Parish Assemblies Are Authorized to Take Decisions on Changing the Canonic Subordination of the Religious Community

Parish Assembly of the “Sviato-Stritenska Parish of Horlivka Eparchy of Ukrainian Orthodox Church of Kostiantynivka city of Donetska oblast” religious orthodox community adopted the decision on changing the canonic subordination of the religious community (Ukrainian Orthodox Church – Kyiv Patriarchate). Horlivka Eparchy of Ukrainian Orthodox Church of Moscow Patriarchate lodged a court claim on the recognition of the decision of the Parish Assembly as invalid.

Commercial court by its judgment, confirmed by the resolution of appeal commercial court, satisfied the claim completely.

While satisfying the claim, the courts of the first and appeal instances assumed the fact that taking into account the Statute of the Parish and the Statute on Management, the Parish was a part of Horlivka Eparchy of Ukrainian Orthodox Church of Moscow Patriarchate and its activity was subordinate to this Church, i. e. the claimant and the defendant are connected with management and control relations – commercial relations, which appeared from commercial activity within the meaning of Article 3 of the Commercial Code of Ukraine, particularly, organizational-commercial ones, resulting in the situation, when the defendant by taking decisions has impact on the claimant’s rights and/or legally protected interests.

However, the Commercial Cassation Court within the Supreme Court considers that judgments of courts of the first and appeal instances on the violation of the claimant’s rights and interests by controversial decisions are wrongful in the view of the following.

The courts found that the claimant was a legal entity. Besides, the claimant was not the founder or a participant of the defendant. Pursuant to the Statute of the Parish and the Statute on Management, the Parish Assembly shall be the highest management body of the Parish. Thus, the defendant’s Parish Assembly shall be exclusively authorized to take decisions on the management of the Parish.

The Court remarks that controversial decisions taken by the defendant only deal with the issues on the management of the Parish and do not determine the issues on the management and control of Horlivka Eparchy of Ukrainian Orthodox Church of Moscow Patriarchate.

The Supreme Court adopted a new judgment – on the refusal to satisfy the claim due to the lack of evidential support of the violation of the claimant’s rights by controversial decisions.

Follow the link http://www.reyestr.court.gov.ua/Review/74842321 to see the full text of the Resolution in the case No. 905/3377/15.