The court overturned the expert opinion regarding the UOC’s charter and ordered the Department of Religious Affairs to revise it
On April 6, 2026, the Sixth Administrative Court of Appeal issued a ruling in the case brought by the Kyiv Metropolis of the Ukrainian Orthodox Church against the State Service of Ukraine for Ethnic Policy and Freedom of Conscience.
This was reported by the Ukrainian Orthodox Church.
The court partially upheld the UOC’s appeal, overturned the lower court’s decision, and recognized the plaintiff’s key arguments as valid. The conclusion of the religious studies expert review regarding the church’s charter was also overturned.
Separately, the court ordered the State Service to conduct a re-examination and revise the relevant conclusion.
In its ruling, the court explicitly stated the illegality of the state agency’s inaction. Specifically, it noted:
“To recognize as unlawful the inaction of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience regarding the failure to consider the application of the Kyiv Metropolis of the Ukrainian Orthodox Church dated January 10, 2023, No. 0029, regarding the recusal of members of the Expert Group… and the failure to adopt a corresponding decision based on the results of such consideration.”
The court emphasized that the failure to consider the recusal request constitutes a material procedural violation that calls into question the impartiality of the expert review.
Moreover, the court separately noted that the absence of a clear procedure in the legislation does not relieve the authority of its duty to ensure the fairness of the process. In this regard, the court reached a fundamental conclusion regarding the defectiveness of the entire expert review procedure: “The procedural violation established by the court is substantial, as it renders both the conclusion of the religious studies expert review and the contested order of the DESC defective…”
On this basis, the appellate court ruled that the subsequent actions of the state official were unlawful. The ruling states: “To declare unlawful the actions of Viktor Yelensky, Head of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience, regarding the approval of the Conclusion… under the circumstances of an unconsidered motion… for recusal…”.
The key outcome of the case was the annulment of the state agency’s decision itself: “To declare unlawful and annul Order No. N-8/11 of the State Service of Ukraine for Ethnic Policy and Freedom of Conscience dated January 27, 2023…”.
Thus, the court effectively confirmed that the religious studies expert examination conducted earlier was carried out with significant procedural violations that affected its outcome and validity.
The ruling of the Sixth Administrative Court of Appeal took legal effect upon its adoption.
The UOC-MP distanced itselffrom the underground school in the Kyiv monastery.
The Security Service of Ukraine has already launched a detailed investigation into the illegal activities on the monastery’s grounds following the publication of evidence by journalists. Investigators are examining educational materials and identifying the teachers who implemented the educational standards of the aggressor country. Unlike Ukraine’s official educational institutions, which operate according to state standards, such underground structures are often used by Russia to exert soft influence and shape a generation loyal to the occupiers within the country.
Deputy Prime Minister for Humanitarian Policy Tetiana Berezhna stated the need to await the official results of the Security Service of Ukraine’s investigation into the clandestine educational institution exposed by journalists on the grounds of the UOC-MP monastery in the Holosiivskyi district.
