Source: Peter Anderson, Seattle USA
Late yesterday, July 8, 2025, the State Service of Ukraine for Ethnopolitics and Freedom of Conscience (DESS) found that the Kyiv Metropolis of the Ukrainian Orthodox Church (UOC) had signs of affiliation with the Russian Orthodox Church (ROC). This announcement was posted on the official website of DESS at https://dess.gov.ua/
Under Article 5-1 (page 10 of the translation) of Law 3894, a religious organization is not allowed to operate in Ukraine if it is “affiliated with a foreign religious organization [such as the ROC], the activity of which is prohibited in Ukraine.” The Law then states that a religious organization is found to be so “affiliated” if “one or more” of seven specified “signs” are found to be present. Each of the seven signs of affiliation are described in the Law at pages 11-13 of the translation.
The administrative procedures for finding whether signs of affiliation exist are described in the Law at translation pages 18-21. There are also regulations implementing these statutory provisions. See https://www.kmu.gov.ua/
In my opinion, the results of the study and the order are not surprising. A strong argument can be made that the Ukrainian parliament (Rada) in drafting the law specifically crafted the wording of the seven signs to match the UOC. Therefore, the conclusion that the UOC’s Kyiv Metropolis possesses some of the signs is to be expected. In my opinion, the reasoning in the study and in the order does not weaken in any way the strong arguments that Law 3894 violates the freedom of religion guarantees of the Constitution of Ukraine and the European Convention on Human Rights. It is interesting that the study and order were posted within hours after President Trump announced that he would send more weapons to Ukraine. This announcement by Trump may have led the Ukrainian government to believe that criticism of 3894 in the United States would not lead to a lessening of military aid to Ukraine by the United States.
Under Law 3894, the next step after the posting of the study and the issuance of the order is to provide the Kyiv Metropolis with an opportunity to eliminate the “signs” found to exist. See page 19 of the translation. In this regard, the Law provides as follows:
Within 30 days from the date of receipt of the order on the elimination of violations, the religious organization is obliged to eliminate the violations specified in the order and to send a report on the elimination of violations with relevant supporting evidence to …[DESS]. Along with the report, objections to established signs of affiliation, which became the basis for issuing the order, can also be submitted. The established deadline for submitting the report may be extended by…[DESS] at the motivated request [motion]of a religious organization, but for no more than 60 days.
If there are signs which are not eliminated by the religious organization, DESS is required under the Law to file a lawsuit to “terminate” the religious organization. If the religious organization is terminated, its assets, except “cult property,” are confiscated by the State. Cult properties, such as churches, are transferred to “other religious organizations.” Presumably, the Orthodox Church of Ukraine (OCU) will be the major beneficiary of these transfers.
It is interesting that in yesterday’s order, DESS relies on the third “sign” (found at page 12 of the translation) as one of the signs possessed by the UOC’s Kyiv Metropolis. Thus, the order provides in part: “3) in the decisions of the Council of Bishops, the Holy Synod of the Russian Orthodox Church and in the statute of the Russian Orthodox Church, the activity of which is prohibited in Ukraine…, there are provisions regarding the right of the statutory governing bodies of the Russian Orthodox Church to make decisions on canonical and organizational issues that are binding on the KYIV METROPOLIS OF THE UKRAINIAN ORTHODOX CHURCH;” It is very apparent that the UOC will not be able to eliminate this “sign” because the UOC’s Kyiv Metropolis has no power to change the decisions of the ROC’s Council of Bishops or the ROC’s Holy Synod or to amend the statute of the ROC. Because of this, the conclusion is inescapable that the Law will mandate the termination of the Kyiv Metropolis of the UOC.
There is also another very important provision of the Law that must be considered. The Law provides at page 19 of the translation: “Simultaneously with sending an order to eliminate violations, … DESS compiles a list of religious organizations that are part of the structure (are part of) or related to the structure of a religious organization [namely the Kyiv Metropolis], with respect to which an order to eliminate violations has been issued, and publishes it on its official website.” Because the order against the Kyiv Metropolis has been issued, DESS must now post a list of religious organizations which are related to the Kyiv Metropolis. Presumably, such a list will be posted very soon. Because the Kyiv Metropolis is the headquarters of the entire UOC, I expect that the list will include all of the religious communities and institutions of the UOC. The Law makes unlawful not only affiliation with a prohibited foreign religious organization such as the ROC, but it also makes unlawful religious organizations “affiliated with a religious organization that is affiliated with a [prohibited]foreign religious organization.” Thus, if the Kyiv Metropolis is prohibited, all of the Ukrainian religious organizations affiliated with the Kyiv Metropolis are also prohibited. From the language of the Law, it appears that DESS will be able to file in Kyiv a single lawsuit to terminate the Kyiv Metropolis and all of its affiliated religious organizations.
The machinery is now in motion to terminate the Kyiv Metropolis of the UOC and its many affiliated religious organizations.
Peter Anderson, Seattle USA