The Grand Chamber of the Supreme Court has issued conclusions on how a religious community can exercise its right to change its canonical affiliation

In the circumstances of the case, some residents of the village of Kalynivka, Zhytomyr district, Zhytomyr region, decided to voluntarily change their canonical affiliation by joining the Orthodox Church of Ukraine. The relevant change, implemented by amending the statutory documents, was challenged in court.

The courts of first and appeal instances dismissed the claim.

The Judicial Chamber for Corporate Disputes, Corporate Rights and Securities of the Commercial Cassation Court of the Supreme Court referred the case to the Grand Chamber of the Supreme Court due to a number of exceptional legal issues related to the change of canonical affiliation.

In ruling on the limits of state interference in the right to freedom of religion, the Grand Chamber of the Supreme Court was guided by the fundamental principle that the court's role is to determine whether the measures taken at the national level are justified and proportionate, and how justified it is for the court to interfere in the internal affairs of a religious community.

Among other things, this case formulated conclusions on the concept of a religious community, the criteria for membership in it, the way in which a religious community can exercise its right to change its subordination in canonical and organizational matters, the grounds for court intervention in the exercise of this right, and the specifics of legal registration of such a change.

The full text of the resolution of the Grand Chamber of the Supreme Court of April 3, 2024 in case No. 906/1330/21 (proceedings No. 12-38гс23) will be available in the Unified State Register of Court Decisions - https://reyestr.court.gov.ua/