Letter by Archbishop Volodymyr, Deputy Abbot of the Pochayiv Lavra, to the Public Prosecutor of the Ternopil Region

Ukrainian Orthodox Church

In response to the decisions adopted by the regional council of Ternopil concerning the Pochayiv Lavra on Thursday, February 18, Deputy Abbot of the monastery, Archbishop Volodymyr of Pochayiv addressed the Public Prosecutor’s office of the Ternopil region with a letter.

As it was stated in the letter sent to the Public Prosecutor of the Ternopil regionI.I. Melnychuk, by its resolutions the regional council violated the Constitution of Ukraine and the Law of Ukraine “On Local Self-Governance.

Thus, the regional Council of Ternopil adopted a number of resolutions concerning the Holy Dortmition Pochayiv Lavra: of August 27, 2009 № 745 “On setting up the temporary supervisory commission of the regional council of Ternopil for checking the legitimacy of the transfer of the church estate in Pochayiv to the UOC of the Moscow Patriarchate, and on observance of the agrarian and migration law”, of February 11, 2010 “On the information of the Про the temporary supervisory commission of the regional council of Ternopil for checking the legitimacy of the transfer of the church estate in Pochayiv to the UOC of the Moscow Patriarchate, and on observance of the agrarian and migration law” and of February 11 № 882 “On the petition of the Holy Dormition Pochayiv Lavra of November 10, 2009 № 64 on assignment of the mining lease for exploiting of the Pochayiv mortar sand deposits”, that contravene the effective legislation.

As it was stressed tin the letter, “the bodies of the local authorities may put forward an initiative concerning the inspections, and organize carrying out of the inspections at the enterprises, institutions and organizations which are not in the communal property according to the issues and powers delegated to them by the bodies of the executive authority. The powers of the local councils are stipulated for by Article 43 of Ukraine “On Local Self-Governance”, and in accordance with the given article the issues of verification of legality of transferring the church estates, and observance of the agrarian and migration law is beyond the competence of the bodies of local authority and the given powers were not delegated by the controlling bodies to the regional council.

Thus, as the document states, the resolution of August 27, 2009 № 745 of the regional council of Ternopil does not meet the requirements of the Constitution of Ukraine and the Law of Ukraine “On Local Self-Governance”.

As a result of the illegal resolution № 745, the local council adopted the resolution of February 11, 2010 “On the information of the temporary supervisory commission of the Ternopil regional council for checking the legitimacy of the transfer of the church estate in Pochayiv to the UOC of the Moscow Patriarchate, and on observance of the agrarian and migration law”.

Addressing the regional Prosecutor, Archbishop Volodymyr noted that no representatives of the Holy Dormition Pochayiv Lavra were engaged in the inspection, and, as a result, the information presented by the deputies, does not correspond to reality. In the information given the commission has failed to indicate violations concerning the legitimacy of the transfer of the estate of church buildings of the Pochayiv Lavra as well as the infringements of the agrarian and migration law. The question follows: “With what purpose and what for was the supervisory commission set up?”

Taking into account the above-mentioned, the Deputy Abbot of the Pochayiv Lavra turned to the regional Prosecutor with request to provide legal estimate of the resolutions of the Ternopil regional council, to check the information and to demand the copies of the documents on the basis of which the resolutions were adopted, and to have protested in accordance with the Law of Ukraine “On Prosecutor’s Office” the resolutions as contradicting the Law of Ukraine “On Local Self-Governance”.

The next step on the part of the Pochayiv Lavra is preparation of the statements of claim on refutation of the unreliable information, presented by the Ternopil regional council, the defense of honor and dignity of the Holy Dormition Pochayiv Lavra and its brethren, compensation of moral damage.

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