Reg.RG.No. 12

THE COURT OF FIRST INSTANCE SKOPJE II SKOPJE – as a Civil court of first instance, with jurisdiction over the Only Judicial Registry of Churches, Religious Communities and Groups, through the judge Margarita Toshanova, as an individual judge, acting upon the request for entering into the Only Judicial Registry the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec, with temporary residence on str. Kochanska, no. 2/23 Bitola, not in due judicial hearing, on 28 July 2009, reached the following

DECISION

that the request to be registered in the Only Judicial Registry of churches, religious communities and groups, kept at the Court of First Instance Skopje II Skopje, by the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, with temporary residence on str. Kochanska, no. 2/23 Bitola, IS REJECTED.

RATIONALE

The Court of First Instance Skopje II Skopje received an application for enlisting – an entry into the Only Judicial Registry of churches, religious communities and groups of a “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, with temporary residence on str. Kochanska, no. 2/23 Bitola.

The following documents were attached to the application: Minutes from a session of the Synod, Decision for foundation of a “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, a Rulebook on determining the status, organization and operation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, Statement, a Decision for appointing a person authorized for representation and presentation, Decision for appointing a person authorized for submitting the application for registration and three copies of citizenship certificates.

The court, by decree-letter Reg.RG.no. 12 from 10 July 2009, from 23 July 2009, as well as from 24 July 2009, obliged the application nominator-submitter to act upon the decree in a manner by which he shall deliver an original copy of the citizenship certificate for the person Vancho Jovchevski, not older than 6 months from the day of the issue thereof, at the nonperformance of which within the given time limit, the court shall reach a decision in accordance with art. 12 par. 4 from the Law on the legal status of a church, religious community and religious group.

The court addressed a Request Reg.RG.no. 12 from 10 July 2009 to the Macedonian Orthodox Church – Ohrid Archbishopric and asked the same to deliver an explanation of the term “Patriarchate of Pec”, is it a religious community, and if it is a religious entity with legitimate legal status, where it belongs and on which territorial-canonic district it conducts its religious work.

The court was unable to deliver the decrees Reg.RG.no 12 from 10 July 2009, 23 July 2009, as well as from 24 July 2009, to the person authorized since he had not indicated a mailing address where it shall deliver its writs, therefore, and since the requested evidence would not have influenced a decision contrary to the one reached, the court decided to act upon the application.

The written application Reg.RG.no 12 fro 10 July 2009 was duly received by the Macedonian Orthodox Church – Ohrid Archbishopric on 13 July 2009.

On 21 July 2009 there was an answer by the religious entity Macedonian Orthodox Church – Ohrid Archbishopric, by which it informs the court that the term “Patriarchate of Pec” is part of the name of the Serbian Orthodox Church (provided for in its Constitution, art. 3, 11 ite, 1 and 13 par. 2) and the same denotes the historical continuity of the Serbian Orthodox Church as a canonic successor of the Patriarchate of Pec, just as the name Ohrid Archbishopric is the name of the Macedonian Orthodox Church. The name Ohrid Archbishopric is protected by the Macedonian Orthodox Church in the State Institute for Industrial Property under TM no. 2004/578. The Serbian Orthodox Church, that is, the Patriarchate of Pec has no canonical or any other sort of jurisdiction over the Macedonian Orthodox Church, nor on the territory od the Republic of Macedonia.

The court, acting upon the request, took it into consideration, reviewed the evidence enclosed with the request; in the evidence submitted later, reviewed the answer by the Macedonian Orthodox Church – Ohrid Archbishopric, as well as the court case Reg. C. no. 1/08 from 11.November 2008, and establishes the following factual situation:

On 27 April 2009, on str. Kocanska no. 2/23, in Bitola, a session was held by the so called Holy Synod of Bishops of the so-called Orthodox Ohrid Archbishopric.

The session was held at the summons of the so-called – His High Reverence, the Bishop of Polog and Kumanovo and Administrator of Debar and Kicevo Joachim, and after the proposal of the so-called, His Beatitude, the Archbishop od Ohrid and Metropolitan of Skopje, Jovan.

The following were present at the session: the so-called bishop Joachim Jovchevski; bishop Marko Kimev and bishop David Ninov.

The sole item on the agenda was reaching the acts for establishment to submit to the court a request for the registration of “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, with temporary residence on str. Kochanska, no. 2/23 Bitola.

Minutes were taken from this session, which were signed by the so-called chairman of the Holy Synod of Bishops, the Bishop of Polog and Kumanovo and Administrator of Debar and Kichevo – Joachim and the so called Bishops of Bregalnica and Administrator of Bitola Marko and Bishop of Stoby, Administrator David, members thereof.

At the same session a Decision was reached for the foundation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, with temporary residence in Bitola on str. Kochanska, no. 2/23 for submitting an application to the Court of First Instance Skopje II Skopje for the registration thereof in the Registry of churches, religious communities and religious groups in the Republic of Macedonia.

According to the same decision, the secretary of the so called Holy synod of Bishops, the so called Bishop of Stoby, David Ninov, has been authorised to be representative of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, in the interactions with the other legal entities until the return of the so-called, His Beatitude Archbishop of Ohrid and Metropolitan of Skopje, Jovan, and at the same time, the same has been designated to submit the request-application for registration of “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” in the authorized court register.

With this decision a person to represent the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” has not been authorized. The decision was signed by the so called chairman of the Holy Synod of Bishops, the Bishop of Polog and Kumanovo and Administrator of Debar and Kichevo, and the members – the so called Bishop of Bregalnica and Administrator of Bitola Marko and Bishop of Stoby, Administrator David.

At the same session rules of procedure were reached so as to establish the status, organization and operation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, which do not have signatures..

In art. 1 of the rules of procedure it has been stated that the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is a divine institution headed by the Lord Jesus Christ and is inseparably, dogmatically related to all orthodox Christ’s Churches, while art. 2 states that “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is an autonomous church within the canonical field of operation of the Patriarchate of Pec and is governed independently within its autonomy.

One of the 5 constitutionally recognized religious communities in the Constitution of the Republic of Macedonia is the Macedonian Orthodox Church – Ohrid Archbishopric – MOC with its seat in Skopje on bvd. Partizanski Odredi No. 12.

The preamble of the Constitution states that the renewal of the Ohrid Archbishopric is in the form of its canonical successor the Macedonian Orthodox Church. With a decision of the Archbishopric church-people’s Council, held on 17 July 1967 in Ohrid, it has been renewed, that is, it has been proclaimed an Autocephaly of the Ohrid Archbishopric in the form of the Macedonian Orthodox Church.

Article 9 of the Constitution of the Macedonian Orthodox Church rules that the Macedonian Orthodox Church is headed by an Archbishop as its leader. Paragraph 2 of the same article of the Constitution elucidates that the title of the Archbishop is: Archbishop of Ohrid and Macedonia, and is addresses with “Your Beatitude”.

The Macedonian Orthodox Church – Ohrid Archbishopric – MOC, until the reaching of the Law on religious communities and religious groups (“Official Gazette of RM” No. 35/97), was appropriately recorded in the Ministry of Internal Affairs, as per the existent Law on the legal position of the religious communities (“Official Gazette of RM” No.39/77), and after entering into force of the Law on religious groups and religious communities, according to art. 35 par. 2 of the abovementioned Law, it was the first to adjust its operation before all other religious communities and was the first to register and apply before the Commission for Relations with the Religious Communities and Religious Groups.

The Ministry for Internal Affairs issued the Macedonian Orthodox Church a certificate under UP.no.30-2468/1 dated from 22 February 1983, to represent an evidence of the registration thereof in their registry, and according to the Law on religious communities and religious groups, by the Republic Commission for relations with the religious communities a certificate no. 12-152/3 was also issued, dated from 12 January 1998, which certifies that the Macedonian Orthodox Church was evidenced as registered in the Ministry of Internal Affairs it has been transferred in the register of religious communities and religious groups kept by the Commission for relations with the religious communities and religious groups, registered under number 1.

According to art. 35 par. 1 of the Law on the legal position of the church, religious community, religious group (“Official Gazette of RM” no. 113 dated from 20 September 2007, which is applied from 1 May 2008), the body responsible for the relations between the state and the religious communities, within the set time limit of 60 days from the day of coming into force of this law, submitted to the Court of first instance Skopje II Skopje, the data and documents of the existent churches, religious communities and religious groups registered in its registry.

According to the aforesaid art.par.1, the Court of first instance received the data and documents for the Macedonian Orthodox Church – Ohrid Archbishopric, the court, as per par. 2 of the same article, transferred and registered that data in the official Court registry, based on which it issued the decision Reg. C. no. 1/08 dated from 11 November 2008, according to which decision it has been expressed that the Macedonian Orthodox Church – Ohrid Archbishopric, called Macedonian Orthodox Church (MOC) in common parlance, shall retain the existent legal subjectivity and status for reasons that the same, until 1998, was registered by the body competent for issues pertaining to the relations between the state and the religious communities.

According to the answer received from the Macedonian Orthodox Church – Ohrid Archbishopric, the term “Patriarchate of Pec” is part of the name of the Serbian Orthodox Church and it denotes the historical continuity of the Serbian Orthodox Church as successor of the Patriarchate of Pec, just as the name Ohrid Archbishopric is the name of the Macedonian Orthodox Church. The title Ohrid Archbishopric was protected by the Macedonian Orthodox Church in the State Institute for Industrial Property under TM no. 2004/578. The Serbian Orthodox Church, i.e. Patriarchate of Pec has no canonical or any other jurisdiction over the Macedonian Orthodox Church, nor, over the territory of the Republic of Macedonia.

This factual situation was established by the court by virtue of the submitted evidence, previously evaluated separately, and later all together, and in accordance with art. 7 and 8 from ZPP and the regulations of ZVP.

As per the established factual situation, the court deems that the material conditions for registering “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” in the Only Court registry of churches, religious communities, and religious groups, kept by this court, have not been fulfilled, for the following reasons:

With decree no.07-3833/1 dated from 5 September 2009, a Law on the legal position of the church, religious communities and religious groups (“Official Gazette of RM” no. 113 dated from 20 September 2007) was reached

In art.1, par.1 of the cited Law, it is said: “This Law arranges the establishment and legal status of the Church, religious community and religious group, the arrangement of religious service, prayer and religious rite, religious teaching and educational activities, the revenues of the church, religious group and religious community, as well as other issues.”

According to art. 2 of the same law - “Church, religious community and religious group, within the concepts of this Law, is a voluntary community of natural persons who with their religious belief and the sources of their teaching realize the freedom of religious confession, united by faith and identity expressed through equal performance of religious service, prayer, rite and other expression of the faith”.

According to art. 10, par. 1 of the above cited law “The name and the official marks of each new church, religious community and religious group should differ from the name and official marks of the already registered churches, religious communities and religious groups”. Paragraph 2 of the same article explains that: the word “Macedonia”, its derivations, as well as the translations of this word, the emblem and flag of the Republic of Macedonia may be inserted in the name and marks of the churches, religious communities and religious groups in a manner which would emphasize the reputation and dignity of the Republic of Macedonia”, and paragraph three of the cited article, provides that: “For the use of the name “Macedonia”, the Ministry of Justice is the one to give written consent”.

According to art. 12, par. 2., item 5 of the request from par. 1, a decision should be submitted by which a person shall be authorized to represent the church, religious community or religious group, and according to art. 13, par. 1, item 2, it is determined that the foundation act shall contain the seat and address of the church, religious community and religious group in the Republic of Macedonia”.

In article 16, par. 1 of the above cited law, it is said that “Unless the material conditions of this Law for registration of churches, religious communities and religious groups are fulfilled, the court shall discard the request”.

Having in regard the cited regulations from the Law, it has been concluded that the same treats merely the legal position of the religious entities to which it refers and establishes their position in regard to the other legal entities, and it especially arranges the manner of their foundation as a type of civil association and determines their legal status, organization and operation, arrangement of religious services, prayer, religious rites and all that has been foreseen by this Law in the domain of their operation and action.

With the aforesaid regulations, the legislator has determined only notionally the types of civil associations in the form of a church, religious community and religious group, which should, before all, be associations of a voluntary community of natural persons, in which community-association, being a religious entity, with its religious beliefs and based on the sources of their teaching, the natural persons shall attain their freedom of confession, in the meanwhile united by faith and identity expressed through equal performance of religious service, prayer, rite and other expression of faith.

In the context of the above cited legal regulations this is not the case here, on account of the following:

First: As it may be noted from the documents in this subject, the court received a request for entering and registration of a religious entity under the name of “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, the foundation of which was decided by the so-called Holy Synod of Bishops at its session held on 27 April 2009, which is opposed to the legal regulations which provide that the foundation act should be decided upon by natural persons after a previously held constitutional assembly by them.

This leads to the conclusion that in this case the constitutional Assembly of natural persons at which a decision for foundation of a voluntary community with a name designated in the request has not been held, and the submitted request for entering of the religious subject is a result of a decision reached by a body- the so-called Holy Synod of Bishops.

The procedure to reach this decision breaches the above cited Law.

Second: The submitted request for entering-registration of the religious entity noted in the request as “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is in violation of the form since it requests registration of a subject which has not been provided for in the abovementioned Law, which is in opposition of art. 1, par. 1 and art. 2 of the Law, based on the interpretation of which it would mean that the name denotes the fact that it is a Church, religious community or religious group and to point to the type of expression of the faith done through it, that is, it should denote the type of religious entity the record of which is required.

In this case, from the paperwork of the subject it may be concluded that the denoted name points to the fact that a registration is required of a divine institution in the form of an Archbishopric which belongs to the canonical area of the Patriarchate of Pec, and which shall be governed within its autonomy, and in no case does it point to the fact that a request is made for the registration of a voluntary community of natural beings in the form foreseen by the law.

In the context of this so-called decision for the foundation and the rulebook for the establishing of the status, organization and operation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, according to which the constitution of the organization and operation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is and Archbishopric as a divine institution and which rulebook mentions only the organization of this Archbishopric and not the voluntary community of natural persons, founded for the purposes provided for in art. 2 of the abovementioned Law.

Such constitution, status and operation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, in the form foreseen by the so-called decision for foundation and the rulebook thereof is contrary to the abovementioned Law.

Third: The submitted request is contrary to the cited art. 10 of the aforesaid law, which clearly denotes the name and official marks of each new entity that are to be included, that is, that the same should differ from the names and official markings of the already registered religious communities, and a particular focus has been put on the “word” that denotes name of a given state, its derivations and translations with all the emblems of the country and the manner in which these may be included in the name of the religious entity. This means that neither the abovementioned article, nor any other provision of the Law on the legal state of a church, religious community and religious group, has it been mentioned or given the opportunity to require for the name of the religious entity whose registration is requested to ask for a permission to use names, or derivations thereof, which are part of, or remind of official names, that is state names, or of already registered religious communities, or refer to canonical territories – areas which cannot be influenced by the Law on the legal position of a church, religious community and religious group, but they are within a different jurisdiction.

Having this in mind, the aforesaid request, by denoting the name of the religious entity to be “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, a violation has been made by the use of the word “Greek”, which is a translation of the words “Orthodox Church” from the English language and which is used as a term in the English speaking areas, and which is contrary to par. 3 of art. 10 of the aforesaid Law.

The use of words such as “Orthodox Ohrid Archbishopric” as part of the name in the abovementioned request is also a violation of art. 10, because it is part of the generic-historical name, and is not different from the words which are part of the name of an already registered community, Macedonian Orthodox Church – Ohrid Archbishopric, known as Macedonian Orthodox Church (MOC).

This is because according to the opinion of the court, this legitimate religious community, is protected as a legal subject regarding its status, name and official emblems, by the Law on the legal state of a church, religious community and religious group, since the place and the role of the same have been established by the Constitution of the Republic of Macedonia.

That this is so, it is stated in art. 9 of the Constitution of the Republic of Macedonia, according to which the citizens are equal in their freedom and rights regardless of the gender, race, colour of the skin, national and social background, political and religious belief, their wealth or poverty, and according to par. 1 of article 16, the Constitution guarantees the freedom of belief, conscience, thought and public expression of opinions.

According to art. 19 of the Constitution of the Republic of Macedonia, the citizens are guaranteed the freedom of religious confession, and paragraph 2 guarantees free and public, individual or in a community with others, expression of faith.

Paragraph 3 of the same article says that the Macedonian Orthodox Church and the Islamic religious community, the Catholic Church, the Evangelical-Methodist Church, the Jewish community, and other religious communities and religious groups are separated from the state and are equal before the Law.

These are the reasons why the use of the words Orthodox Ohrid Archbishopric in the name of the religious entity the registration of which is requested, entails violation of paragraph 1 of article 10, since it implies to another religious community in the image of the constitutionally determined Macedonian Orthodox Church – Ohrid Archbishopric, who uses this name constitutionally, historically, in the present and in continuity with the entire church-enlightening and spiritual life in its primogenial and longer-than-eight-hundred (800) years existence, and based on this it is the only one who has historic, ecclesial, moral and substantial right.

All of this is expressed in the preamble of the Constitution of the Macedonian Orthodox Church-Ohrid Archbishopric, where it has been stated that the renewal of the Ohrid Archbishopric is in the image of its canonic successor the Macedonian Orthodox Church, and this has been determined in the decision of the Archbishopric\'s Church-people\'s council held on 17 July 1967 in Ohrid, where it was renewed, that is, autocephaly of the Ohrid Archbishopric was proclaimed in the image of the Macedonian Orthodox Church.

Such role and position of the Macedonian Orthodox Church-Ohrid Archbishopric was also established in article 9 of the Constitution of the Macedonian Orthodox Church – Ohrid Archbishopric where it was determined that at the head of the Macedonian Orthodox Church-Ohrid Archbishopric is an Archbishop as its superior, and the title of the Archbishop is Archbishop of Ohrid and Macedonia, and he is addressed to as ”Your Beatitude”.

On the position and regulated legal status of this religious community there is more to be found in the issued certificate by the Ministry of Internal Affairs UP.no. 30-2468/1 from the 22 February 1983, as evidence that it has been recorded in their registry, also the certificate no. 12-152/3 dated from 12 January 1998 by the Republic Commission for Relations of the Religious Communities, which confirms that according to the Law on religious communities and religious groups, as it was registered in the Ministry of internal affairs, it was transferred in the registry of Religious communities and religious groups kept by this commission, as well as the Decision reached by the Court of First instance Skopje II Skopje, as authorized for keeping the Only court registry of churches, religious communities and religious groups under Reg. no. 1, dated from 11 November 2008, according to which, as per article 35, paragraph 2 of the Law on the legal status of a church, religious community and religious group (Official Gazette no. 113 from 20 September 2007), the data of the Macedonian Orthodox Church – Ohrid Archbishopric were transferred and registered in the authorized registry, and therefore it preserved its standing legal person and status.

The court deems that the indication of a territorial belonging in the name of the entity whose registration is requested, that is, of a canonical area of another religious entity in a form, in this case (Patriarchate), not foreseen by the Law, and on the jurisdiction of another state operates, is violation not only of the above mentioned Law, but also of the Laws and Institutions of the state into which the registration of the mentioned entity is requested.

This is the reason why in the Republic of Macedonia, the Macedonian Orthodox Church – Ohrid Archbishopric, has a jurisdiction and not a foreign church. This religious operation of the Macedonian Orthodox Church – Ohrid Archbishopric was achieved through a regulated legal status based on the Laws of the Republic of Macedonia, that is, according to the Law on the legal status of a church, religious community and religious group.

Therefore, the statement in the request, particularly in the Rulebook – art. 2, that “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is an autonomous church, is in opposition to the Law on the legal status of a church, religious community and religious group, since the religious entity whose registration is requested will act only formally as an autonomous church, by reasons that the submitted request for registration of the same is only a formal request, but essentially, if the demanded religious entity “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” were registered the same would operate on the territory of the Republic of Macedonia as part of a foreign Orthodoc Church, since “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” described in the rulebook as an autonomous church, would actually act and manage autonomously in the canonical field of the Patriarchate of Pec, that is, the Serbian Orthodox Church, which is canonic successor of the Patriarchate of Pec and being such does not belong to the territorial field of operation of the laws of the RM, and which has no canonic or any such other jurisdiction over the Macedonian Orthodox Church or over the territory of the Republic of Macedonia, where the religious operation is in the hands of the Macedonian Orthodox Church – Ohrid Archbishopric.

This is contrary to the positive legal regulations of the Republic of Macedonia, and contrary to all the human rights declarations and conventions, where in article 1 of the Declaration for elimination of all forms of intolerance and discrimination based on religious confession or persuasion it is stated that everyone has the right to freedom of thought, conscience and religious confession. This right includes the freedom of religious confession by free choice and freedom of individual or in community with others, public or private, expression of faith or conviction in religious officiation, following, practicing and teaching, and in paragraph 1 of article 2 it is expressed that no one should be submitted to discrimination by a state, institution, group of people or person on the basis of a religious confession and conviction.

In article 18 of the Universal Declaration on Human Rights, the man is guaranteed the right to freedom of thought, conscience and religion, and this right includes the freedom for a man to change his religion or conviction, as well as the freedom of man to individually or in community with others, in private or in public, manifest his religion or conviction through teaching, practicing, holding religious services or rites.

According to article 29, paragraph 2 of this declaration, in the practicing of the rights and freedoms, each person will be bound only by the limitations of the Law, with the purpose of ensuring the appropriate recognition and respect for the rights and freedoms of others in order to satisfy the mentioned requirements regarding the moral, public order and general welfare of a democratic society.

According to article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, each person has the right to freedom of thought, conscience and faith. This right includes the freedom to change religion and conviction, as well as freedom of expression of faith or conviction, alone or with others, in public or in private, through religious service, teaching, preaching, religious rites and rituals. The Freedom to express one’s faith or convictions may only be subject to limitations foreseen by the Law, which are measures in interest of public safety, order, health and morality or protection of the rights and freedoms of others, necessary in a democratic society (Official Gazette of RM” no. 11/1997).

Fourth: In art. 12 par. 2 of the Law on the legal position of a church, religious community and religious group, everything that needs to be enclosed with the request for registration is regulated, and article 13 of the same law informs about everything that should be contained in the founding act in order to prove the fulfilling of conditions for registration.

The court concludes that there was violation of the Law in this section as well because the so-called decision for foundation of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” provides only for a proxy of the same, and not its representation – as is requested by article 12 par. 2 item 5, and the proxy is given to the so-called secretary of the so-called Holy Synod of Bishops, and the same is limited by the return of the so-called His Beatitude, the Archbishop of Ohrid and Metropolitan of Skopje, Jovan.

There was also a violation in article 2 of the Decision for the foundation regarding the temporary seat of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, which is in opposition to art. 13, par. 1, item 2 of the abovementioned Law, since the aforesaid article does not give a temporary residence of the religious entity whose registration is requested, but a precisely determined seat and address in the Republic of Macedonia.

In this situation, the court deems that the submitted request for registration in the Only court registry of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” is contrary to art. 1 par.1, art. 2, art. 7 par. 1, art. 8, art. 9 par. 3, art. 10, art. 12 par. 2 item 5 and art. 13 par. 1 item 2 of the Law on the legal position of a church, religious community and religious group, that is, the request is unfounded, thus the court rejects it as such.

This is because, according to the court, the registration of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” in the Only court registry of churches, religious communities and religious groups, besides the abovementioned rationale: FIRST – would mean violation of the above cited regulations of the aforesaid Law, since this law regulates only the foundation and legal status, the determining of religious services, prayers and religious rites, religious teaching and educational activities, revenues and other of CERTAIN ENTITIES, VOLUNTARY COMMUNITIES OF NATURAL PERSONS, DETERMINED AND LISTED IN THE LAW AS: CHURCH, RELIGIOUS COMMUNITY and RELIGIOUS GROUP, and not of other religious entities and SECOND – it would VIOLATE THE FREEDOM OF RELIGIOUS CONFESSION guaranteed by the Law on the legal position of a church, religious community and religious group with the Constitution of the Republic of Macedonia and the Convention on human rights, ALL NATURAL PERSONS – BELIEVERS WHO EXPRESS THEIR RELIGIOUS CONFESSION THROUGH ALREADY REDISTERED RELIGIOUS COMMUNITIES, and especially it would violate the legitimate and regulated legal status of other voluntary organizations of natural beings already registered in the Only court registry of churches, religious communities and religious groups, in the form, position and content foreseen by the regulations of the above cited law, that is, it would mean offending their bodies of management, hierarchy, jurisdiction, titles and religious operation and all else provided for in their acts.

This is also the context of article 7 par. 1 and article 8 of the aforesaid Law, where it clearly reads that: a church, religious community and religious group shall conduct its activities in accordance with the positive legal regulations of the Republic of Macedonia, the international declarations and conventions on the freedom of religious confession and expression of faith, and that by Law the freedom of expression of religion or conviction may be limited if this is necessary for the public safety, order, health, morality and protection of rights and freedoms of others.

After all of the above, the court could not reach a different decision, except for the decision expressed in the statement of this resolution, which was certainly influenced by the existence of a request which is completely unclear, unintelligible, confusing and regarding the facts listed there within completely contradictory to the Law and which lists everything else but the things decidedly requested by the Law.

After reaching a decision, the court had in mind the allegations expressed in the request by the submitter, especially the allegation in which the submitter “entitles” and “gives the right” to the court to decide in his name the form and legal status in which to register in the official registry the association-entity whose registration is requested by the submitted request, without determining what is the item the registration of which is being requested.

These allegations were accepted by the court with the explanation that while deciding the court does not act upon anyone\'s authorization, does not fulfill wishes, but acts and enforces the Law and based on the same reaches rightful, just and lawful decisions.

In support of this explanation it was unavoidable to face the issue of the ethic and moral behaviour of the submitter of the request, when, on one hand, with the submitted request addresses the court and requires of the same to enter in the official registry of churches, religious communities and religious groups the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec”, and on the other hand, inserts in the request inappropriate addressing and incorporation of elements of intimidation, warning, threats, expresses disrespect for the Laws and institutions of the Republic of Macedonia tho which the court belongs, as well as expression of disrespect of the public safety, order, health, morality and rights and freedoms of other citizens, by which it completely violates the abovementioned provisions of art. 7 par. 1 and art. 8 of the aforesaid Law.

The court deems that the expression of faith, be it by an individual or a group, may be conducted freely and such activities are guaranteed by the Constitution of the Republic of Macedonia and the above cited Law on the legal position of a church, religious community and religious group, but it is also undeniable that the performance of such activities may not endanger the other constitutionally guaranteed activities, among which the freedoms and rights implied to in both the Universal Declaration on the Human Rights and the European Convention on the Protection of Human Rights and Freedoms.

Having in mind the aforesaid, the court judges that there are no grounds in the mentioned legal provisions to accept the request for registration of the “Greek-Orthodox Ohrid Archbishopric of the Patriarchate of Pec” in the only court registry of Churches, religious communities and religious groups and since substantial conditions from the Law on the legal position of a church, religious community and religious group have not been fulfilled, as per art. 16 par. 1 of the same law, decided as in the statement of this decision.

DECIDED IN THE COURT OF FIRST INSTANCE SKOPJE II SKOPJE

Reg. RG. No. 12 dated from 28 July 2009

Judge,

Margarita Toshanova, s.r.

INSTRUCTION: An appeal against this decision may be submitted within 15 days after the reception thereof, through this court to the Court of Appeals in Skopje

TAX CHARGE: The submitter is indebted to pay a court tax for a decision of 1.000,00 MKD on the gyro account of the court 840 – municipality code – 3338, summoning no. 722211, otherwise the same shall be charged by force plus 50%.

D.N. to – submitter David Ninov, v. Sushica, b.b. Skopje

- Republic Commission for Relations with the Religious Communities, building of MRT, bvd. Goce Delcev-bb. 18 floor, Skopje

Judge