End of Moscow Patriarchate? Will Kyiv cope with ‘Ukrainization’ of Moscow Patriarchate church?

Navigating numerous amendments

The State Service of Ukraine for Ethnic Policy and Freedom of Conscience (DESS) will play a key role in implementing the law against the UOC-MP. This agency, which reports to the Cabinet of Ministers and has been headed by religious studies expert Viktor Yelenskyi since December 2022, will conduct examinations to determine whether organizations are subordinated to centers of influence in Russia.

“The service was involved in drafting this bill for the first reading. Before the second reading, we submitted a significant number of amendments through MPs to make the law more specific and effective,” Yelenskyi explained.

The expert believes the law won’t be delayed on the president’s desk: “I think he will sign it soon, as he was the one who initiated it.”

President Volodymyr Zelenskyy ordered the Cabinet to draft the law in December 2022 following a decision by the National Security and Defense Council. The government submitted the bill to parliament in January 2023.

The law prohibits religious organizations with centers of influence in Russia, which, according to experts consulted by hromadske, specifically targets the UOC-MP.

Despite the urgency, lawmakers were slow to pass the legislation. It was only approved in the first reading in October 2023, an event also called “historic” at the time. The second reading was delayed by nine months, during which MPs submitted numerous amendments and sometimes even blocked the bill during internal discussions.

There were over 1,200 amendments, leading to heated debates. Lawmakers had their own perspectives on certain issues, which complicated the agreement process.Viktor Yelenskyi, head of DESS

Metropolitan Yevstratiy of the Orthodox Church of Ukraine (OCU) told hromadske that the final version of the law is the best possible outcome given Ukraine's current socio-political realities. OCU priest George Kovalenko also agreed, stating that the final decision is well-defined and uncontroversial.

Nine months to sever ties with Moscow

The process of removing Russian influence from Ukrainian churches and cathedrals will be gradual. After the law’s publication, DESS will begin a religious review of organizations to determine their ties to centers of influence in Russia.

George Kovalenko, an OCU priest and rector of the Open Orthodox University, noted: “I personally know some experts at DESS. They are capable of working hard and taking responsibility.”

Parishes found to be in violation will receive orders to comply, giving them a chance to address the issues independently.

Conducting such reviews is not new for DESS. In early 2023, the agency reviewed the UOC-MP's charter to determine if it maintained a canonical connection to the Moscow Patriarchate, a requirement under a National Security and Defense Council decision. The conclusion was clear: the UOC-MP remains a part of the Russian Orthodox Church (ROC).

Yelenskyi recalled that after the review, UOC-MP members even asked him how to remove Russian influence. “In May of last year, two UOC-MP hierarchs asked me to provide them with written recommendations on how the UOC could sever ties with the ROC. The next day, I sent them a letter with recommendations and the review results. They didn’t follow these recommendations,” said the expert.

To comply with the law, each violating parish must rewrite its charter and choose a church structure to join, explained MP Nataliya Pipa. This could involve transferring to the OCU, the Ukrainian Greek Catholic Church (UGCC), or foreign churches in Ukraine, such as the Romanian or Greek Orthodox churches.

However, the transition presents challenges. Even though many believers have moved from the UOC-MP to the OCU since Russia’s full-scale invasion, the Moscow Patriarchate remains a large entity. Its dissolution could cause significant complications.

The Orthodox Church of Ukraine has far fewer parishes than the UOC-MP. If all of the Moscow Patriarchate’s parishes suddenly moved to the OCU, it would create a church within a church. That’s why a longer period is given to sort out the details.MP Nataliya Pipa

Religious communities will have nine months to voluntarily sever ties with Russia. DESS believes this timeframe is sufficient.

Yelenskyi explained that the UOC-MP has tools to protect itself from allegations of subordination to Moscow. “They need to publish letters declaring their exit from the ROC synod and all governing bodies, and also notify other Orthodox churches that they are no longer part of the ROC.”

However, the UOC-MP insists the law does not apply to them. Metropolitan Klyment told hromadske that according to their documents, the UOC has no administrative ties with foreign centers. Klyment claims any accusations will be purely manipulative.

Lawmakers understand their decision will be difficult to implement. Pipa admitted she doesn’t believe that “people who were collaborators will suddenly become saints.” She believes the law won’t eliminate the problem on its own but will be a crucial step in that direction.

Will Ukraine have enough resources?

The DESS is about to undertake its biggest challenge yet: an expert review of thousands of parishes, each of which may have different responses to the new law.

To do this, DESS will need to expand its regional departments beyond the central body. Currently, one official in a regional office might handle religion, tourism, and culture, making it hard to work effectively, especially on such a serious task.

In addition, local DESS representatives will need to collaborate more actively with the Security Service of Ukraine (SBU), police, and community activists. They will also need to communicate with parishioners and clergy, ethnologist Yaroslava Muzychenko stressed.

It’s important to understand the pulse of these parishes: what literature they sell, and the sentiments of the parishioners. If you talk to the old choir members about what the priest said in his sermons, you’ll know if the pro-Russian agenda continues.Yaroslava Muzychenko, ethnologist

The lack of religious studies experts in DESS, who will be responsible for reviewing thousands of UOC-MP parishes, could hinder the law’s implementation.

Even DESS acknowledges this: they lacked resources even before this. Yelenskyi noted that the laws “On Freedom of Conscience and Religious Organizations” and “On National Minorities (Communities) of Ukraine” have already assigned them a lot of work. Moreover, DESS deals with issues related to Ukraine’s EU accession negotiations and issues mandates for military chaplains.

Metropolitan Yevstratiy of the OCU also doubts that DESS's current staff can handle this new task: “It makes sense for the service to bring in additional experts and specialists to specifically handle the procedures outlined in the law.”

Pipa mentioned that increasing DESS’s resources won’t require additional laws; the government can simply amend the budget.

Meanwhile, Yelenskyi assured that DESS would try not to inflate the budget: “We will strive to increase our institutional capacity. We know how limited resources are during wartime and how hard it will be to allocate more.”

Enforcing the law: The legal hurdles ahead

Rewriting a charter and stopping prayers for Russia sounds like the easiest path. However, it’s likely that not all parishes will comply. Lengthy legal battles may ensue. For instance, even after losing a second lawsuit regarding the Kyiv-Pechersk Lavra reserve, the UOC-MP continues to file appeals.

The exact mechanism for how the enforcement service will act after a court decision is still unknown. This issue was discussed in parliament, but no procedure was specified. The government will now have to update bylaws to align with the law.

Experts suggest that after a court decision to “close” an organization, restrictions on bank operations and the invalidation of contracts, including those for utilities and rental agreements, will be imposed. Therefore, parishes marked as “having ties with Russia” will no longer be able to use ancient sanctuaries.

If they own property, it won’t be seized. The charters of each organization specify where assets are transferred in the event of liquidation. So, each religious community will follow its own path.

Priest George Kovalenko hopes that the parishioners themselves will influence the heads of these organizations. If they side with the violators, they will also bear responsibility for what happens to their organizations.

This does not mean that someone will be forbidden to gather and pray. People can do it. The only thing that is prohibited is propaganda of the ‘Russian world’, justification of war, and support for the aggressor state. If these gatherings are about prayer, there should be no problems. But from the legal and property point of view, there will be problems until the law is fulfilled.George Kovalenko, priest, rector of the Open Orthodox University