The Human Rights Argumentation of the UOC-MP as a Strategy of Institutional Self-Preservation Under Conditions of Armed Aggression

Authors

• Mariia Rudiuk, Heidelberg UniversityFollow
• Valeriy Bulatov, Ukrainian Institute of Arts and ScienceFollow

Author ORCID Identifier

0000-0002-3393-1966

Abstract

The article examines the strategy of institutional self-preservation employed by the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) under conditions of Russian armed aggression. The relevance of the topic is determined by the adoption of Law of Ukraine No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations,” aimed at limiting the influence of religious structures affiliated with the aggressor state. Particular attention is devoted to the ways in which the UOC-MP utilizes democratic legal mechanisms and European human rights rhetoric in order to delay or neutralize Ukraine’s national security measures. The article analyzes the key elements of this strategy, including appeals to the principle of the state as a “neutral arbiter,” the use of the case law of the European Court of Human Rights to portray state audits as interference with freedom of religion, and the substitution of institutional responsibility with the personal responsibility of individual clergy members. It also examines the use of property rights arguments in disputes concerning the Kyiv Pechersk Lavra and the Pochaiv Lavra. The conclusions substantiate the concept of a “trap of democratic standards,” whereby human rights norms developed for a peaceful democratic environment may, under conditions of hybrid warfare, be employed for the institutional protection of structures affiliated with the aggressor state. The study demonstrates that Ukraine is compelled to act with heightened procedural caution, adhering to the principles of proportionality, legal justification, and the standards established by the European Court of Human Rights. This has given rise to the phenomenon of “paralyzed implementation,” in which democratic procedures significantly slow the practical restriction of the influence of religious structures integrated into the Russian church-political sphere.

Recommended Citation

Rudiuk, Mariia and Bulatov, Valeriy (2026) "The Human Rights Argumentation of the UOC-MP as a Strategy of Institutional Self-Preservation Under Conditions of Armed Aggression," Occasional Papers on Religion in Eastern Europe: Vol. 46 : Iss. 6 , Article 8.
DOI: https://doi.org/10.55221/2693-2229.2841
Available at: https://digitalcommons.georgefox.edu/ree/vol46/iss6/8