USUF chronology of incident (03/30/03)

USUF chronology of incident

The U.S.-Ukraine Foundation, which is based in Washington, issued the following fact sheet regarding the incident.

The U.S.-Ukraine Foundation (USUF) has been renting premises at vul. Moskovska 40-A, Kyiv, Ukraine since 1992.
In May 2001 USUF signed a renewed three-year lease agreement.
The property was administered on behalf of the state, specifically the State Property Fund, by UkrAhroPromBud (UAPB) Corporation. Consequently, the State, through the State Property Fund, instructed UAPB to enter into the aforementioned rental agreement with USUF.
In July 2002, the UAPB, without notifying USUF, began lobbying the Cabinet of Ministers to hand over the premises to the Vvedensky (Holy Presentation of the Lord) Monastery of the Ukrainian Orthodox Church - Moscow Patriarchate so that the Church would in fact now administer the property on behalf of the State. This was done by using highly selective and inaccurate information.
The State Property Fund, which administers state property on behalf of the government, was cut out of the loop. The State Property Fund has prerogative over these issues.
On November 19, 2002, the government of Ukraine adopted an Instruction supporting the recommendation that the UOC-MP become the Property Manager of vul. Moskovska 40-A and use the property at its discretion.
On December 9, 2002, UOC-MP hierarchs delivered an ultimatum to USUF that it vacate the premises by December 25, 2002. The USUF refused, saying that the UOC MP had now inherited the obligation of the previous property manager and it should respect the terms of the lease agreement.
The correctness of the USUF's interpretation was confirmed in writing by the Regional State Property Fund on January 14.
The UOC-MP refused to honor its legal obligations and continued to threaten the USUF.
Negotiations with the UOC-MP have been impossible because they have always made them contingent upon a written guarantee that the USUF would vacate the premises by April 1, 2003 - a full year before the USUF is legally obliged to do so.
The UOC-MP continued to refuse to fulfill its legal responsibilities and did not present the USUF with utility bills, thereby hoping that the USUF's utilities would be shut off and the USUF would be forced out of the premises.
On February 21, the National State Property Fund reaffirmed in writing the legality of the USUF's position and that the change in property management was carried out with considerable procedural violations. They advised the USUF that, should the provocations continue, the USUF should take the matter to court.
Upon returning from a brief absence, UOC-MP hierarchs were upset to discover that the USUF had paid the utility bills irrespective of the Church's efforts and decided "to teach [you] a lesson."
At approximately 7:30 a.m. on March 5, a group of monks, priests and about 40 lay people stormed the premises of vul. Moskovska 40-A, subdued the USUF's guard and proceeded to occupy the premises. The police were summoned and prevented the intruders from spreading throughout the building.
As USUF staff arrived to work, they were subjected to a stream of anti-American slogans relating to Iraq.
Although the police said that the UOC-MP hierarchs had acted illegally they could not eject them until someone higher up in the Ministry of Internal Affairs was prepared to make a decision regarding the UOC-MP. The police were apologetic and sympathetic but, asked the USUF to understand the realities of the situation.
One of the priests used a hammer to smash the sizable glass-covered plaques of the USUF and its Pylyp Orlyk Institute of Democracy (POID). This was done in full view of the police who did nothing, and when challenged again, asked the USUF to appreciate Ukrainian realities.
The USUF has filed a case in court.

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