The Government of Ukraine can limit the constitutional right to freedom of religion and belief only in the “interests of protecting public order or the health and morals of the population or protecting the rights and freedoms of other persons.” persons”, in accordance with the current legislation. The Constitution of Ukraine provides for the “separation of the church and religious organizations from the state” and states: “No religion can be recognized by the state as obligatory,” says the US State Department’s report on Ukraine on freedom of religion in the world. section on the observance of religious freedom by the Kyiv government, reports Agerpres.

On December 1, 2022, President Volodymyr Zelenskyy in his decree addressed the Cabinet of Ministers with a request to adopt legislation prohibiting the activity of religious organizations in Ukraine “affiliated with centers of influence in the Russian Federation.” The decree determined that this legislation “corresponds to the norms of international law in the field of freedom of conscience and the obligations of Ukraine in the context of its membership in the Council of Europe.”

Religious organizations include congregations, religious administrations and centers, theological schools, monasteries, religious brotherhoods, missions and associations created by these religious organizations.

What does the legislation of Ukraine provide for the registration of religious organizations

Congregations are registered with the authorities of the region where they are present. Although these congregations may form constitutional units of a national religious organization, the national organization is not registered at the national level and cannot be recognized as a legal entity. Only founding units are registered individually and receive the status of a legal entity.

For registration, a religious community must have at least 10 adult members and submit to the registration authorities its charter (statute), certified copies of the resolution by which it was created and adopted by the founding members, as well as a document confirming the right to registration. which confirms his ownership or use of the premises.

Legislation in this area also defines requirements for re-registration of organizations that wish to change their affiliation, in particular parishes of the Ukrainian Orthodox Church (UPC, which was subordinate to the Moscow Patriarchate) that wish to join the Orthodox Church of Ukraine (OCU, autocephalous). ). The law requires a quorum determined by each congregation, usually two-thirds or three-quarters of the religious organization’s membership, to decide on a change of affiliation. In addition, according to the law, two-thirds of those present voted for the adoption of such a decision. The law prohibits any transfer of the organization’s property until the change of ownership is complete.

Registered religious organizations, which include individual religious congregations, administrative institutions, theological schools, monasteries, religious brotherhoods, missions and religious associations, must also register with the tax authorities to obtain the status of a non-profit organization.

Which religious organizations are allowed and which are prohibited

Without the status of a legal entity, a religious organization cannot own property, carry out banking activities, receive discounts for the payment of communal services, be a member of the boards of directors or advisory boards of state institutions, establish periodicals, non-state pension funds, officially accredited schools, agricultural and other publishing companies, or companies producing religious articles. Religious organizations without the status of a legal entity may meet and conduct religious services, as well as publish and distribute religious materials. However, according to the national registration provision, only a registered constituent unit of a national religious association may own property or conduct business in both its own name and on behalf of the national association. The law exempts religious organizations from property tax and treats them as non-profit organizations.

The law requires commanders of military units to allow their subordinates to worship, but prohibits the creation of religious organizations in military institutions and units. The law prohibits UOC priests from serving as chaplains on bases or in conflict zones.

According to a report published on the US State Department’s website, government agencies empowered to oversee religious organizations include the Attorney General, the Department of the Interior and all other “central executive agencies.”

Current legislation does not exempt clergy from military mobilization

Only registered religious organizations can claim the return of property confiscated by the former communist regime. Religious organizations should contact the regional authorities regarding the return of property. The law stipulates that authorities must complete a restitution request within one month.

Current legislation does not exempt clerics from military mobilization and does not allow any exemptions from military service in the reserve during a “special period” (that is, while hostilities with Russian troops continue), even those who refuse military service for reasons of belief (whose belief system ” does not allow the use of weapons”).

In addition, legislation in this area restricts the activities of religious groups located abroad and defines the activities allowed for clergymen, preachers, teachers and other representatives of religious groups located abroad: foreign religious workers can “preach, perform religious rites or to carry out other canonical activities” only for the registered religious organization that invited them and with the agreement of the state body that registered the status of the organization. Missionary activity is one of the permitted ones.

What exclusions from the International Covenant on Civil and Political Rights did Ukraine ask for?

Ukraine is a member of the International Covenant on Civil and Political Rights (ICCPR). Since 2015, the government has exercised its right to derogate from its obligations under the ICCPR in respect of parts of Donetsk and Luhansk regions under the control of Russian-led forces, including provisions on freedom of religion.

Following the imposition of martial law on 24 February 2022 following a full-scale invasion of Russia, the government exercised its right to withdraw from its obligations under various articles of the ICCPR. Among its provisions, martial law turned regional and local governments into regional military administrations, imposed a travel ban on men of conscription age, and strengthened the government’s search and arrest powers; however, Article 18, which protects freedom of thought, conscience and religion, remains in force.

The World Religious Freedom Report describes the state of religious freedom in each country with reference to government policies that violate the religious beliefs and practices of groups, religious denominations, and individuals, as well as U.S. policies to promote religious freedom around the world. The US Department of State files these reports under the International Religious Freedom Act of 1998.

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