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18.04.2023

A court declined the request of the prosecutor’s office to consider an indictment concerning the provocation related to the singing of the song in the Lavra

news.church.ua

001The Pecherskyi Court of Kyiv refused to consider the case of Archimandrite Zachariah, a monk of the Kyiv Caves Lavra who is suspected of ‘justifying the Russian Federation’s aggression against Ukraine’ by the SBU (the Security Service of Ukraine). It is attested by the court’s ruling dated 7 April 2023, the Information and Education Department of the Ukrainian Orthodox Church informs.

The judge pointed out in his ruling that the indictment ‘does not comply singificantly’ with the requirements of the Criminal Procedural Code of Ukraine (article 291 of the CPCU).

In particular, it is mentioned in the ruling that ‘the circumstances enumerated by the court undoubtedly attest the absence of a full-fledged (specific) procedural description, and, hence, its being appointed for judicial examination would contradict the provisions of part 3 of article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms’.

After studying the indictment, the court also could not determine how exactly Archimandrite Zachariah had ‘committed a crime’.

The judge also emphasised that it was unclear to him what exactly the premises of the church had been at the moment of the performance of the song: a means or a tool.

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