Return the temple in Nesterivtsi to believers who need it most
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Community of the UOC in the Nesterivtsi village of the Dunaivtsi district (Khmelnytsky region, Ukraine) was deprived of its temple.
The St. Nicholas temple at Myhaylyka street, 10 was captured by representatives of the Kyiv Patriarchate in June 2016 after former protopriest of Ukrainian Orthodox Church (UOC) Peter Babiy, banned from service for immoral behavior and alcohole abuse, joined the Kyiv Patriarchate.
The schismatic Peter Babiy serves in the seized building of the St. Nicholas church with 5-6 people in attendance. In the same time, more than 30 parishioners gather for the services of the canonical UOC in the premises assigned to them by the Nesterivtsi local authorities - in the former sewing workshop.
The UOC community has already won one case in the district court. Then the court ruled that in connection with the seizure of the temple in June 2016, it was necessary to start a criminal investigation.
On March 30, the Khmelnitsky Commercial Court was to hear the lawsuit of the community of the UOC of the village of Nesterivtsi in the Dunayevets district of the Khmelnytsky region. However, representatives of the Kyiv Patriarchate hadn't had submitted the documents necessary for the trial to the court in time, and the lawyer of the UOC community did not have time to get acquainted with them. The hearing was postponed.
On April 19, the Khmelnitsky Commercial Court heard the lawsuit. As the community lawyer told the community, the judge explained his decision by saying that the believers of the UOC provided "insufficient number of documents confirming their ownership of the church in honor of St. Nicholas". The lawyer is already preparing an application to the Rivne Court of Appeal.
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