Lawyer: MinCult early rejoices at the decision to demolish Tithe Monastery
Oleh Povaliaev said that implementing the court decision to demolish the Tithe Church in Kyiv is impossible.
Lawyer Oleh Povaliaev, representing the interests of the Desiatynny (Tithe) Monastery in the Court of Appeal, commented to the UOJ on the decision in which the court decided to demolish the Tithe Church of the UOC.
"How can one execute what is written in the court decision? What if we don't have the money, bulldozers, or workforce? When should we implement the court decision? In a month, in six months, or when? The previous state of the land plot has not been determined by anyone. How long should the demolition last? What is the previous state of the plot? It is unknown, it has not been defined," he said.
The lawyer is convinced that the Ministry of Culture is deeply mistaken in celebrating the court decision to demolish the church.
The lawyer also noted that the court partially satisfied the interests of the monastery by preserving the community's property rights to the church.
"In our view, both the Museum and the Ministry of Culture will file a cassation appeal. What they announced yesterday as a victory, I think they are deeply mistaken. When they delve into the essence of the decision made by the Appellate Court, they will have a question: 'How do we execute this decision, what should we do next?' Therefore, I believe they will appeal it or go to the Economic Court to obtain an enforcement order," he added.
Additionally, the lawyer mentioned that the monastery plans to appeal to the Cassation Court to challenge the decision of the Appellate Court.
"We will file a cassation appeal against this decision. As of today, the property rights to the church remain with the Desiatynny Monastery, so it is an inviolable property right protected by the Constitution," the lawyer added.
As the UOJ reported, the Appellate Court decided to demolish the Tithe Monastery in Kyiv.