12:48 28.12.2022

CC recognizes as constitutional legislative norms requiring full name of religious organizations with governing center located outside of Ukraine to be indicated

3 min read
CC recognizes as constitutional legislative norms requiring full name of religious organizations with governing center located outside of Ukraine to be indicated

The Constitutional Court (CC) of Ukraine recognized as constitutional amendments to Article 12 of the Law of Ukraine On freedom of conscience and religious organizations, which oblige religious organizations to fully reflect their affiliation with a religious association whose governing center is located outside Ukraine.

As stated in the statement of the Constitutional Court on the website on Tuesday, on December 27, at a plenary session, the Constitutional Court adopted a decision on the constitutional submission of 49 MPs of Ukraine on compliance with the Basic Law of the Law of Ukraine On amendments to Article 12 of the law of Ukraine On freedom of conscience and religious organizations on the name of religious organizations that are part of the structure of a religious organization, the leading center (management) of which is located outside Ukraine in a state that is recognized by law as having committed military aggression against Ukraine and/or temporarily occupied part of the territory of Ukraine.

"The Constitutional Court of Ukraine recognized the challenged law as conforming to the Constitution of Ukraine," the court said.

The Constitutional Court said the adopted law obliges religious associations to reflect their belonging to a religious organization outside of Ukraine, to which it is a member, by obligatory reproduction of the full authorized name of such a religious organization in their name.

"This law also established restrictions in the conditions of war on the access of clergy, religious preachers, mentors of religious organizations, the leading center (management) of which is located outside Ukraine in a state that is recognized by law as having committed military aggression against Ukraine and/or temporarily occupying part of the territory of Ukraine in part , the formation of the Armed Forces of Ukraine and other military formations of Ukraine in the places of their deployment or other military formations of Ukraine in the places of their deployment or other restrictions provided for by the Law," the court said.

According to the court, when making its decision, the Constitutional Court took into account the decision of the European Court of Human Rights in the case of Ilyin and Others v. Ukraine, where, in particular, it was noted that the very fact that the state requires a religious organization wishing to be registered to take a name, which makes it impossible misleading believers and society at large, and by which it is possible to distinguish it from existing organizations, can in principle be considered a justified restriction of its right to freely choose its name.

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