Draft bill #8371 of January 19, 2023
Sponsor: the Cabinet
Status: adopted in full
Who is affected: citizens of Ukraine, religious organizations with governing centers in the aggressor state, the Russian Orthodox Church, the State Service of Ukraine on Ethnopolitics and Freedom of Conscience, the National Security and Defense Council of Ukraine, courts, and the State Property Fund
Summary:
Activities of the following foreign religious organizations are prohibited:
- organizations located in a state that has committed armed aggression against Ukraine and/or has temporarily occupied part of Ukraine. This includes religious administrations, associations, centers governed from outside Ukraine in the respective aggressor state.
- organizations that directly or indirectly (including through public statements by leaders or other governing bodies) support armed aggression against Ukraine.
- the Russian Orthodox Church (ROC) and its affiliated organizations.
Consequences of banning a religious organization:
- the National Security and Defense Council (NSDC) imposes sanctions.
- the activities of the banned foreign religious organization in Ukraine are halted.
- banned foreign religious organizations are prohibited from using state or communal property in Ukraine, and all related contracts (leases, rentals, leasing, other forms of use) are terminated early.
- within six months after the law is published, the Cabinet must return to the state the property used by the banned organization.
- a religious organization banned in Ukraine cannot be an owner or participant in registered legal entities in the state. All affiliated legal entities must change their composition of participants within three months to exclude the banned organization. If they fail to do so, the legal entity will be liquidated by court decision.
- any relations, links, or communications of religious organizations with banned organizations are possible only with the consent of the State Service of Ukraine on Ethnopolitics and Freedom of Conscience (DESS). The procedure for granting such approvals will be developed and approved by the Cabinet
- religious organizations, monasteries, religious brotherhoods, and missionary societies can change their subordination in canonical and organizational matters to any religious centers operating in Ukraine and beyond, except for those affiliated with the aggressor state and whose activities are banned in Ukraine.
State Service of Ukraine on Ethnopolitics and Freedom of Conscience
- evaluates whether a religious organization is engaged in promoting the ideology of the “Russian world”. To do this, SSUEFC may use various sources, including expert conclusions, data from other state bodies, information from registers, as well as information from people, organizations, media, and open sources.
- provides individual approvals for relationships, connections, or communications with a banned foreign religious organization in Ukraine.
- can appeal to the court with an administrative claim to cease the activity of a religious organization if the organization:
- propagated the ideology of the “Russian world” and supported the aggressor state
- was created by or is subordinated to the aggressor state
- combined ritual or preaching activities with encroachment on life, health, freedom, and dignity of individuals
- systematically violated the order of conducting worship services, rituals, ceremonies, processions, etc.
- urged citizens to neglect their constitutional duties, violate public order, or infringe upon the rights and property of state, public, or religious organizations
- Has authorized persons who have been convicted of crimes against the foundations of national security of Ukraine or for committing serious criminal offenses
- Includes individuals from banned organizations within its ranks
- at its own initiative or at the request of state authorities or local self-government, SSUEFC investigates religious organizations suspected of cooperating with the Russian Church.
- if SSUEFC finds any of these violations, it issues an order and gives the organization 30 days to rectify them
- if the organization does not rectify the violations, SSUEFC recognizes it as affiliated with the Russian Church and sends a relevant notification to the State Property Fund of Ukraine, local self-government bodies, and other legal and physical entities. They cease cooperation with such an organization by early terminating lease agreements and canceling permits for property use. SSUEFC also appeals to the court to cease the activity of the religious organization.
What is right:
- the law prohibits the activity of the ROC as a religious organization in Ukraine.
- the activities of organizations affiliated with the ROC will be terminated through a clear and understandable procedure
- the draft bill expands the powers of the State Service of Ukraine on Ethnopolitics and Freedom of Conscience by conducting religious studies, issuing orders, and appealing to the court
- it gives churches in Ukraine 9 months to sever ties with the ROC.
Why this is important:
After the large-scale invasion of Russia, blocking the activities of Russian religious associations in Ukraine has become critically important for national security. There are substantial evidence of cooperation between religious organizations affiliated with the ROC and representatives of the aggressor state in Ukraine, especially in temporarily occupied territories. Moreover, Russia uses the church as a tool for spreading its narratives, justifying aggression and calling for loyalty to Moscow.
Background information: on October 19, 2023, the Verkhovna Rada adopted in the first reading a government draft bill on banning the activities of religious organizations linked to the Russian Orthodox Church (ROC). On August 16, 2024, the President met with the All-Ukrainian Council of Churches and Religious Organizations to discuss the activities of the ROC. After the meeting, the All-Ukrainian Council of Churches and Religious Organizations supported the legislative initiative to ban the activities of religious organizations affiliated with the ROC