The Constitutional Court of Ukraine recognized as constitutional the law obliging the Ukrainian Orthodox Church of the Moscow Patriarchate to change its name so that it indicates its belonging to Russia.
At the plenary session, the Constitutional Court adopted a decision on the case on the constitutional proposal of 49 people's deputies on the compliance with the Constitution of Ukraine of the law on amending the law on freedom of conscience on the names of religious organizations that are part of the structure of the association, the governing center of which is located outside of Ukraine, in the state – aggressors.
The Constitutional Court of Ukraine decided on the case on the full name of religious organizations, concluding that the amendments to Article 12 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” are constitutional,” the message says.
In making its decision, the CCU took into account the decision of the European Court of Human Rights.
In particular, it notes that “the very fact that the state requires a religious organization that wishes to be registered to take a name that makes it impossible to mislead believers and the public at large, and which makes it possible to distinguish it from already existing organizations, can in principle be considered a justified restriction of its right freely choose their name”.
Help. Law No. 5309, adopted in 2018, provides that a religious organization whose headquarters is located in a country recognized as an aggressor is obliged to indicate this in its title. Appropriate changes should be made to the charter of the organization.
At the same time, it is allowed to add “in Ukraine” after the full name of the church indicating the control center.