The Pechersk Court of Kyiv returned to the prosecutor the indictment against Anatoliy Voytenko, known as the Archimandrite of the Ukrainian Orthodox Church of the Holy Dormition Kyiv-Pechersk Lavra Zakharia.
The prosecutorʼs office has already appealed this decision, "Court Reporter" reports.
Zakharia is accused of justifying and denying Russiaʼs armed aggression against Ukraine through singing in the Lavra.
In particular, on November 12, 2022, Zakharia held a service in the Lavra, and the parishioners performed the religious song "La Vierge".
"The bell floats, floats over Russia, mother Russia is waking up," — sounded in the walls of the church. After that, the Security Service of Ukraine started criminal proceedings regarding the glorification of the aggressor country.
Zakharia is accused of having contributed to the performance of the song and did not prevent it.
At the same time, the Pechersk District Court of Kyiv refused to consider the case on its merits and returned the indictment to the prosecutor. The decision states that the indictment must be clear to both the parties to the criminal proceedings and the court.
The court considers that the indictment does not contain a complete (specific) procedural statement of the wording of the indictment. His assignment to the trial will contradict the provisions of clause [a] part 3 of Article 6 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, according to which the accused has the right to be informed immediately and in detail in a language understandable to him about the nature and reason of the accusation against him.
The court called the essential non-compliance with the requirements of the Code of Criminal Procedure as the basis for the return of the indictment.
The prosecutorʼs office, in turn, emphasized that they do not agree with the courtʼs conclusion and appealed this decision in a legal manner.