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Ukraine's Supreme Court Upholds Monastery Transfer to Orthodox Church of Ukraine

Верховний суд України підтвердив перехід монастиря до Православної церкви України.

Legality of the Monastery Lease Upheld

Ukraine's Supreme Court has affirmed the legality of leasing the Spaso-Preobrazhensky Monastery complex to the Orthodox Church of Ukraine (OCU). This ruling concludes a legal dispute over a monastery in the village of Kniazhychi, Kyiv region, which was previously used by the Ukrainian Orthodox Church under the Moscow Patriarchate (UOC-MP). The decision stems from documented violations in the property's use. This case is part of a broader, often contentious, realignment of religious communities in Ukraine since the 2019 establishment of the autocephalous OCU.

In 2022, the Brovary City Council decided to lease the complex to the OCU. This action was based on a property inventory of the local religious community, which found that some buildings were constructed without proper permits. The inspection also revealed unauthorized use of land plots. Consequently, the city council terminated the UOC-MP community's right to use the land.

Following this, the city council signed a lease agreement with the OCU. However, representatives of the UOC-MP refused to vacate the monastery grounds. In response, the OCU went to court to enforce the local government's decision. Both the first-instance and appellate courts sided with the Orthodox Church of Ukraine, confirming the lease's legality and ordering the eviction of the UOC-MP. The Supreme Court has now left these rulings unchanged.

Transition of St. Nicholas Church and Issues with Religious Property

In a related development, St. Nicholas of Myra Church in the village of Shchaslyve has officially transitioned to the Orthodox Church of Ukraine. The church is part of the Prystolychna community in the Boryspil district, and its first service under the OCU was conducted by Father Oleksandr. The transfer process occurred without physical conflict, although UOC-MP representatives claimed the building was seized.

Simultaneously, police in the Kyiv region and the Security Service of Ukraine (SBU) have documented a scheme involving the misappropriation of religious community property. The rector of a church in Brovary illegally transferred the church building to his own charitable foundation, highlighting further issues in the management of religious assets.

This situation reflects ongoing tensions between different religious communities in Ukraine, particularly in the context of parishes transitioning from the UOC-MP to the OCU. The Supreme Court's decision not only confirms the legality of the local authorities' actions but also underscores the necessity of lawful use of religious properties. Meanwhile, instances of property misappropriation point to systemic problems in managing religious assets, requiring attention from law enforcement and society at large.

In light of the ongoing shifts within Ukraine's religious landscape, the recent decision regarding the Spaso-Preobrazhensky Monastery is part of a larger trend. Notably, a recent ruling mandated the return of funds to a metropolitan following the transition of a cathedral to the Orthodox Church of Ukraine. This highlights the complexities and financial implications surrounding property disputes within the religious community. For more details on this significant development, read about the court's decision on the cathedral's financial restitution.