THE PROBLEM OF THE LEGAL NAME OF THE UKRAINIAN ORTHODOX CHURCH (MOSCOW PATRIARCHATE

Abstract

The research analyzes current challenges in church-state relations in Ukraine, particularly in the context of the Russian invasion. Since even before the start of the hybrid war, Russia has never hesitated to use the religious factor in spreading its influence in Ukraine. It is obvious that with the beginning of the confrontation, such trends will only intensify. The main focus of the study is on the problem of the legal name of the Ukrainian Orthodox Church (Moscow Patriarchate) and the importance of correctly defining its status. Thus, the draft law adopted in 2018, which introduced the obligation to indicate the connection with the governing center in the aggressor country for the relevant religious organizations, was seen by the UOC (MP) as a restriction of its rights, which subsequently led to the formation of a stable propaganda cliché against Ukraine. The study provides an analysis of the reasons that prompted the adoption of such provisions of the law and highlights the main arguments regarding the legitimacy of these provisions. The main document that puts an end to this issue is the relevant decision of the Constitutional Court, which clearly explains the correctness of the requirements in the legislation related to the name of a religious organization whose governing center is located in a country recognized as an aggressor country. The decision of the Constitutional Court explains why it is inappropriate to define such restrictions as restrictions on freedom of conscience and religion and refers to similar precedents in European case law. The study shows that general attempts by the state to resolve this sensitive issue demonstrate a democratic approach of governance in the religious sphere, which debunks the relevant anti-Ukrainian propaganda narrative.