TERMINATION OF THE KYIV-PECHERSK LAVRA NATIONAL PRESERVE RENT CONTRACT: LEGAL GROUNDS, FREEDOM OF RELIGION CONSIDERATIONS, AND INTERNATIONAL IMPACT
Authors:   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, TYSAK Leonid , GUZIY Oleg ,   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, HERASIMOVA Tetiana ,   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, MELNYK Anhelina ,   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, VERESHCHAHINA Anastasiia ,   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, ZAKHARCHUK Anastasiia ,   Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
Published: February 2025

Background. This article analyses the legal grounds for the termination of the Kyiv-Pechersk Lavra National Preserve rent contract between the Ukrainian Orthodox Church of the Moscow Patriarchate and the National Preserve "Kyiv-Pechersk Lavra". The article evaluates the degree of interference of the government in the church dealings. On the basis of the documents that regulate the legal affairs between the Ukrainian Orthodox Church of the Moscow Patriarchate and the National Preserve "Kyiv-Pechersk Lavra", this article gives the analysis of the points of view and interests
of all parties involved – an appeal of the contractual parties, the degree of interference of the government and of the potential international resonance.

Methods. Various research methods were employed to achieve the study's objectives. The quantitative legal method was used to analyse legal norms within Ukrainian legislation, including presidential decrees, provisions in the rent contract, and the Ukrainian Orthodox Church's charter. Additionally, the analysis method facilitated the examination of the Constitution and relevant legislation of Ukraine, especially regarding martial law provisions. The synthesis method integrated diverse legal perspectives and government stances to unify the author's research on the legality of contract termination and the extent of government intervention in religious freedom, culminating in a cohesive article.

Results. A thorough study brought results that testify against the Ukrainian Orthodox Church of the Moscow Patriarchate. State bodies' activities and decisions allow us to clearly follow the course of events surrounding the National Reserve "Kyiv-Pechersk Lavra".

Conclusions. As a result of the study, the following conclusions were made: after the adoption of the presidential decree on restrictions on the activities of religious organizations affiliated with the aggressor country on the territory of Ukraine, the Ukrainian Orthodox Church has tried to declare its independence from the Russian Orthodox Church by changing the texts of its vital documents. However, the examination carried out by the State Service of Ukraine for Ethnopolitics and Freedom of Conscience and the countless actions of the Ukrainian Orthodox Church's priests clearly indicates the presence of canonical and monetary connections between the Ukrainian Orthodox Church and the Russian Orthodox Church. Termination of the Ukrainian Orthodox Church's contract for the rent of the premises of the Kyiv-Pechersk Lavra was initiated by the state authorities of Ukraine on legal grounds. The restrictions applied to parishioners and priests of the Ukrainian Orthodox Church are justified and correspond to the conditions of martial law and are not evidence of excessive state interference in freedom of religion. The presence of international resonance
regarding this case is explained by the involvement in the information campaign of a wide network of Russian and pro-Russian information resources, which often manipulate the opinions of people who are not familiar with the legal grounds of the case or are not legally experienced enough.