UOC defense: Yelensky’s statements aim to discredit the right to fair trial

Viktor Yelensky. Photo: DESS Facebook page

Lawyers representing the Kyiv Metropolia of the UOC have rejected statements made by DESS head Viktor Yelensky. The defense views his public remarks as an attempt to obstruct the lawful professional activities of attorneys.

The lawyers responded to the official’s claim that the Kyiv Metropolia’s lawsuits and the work of its attorneys were allegedly aimed solely at preserving ties with the Moscow Patriarchate. They stressed that such statements are unsupported by facts and constitute direct pressure on the judiciary.

“Claims that all lawsuits filed by the Kyiv Metropolia, the work of its lawyers, and its international legal communications are being pursued ‘solely in order to remain part of the Russian Orthodox Church’ are groundless, unsupported by any evidence, and discredit the right to judicial protection guaranteed by the Constitution of Ukraine,” the attorneys said.

The lawyers noted that eight separate court cases brought by the Kyiv Metropolia are currently under consideration, with DESS acting as either the defendant or a third party. In these proceedings, the defense is challenging the legality of seven orders issued by the state agency and seeking their review by an independent court.

The attorneys emphasized that the lawsuits are aimed exclusively at reviewing whether officials acted lawfully and whether their decisions comply with the law.

On this topic Yelensky: There is a risk the UOC could appeal to ECHR and win

The defense expressed particular concern that Viktor Yelensky was attempting to present his agency’s position as an established fact even though the courts are still examining the circumstances of the cases. According to the attorneys, this creates a false public perception that DESS decisions are lawful before their legal review has been completed, which is incompatible with the rule of law.

The lawyers described accusations that the Metropolia’s attorneys were allegedly acting in the interests of the Russian Orthodox Church or participating in efforts to discredit Ukraine as “subjective judgments.” They stressed that such statements effectively obstruct their professional work and the fulfillment of their constitutional duty.

“The final legal assessment of the lawfulness of DESS actions and decisions will be made exclusively by an independent and impartial court,” the defense representatives concluded. They called on government officials to refrain from attempting to influence public perceptions of ongoing court proceedings before the disputes have been resolved.

As the UOJ previously reported, Yelensky announced new investigations into alleged affiliation with the Russian Orthodox Church following the Pochaiv Lavra case.

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