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Freedom of religion in Ukraine

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Through Executive (government), Soviet Union and Jews

Freedom of religion or belief in Ukraine is guaranteed by the country's constitution. In practice, freedom of religion or belief in Ukraine is under severe pressure due to the Russian war of aggression against Ukraine and its consequences, in particular the occupation of parts of Ukraine by Russia.

In 2023, the country scored 3 out of 4 for religious freedom in the Freedom in the World report of the non-profit organization Freedom House.

Ukraine's laws guarantee the right of religious freedom, and provide a legal framework for the registration of religious groups.

Constitutional framework

The constitution provides for freedom of religion and worship. Article 35 of the Constitution of Ukraine lists freedom of religion or belief as a fundamental right:

"Everyone shall have the right to freedom of personal philosophy and religion. This right shall include the freedom to profess any religion or profess no religion, to freely practice religious rites and ceremonial rituals, alone or collectively, and to pursue religious activities.

The exercise of this right may be restricted by law only to protect the public order, health and morality of the population, or to protect the rights and freedoms of other persons.

The Church and religious organisations in Ukraine shall be separated from the State, and the school shall be separated from the Church. No religion shall be recognised by the State as mandatory.

No one shall be exempt from his/her duties to the State or refuse to abide by laws on religious grounds. If the performance of military duty contradicts the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (non-military) service."

By law the government may restrict this right only in the “interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.” The constitution provides for the separation of church and state. Ukraine has been described as having "relatively decent standards" when it comes to legal protections of religious freedom.

By law the objective of religious policy is to “restore full-fledged dialogue between representatives of various social, ethnic, cultural, and religious groups to foster the creation of a tolerant society and provide for freedom of conscience and worship.”

Government agencies authorized to monitor religious organizations include the Prosecutor General, the Ministry of Internal Affairs, and all other “central bodies of the executive government.”

Obligations under international law

Ukraine signed the International Covenant on Civil and Political Rights on 20 March 1968 and ratified it on 12 November 1973 (as part of the USSR), which includes the right to freedom of thought, conscience and religion in Article 18.

Religious organization registration

The law requires a religious institution seeking to receive official status as a legal entity to register both as a religious organization and as a nonprofit organization. To obtain official religious status an organization must register either with the Ministry of Culture, the government agency responsible for religious affairs, or with regional government authorities, depending upon the nature of the organization. Religious centers, administrations, monasteries, religious brotherhoods, missions, and religious schools register with the Ministry of Culture. Religious groups and congregations register with the regional authorities where they operate, either with the city government in Kyiv or the respective oblast government outside of Kyiv. While these religious groups and congregations may form the constituent units of a nationwide religious organization, the nationwide organization does not register on a national basis nor may it obtain recognition as a legal entity; rather, the constituent units register and obtain legal entity status.

Without legal entity status, a religious group may not own property, conduct banking activities, or publish materials. Per the stipulation against national registration, only the registered constituent units of a nationwide religious organization may own property or conduct business activities, either for themselves or on behalf of the nationwide organization. The law grants property tax exemptions to religious organizations and considers them nonprofit organizations.

Only registered religious groups may seek restitution of communal property previously confiscated by the government of the Soviet Union. Religious groups must apply to regional authorities for property restitution. The law states consideration of a restitution claim should be completed within a month. All major religious organizations have appealed the government to establish a more transparent process for addressing property restitution, and have complained that the process often takes longer than the month proscribed by law.

Eligibility requirements

To be eligible for registration, a religious group must have at least 10 adult members and must submit its statutes to the registration authorities. To obtain status as a nonprofit organization, a religious group must register with the Ministry of Justice, which is responsible for maintaining the government’s register of legal entities. This register lists all entities with this status, including religious ones. The law does not specify which of the two registration procedures must be undertaken first.

Religious organizations and the military and prisons

The law requires commanders of military units to allow their subordinates to participate in religious services but bans the creation of religious organizations in military institutions and military units. The Ministry of Defense defines selection criteria for clerics to become chaplains, the status of chaplains in the chain of command, and their rights and duties in the armed forces, National Guard, and State Border Guard Service. The law prohibits priests of the UOC-MP from serving as chaplains on military bases or in conflict zones, which has drawn protest from the UOC-MP.

The law allows alternative nonmilitary service for conscientious objectors. The law does not exempt the clergy from military mobilization.

The law gives prison chaplains access to both pretrial detainees and sentenced inmates. It also protects the confidentiality of confession heard by prison chaplains, prohibits the use of information received during confession as evidence in legal proceedings, and does not allow the interrogation of clerics, interpreters, or other persons about matters associated with the confidentiality of confession.

Regulations on religious education

It is forbidden to teach religion as part of the mandatory public school curriculum and states public school training “shall be free from interference by political parties, civic and religious organizations.” Public schools include ethics of faith or similar faith-related courses as optional parts of the curriculum.

Religious groups are allowed to establish theological schools to train clergy and other religious workers, as well as seek state accreditation through the Ministry of Culture for their curriculum. The law states theological schools shall function based on their own statutes.

Other rules and restrictions

According to the constitution, organizers must notify local authorities in advance of any type of planned public gathering, and authorities may challenge the legality of the planned event. According to a 2016 Constitutional Court decision, religious organizations need only to inform local authorities of their intention to hold a public gathering, and need not apply for permission or notify authorities within a specific period in advance of the event.

The Office of the Parliamentary Human Rights Ombudsman is constitutionally required to release an annual report to parliament with a section on religious freedom.

The law restricts the activities of foreign-based religious groups and defines the permissible activities of noncitizen clergy, preachers, teachers, and other representatives of foreign-based religious organizations. By law foreign religious workers may “preach, administer religious ordinances, or practice other canonical activities,” but they may do so only for the religious organization that had invited them and with the approval of the government body that registered the statute of the organization. Missionary activity is included under permissible activities.

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