersk Lavra National Reserve not to allow Metropolitan Epiphanius, the Primate of the Orthodox Church of Ukraine, to enter the territory of the shrine. Epiphanius intends to hold a service at the Holy Dormition Cathedral on 7 January.

Quote from the UOC-MP: "The management of the National Reserve has officially explained that it is not aware of any legal grounds for this. Accordingly, the administration is expected to take the necessary measures to prevent arbitrary actions on the part of the Orthodox Church of Ukraine on the protected territory of the museum. Otherwise, the management itself will bear criminal liability for any losses related to the use of... the architectural monument of the 12th century, which the Holy Dormition Cathedral of the Lavra clearly is."

Previously: On 4 January, the press service of the Ukrainian Orthodox Church reported that Metropolitan Epiphanius, the Primate of the Orthodox Church of Ukraine, planned to hold a Christmas service on 7 January in the Holy Dormition Cathedral of the Kyiv-Pechersk Lavra. The UOC-MP then stated that Epiphanius does not have permission to hold the service in the Lavra on 7 January, and that his intention to come to the Holy Dormition Cathedral is an attempt to "seize" the church by force.

Background: 

  • At the end of December 2022, Metropolitan Pavlo Lebid, the Abbot of the Kyiv-Pechersk Lavra, who has been sanctioned in Ukraine, appealed to President Volodymyr Zelenskyy not to take two churches on the territory of the Lavra away from the UOC-MP.
  • The churches in question are the Dormition Cathedral and the Refectory Church. The UOC-MP had leased these churches until 31 December 2022 and wanted to extend the lease, but the Ministry of Culture advised against this.
  • On 2 December, the OCU reported that the Kyiv-Pechersk Lavra had been registered as a monastery of the OCU. However, Oleksandr Tkachenko, Minister of Culture, explained that there was no question of the Lavra being transferred from the UOC-MP to the OCU.
  • On 5 January, Tkachenko announced that the Dormition Cathedral and Refectory Church of the Kyiv-Pechersk Lavra had been officially returned to state use. Pavlo Lebid, the UOC-MP Abbot of the Lavra, did not attend the signing of the act of return of religious buildings.

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