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Today Ukraine is hanged over the abyss of darkness - people live in the cynic corrupted society, where rule materialism, immorality, crime and where people are ready to destroy the Holy of Holies, the God's Temple, to get the profit.
The struggle of the clergy and the faithful of the Ukrainian Autocephalous Orthodox Church-Canonical has been lasting since 2002. This struggle is directed to protect the legal rights, which are guaranteed by the Constitution of Ukraine, international acts for the human rights, Ukrainian legislation.
The state represented by its authorities breaks the valid laws about the inhibition of discrimination, refuses to register religious communities, neglects the right of every member of the community of the UAOC-C to the freedom of conscious and religion and obstructs clergy and the faithful to carry out religious activity, enjoy their legal rights and freedoms. Moreover, the state in the person of the prosecutor's office pursuits the Prime of the Church Patriarch Moses, they initiated criminal proceeding against him to break his authority and stop his religious activity. And judicial establishments carried out an order and entered illegal judgment to demolish the Transfiguration of Lord Temple, which was built by the costs of the members of community and by their own hands on the private plot of land of Moses, Patriarch of the UAOC-C.
Since 2008 the Darnytsky district Prosecutor's office in Kyiv has started the discriminatory actions against Patriarch Moses. So, the Prosecutor of the Darnytsky district instituted a claim with demand to demolish the Transfiguration of Lord Temple of the UAOC-C, which was in the process of building at that time, to the Darnytsky district court representing the interests of Ovdienko V.F., whose plot is situated 40 meters from the Temple.
The head of the Darnytsky district court, Leontyuk L.K., passed a sentence of the December22, 2008, and left the Prosecutors' statement of claim against Patriarch Moses (Koulik O.I.) without a trial because according to part 1, point 2, art.207 of Code of civil procedure of Ukraine the prosecutor did not have a right to bring in an action representing the interests of Ovdienko V.F..
But the illegal actions of the Darnytsky district Prosecutor's office did not stop on that. In a year the Darnytsky Prosecutor's office brought in a new action with signed by the deputy prosecutor Gavruschenko V.O., the action at that time representing the interest of Kyiv city Council against Patriarch Moses (Koulik O.I.) about the demolition of the already built the Transfiguration of Lord Temple of the UAOC-C.
The case was tried by Tsymbal I.K, who tried to please the claimants in different ways. They were the representatives of Darnytsky prosecutor's office and Kyiv city council. The main evidence in the case was a statutes of the garden society "Prydniprovsky - 2", which obligated the owners of land plots during Soviet time to build the edifices not bigger than 50 square meters. In the process of consideration of the case it was found out that original copy of the statutes of garden society did not exist, so it couldn't have been the valid evidence in the case. And the owners of other buildings that are also situated at the territory of this garden society do not keep with the rules of this archaic statutes and without difficulty they keep building private houses of 200-500 square meters.
The claimants declared that defendant built the building with substantial violations of building norms and standards and they proved their claim only on the ground of the conclusions which were made after the visual viewing of church buildings. None person who represented the claimants was the specialist in building sphere. Claimants, proving their statements of a claim, did not give any conclusions of expert-technical research or any conclusion of building-technical examination. There was none document which was made by the expert in building sphere.
Tsymbal I.K twice nonsuited to receive the petitions of the attorneys of Patriarch Moses to assign the building-technical examination. Instead of it she organized the visiting assizes on the plot of construction and limited herself with a personal viewing of Patriarch monastery, proclaiming herself the building expert. The judge Tsymbal I.K. for some reasons did not pay attention to the conclusion of the Institute of independent expert examinations about the full correspondence of the building with valid legislation in the building sphere, which was given by the defendant.
After "detailed and objective" investigation of all circumstances of the case the judge pronounced even more "independent and objective" sentence of July 7, 2010 - to sustain the claim on the demolition of the temple and also demolition of the edifice of Patriarch Moses, where clergy with their families live (16people).
The judge Shakhova O.V. tried the case about the demolition of the temple and building for the clergy in the Kyiv Court of Appeals in the same manner as the judge of the Darnytsky district court, Tsymbal I.K. did. During nine sessions of the board of justices of Court of Appeals judgeShakhova O.V. demonstrated openly one-sided and biased treatment to the attorneys of Patriarch Moses. She ignored numerous grounded petitions and challenges. The judge was openly in sympathy with claimants and gave them advantage, and it is the breach of right for the justice and such principles of legislation as justness, the equality of all participants of lawsuit, impartiality and objectivity of the legal proceeding; pleading requirements and the freedom of presenting to the court the evidences and proving its cogence before the judges. Those all are guaranteed by the norms of the Constitution of Ukraine and civil procedure legislation.
During the hearing of March 10, 2011, the head judge Shakhova O.V. groundlessly refused to receive from the attorneys of Patriarch Moses one of the most important document - expert conclusion made by "The state research institute of building constructions", which had special license and which confirmed the congruity of the buildings to the norms of valid building legislation and its full readiness for the operation and their highest category in construction norms. Instead of this conclusion the judge Shakhova O.V. received the conclusion of visual viewing of the buildings from the third person in trial - Inspection of the state architectural building control in Kyiv, which does not have such authority and by the way, it carried the examination from behind the fence, but not inside the building.
Only during the hearing of June 30, 2011 the attorneys of Patriarch Moses succeed to add the needed documents to the case materials. But as an answer on the application made for the third time to assign the technical building examination the board of justices headed by Shakhova O.V. nonsuited to satisfy such application. But the right of the defendant to have an examination, as one of kind of evidence is guaranteed in article 10, part1, point 27, point 60 of the Code of civil procedure of Ukraine.
None from the board of judges of Court of Appeals (Shakhova O.V., Golovatchov Y.V., Polyvach L.D.), who tried the case were the experts in the building sphere, so they couldn't use the knowledge in the building sphere and determine fully the objectivity and trustworthiness of all evidences presented by claimants and defendants.
Refusing to satisfy the petition of the representatives of Patriarch Moses about the assignment of the technical building examination, judge Shakhova O.V. deprived of the opportunity to add the conclusion of the expert, which could refute claimants' demands about the fact that the buildings of Patriarch Moses were built with the breach of state building standards. In that case the judge Shakhova O.V. roughly violated the article 10 of the Code of civil procedure of Ukraine, which stipulated that "civil legal proceeding is realized on the basis of pleading requirements of parties; parties and other people who take part in the trial have equal rights to give evidences, to investigate and to prove its cogence in the court."
These facts give strong reasons to consider that the consideration of this case was carried out in biased and inequitable manner, with the breach of general equality and pleading requirements principles and other norms of Code of civil procedure of Ukraine. Pretended justice in the Kyiv Court of Appeals of the capital of Ukraine, which was passed by judge Shakhova O.V. lasted during 10 month. But it was shown how brutally and cynically is carried out the repressions against the defendant - Patriarch Moses and the community of the UAOC-C.
On September 8, 2011 in the Kyiv Court of Appeals the last session on this case was carried out. The application about the assignment of the building examination was made by the representatives of the defendant once again. But the board of judges headed by judge Shakhova O.V. again nonsuited groundlessly to satisfy that petition. Such actions of the judged showed the full neglecting of all norms of the Code of civil procedure of Ukraine.
The attorneys challenged the board of judges, but the board of judges with head judge Shakhova O.V. nonsuited to satisfy that application.
Generally, during the nine sessions of Kyiv Court of Appeals there were made more than 30 applications by the representatives of Patriarch Moses, but most of them were illegally nonsuited. Six times the application of challenge was made to the head judge Shakhova O.V., but they were groundlessly nonsuited.
During the last session on September 8, 2011 Shakhova O.V was very quick to keep the promise to the interested people and to pass a judgment in this case. During the trial the judge hurried up the attorneys of Patriarch Moses all the time, limited their time for the speeches. The trial lasted more than 5 hours without a break.
The representatives of Patriarch Moses in the Court of Appeals fully proved the legality of church buildings. It was proved by the documents in the case: expert conclusion, which was made by "The State research institute of building constructions." It was made by the group of scientists, Candidate and Doctor of science. Also three expert conclusions made by The Independent Institute of Forensic Examinations, by the expert, who has candidate's degree in technical sciences, qualification of forensic expert. Also there were: Technical conclusion of the engineering geological examination, the plans of the buildings, technical passports, permission for reconstruction, etc.
The conclusions which were given to the judges and added to case materials identified the absence of the breaches of state building norms during the building process.
But there were given no special conclusion from the side of the claimant about breaches of state building norms during the building process.
The Darnytsky Prosecutor's office in Kyiv gave no answer: what kind of state interest was broken by Patriarch Moses, when he built church buildings on his own plot of land? And the claimant broke the valid legislation when he referred to the non-existent building norms (BCN 43-85 and art.8 of Statutes of GS"Prydniprovsky-2"), and that fact was established in The Court of Appeals.
All these facts prove the legality of buildings of Patriarch Moses and illegality of the judgment of Darnytsky district court, which was passed byTsymbal I.K. But it did not prevent corrupted judge Shakhova O.V. on September 8, 2011 from passing the illegal judgment in favour of claimant (Darnytsky district Prosecutors' office and Kyiv City Council) - "to nonsuit in satisfaction of the appellant complaint the representative of Patriarch Moses (Koulik O.I.) in full and leave without changes the judgment of the first instance."
Systematic and purposefully illegal actions of state authorities testify that discrimination against the UAOC-C of many years have turned today into the open repressions. Because interested people have an access to the state authorities, they seek to exterminate physically Patriarch Moses and to demolish the Transfiguration of Lord Temple built by him on his private plot of land.
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