Draft bill #8371 of January 19, 2023 

Sponsor: Cabinet of Ministers of Ukraine 

Status: adopted in the first reading with amendments 

Who is affected: religious organizations managed from Russia (including the Ukrainian Orthodox Church of the Moscow Patriarchate), the State Service of Ukraine for Ethnopolitics and Freedom of Conscience, and courts 

Summary: 

  • religious organizations managed from Russia will not be allowed to operate in Ukraine 
  • if a religious organization violates the Constitution of Ukraine and/or Ukrainian laws regarding the creation of religious organizations, the State Service of Ukraine for Ethnopolitics and Freedom of Conscience or a prosecutor will be able to appeal to a court to terminate it 

The State Service of Ukraine for Ethnopolitics and Freedom of Conscience will: 

  • detect via religious expertise whether Russia influences canonical and organizational issues of religious organizations 
  • issue orders to eliminate violations detected by the religious expertise 
  • appeal to a court with an administrative lawsuit to terminate a religious organization in case it does not eliminate violations found by the religious expertise. 

What is right: 

  • the bill protects the state from subversive activities of religious organizations aimed at undermining national security and causing significant damage to the sovereignty, territorial integrity, defensive capabilities, or information security of Ukraine 
  • religious organizations controlled by Russia will not be able to operate in Ukraine 
  • the State Service of Ukraine for Ethnopolitics and Freedom of Conscience will be granted additional powers: to conduct the religious expertise, issue orders to religious organizations, and appeal to a court. 

What is wrong: 

  • the procedure for terminating a religious organization associated with the Russian Federation will take a long time. Expertise, orders, and court proceedings can delay such a termination for years. 

Background information: 

On December 1, 2022, the presidential decree enacting the decision of the National Security and Defense Council of Ukraine of December 1, 2022, On Certain Aspects of the Activity of Religious Organizations in Ukraine and the Imposition of Personal Special Economic and Other Restrictive Measures (Sanctions) came into effect. According to this decree, the Cabinet of Ministers of Ukraine had to prepare a draft law for the Verkhovna Rada within two months to ban religious organizations affiliated with the Russian Federation in Ukraine. 

Additional information: presidential decree #26/2023 of January 23, 2023, On Sanctions Against Leadership of the Russian Church.