The passage of Law 3894, officially outlawing activities of any Church that is “affiliated” with the Russian Orthodox Church, may provide a critical opportunity to reassess the relationship between Ukraine’s two most important Orthodox religious bodies, the Ukrainian Orthodox Church (“UOC”) and the Orthodox Church of Ukraine (“OCU”), as well as the relationship of the two with the Ecumenical Patriarchate. At the time of the law’s final passage on August 24, a delegation of the Ecumenical Patriarchate — all three delegation members being ethnic Ukrainians — was in Kyiv to explore the opportunities that may now exist for improving the religious situation in Ukraine. During its visit, the delegation met with the top representatives of the UOC, the OCU, and other religious organizations in an effort to establish a dialogue to help resolve the religious situation in Ukraine. The present may be an opportune time for seeking solutions because the UOC is the primary target of Law 3894 and may now be considering ways to avoid being terminated by the Law.
One option the delegation may be considering is the establishment of a temporary structure of the Ecumenical Patriarchate in Ukraine to receive parishes, and even dioceses, of the UOC seeking to escape the effects of Law 3894. The OCU is strongly opposed to this option and argues that the Ecumenical Patriarchate has given the OCU exclusive jurisdiction over Ukraine. However, having granted such exclusive jurisdiction, the Ecumenical Patriarchate should have the power to create a structure, limited in duration, which seeks to provide relief in an unusual and urgent situation.
The OCU argues that the solution is for the UOC parishes and dioceses to transfer to the OCU. This would be a complete capitulation by the UOC to the OCU. A considerable number of UOC parishes have already transferred to the OCU. Often parishes have transferred to the OCU without their pastors, but the OCU does not have sufficient priests to staff all of these parishes. A majority of the UOC parishes will probably not transfer because of their great animosity toward the OCU.
The animosity between the UOC and the OCU has become so great that many UOC parishes would prefer to be terminated and to continue their existence without their buildings and governmental recognition rather than join the OCU. The reasons for this animosity include the following:
(1) the belief that the OCU does not have apostolic succession and that the ordinations of the OCU are not valid;
(2) the belief that the OCU is responsible for the violence and “seizure” of UOC churches;
(3) the fact that the OCU has vigorously campaigned for the elimination of the UOC through Law 3894 and through other means.
Although the UOC has severed eucharistic communion with the Ecumenical Patriarchate, the Patriarchate does have apostolic succession, has not been involved in the “war” over churches, and has not vigorously campaigned for Law 3894.
There are now some indications that parts of the UOC, which would find joining the OCU completely unacceptable, would seriously consider joining a temporary structure under the Ecumenical Patriarchate. Because the UOC is not united in its views, this option may involve only part of UOC. In any event, the delegation in considering solutions should be prepared to “think outside of the box”; now may be a unique opportunity for improving the present religious crisis in Ukraine.
(Peter Anderson)





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