… No matter how much some wish to embellish the situation in Ukraine, history proves them wrong and presents indisputable arguments demonstrating that the origin of difficulties and reactions in Ukraine are neither a recent phenomenon nor something created by the Ecumenical Patriarchate. Already from the early 14th century, when the see of the Kievan Metropolis was moved without the canonical permission of the Mother Church to Moscow, there have been tireless efforts on the part of our Kievan brothers for independence from ecclesiastical control by the Moscow center. Indeed, the obstinacy of the Patriarchate of Moscow was instrumental in occasionally creating repeated mergers and restorations of ecclesiastical eparchies, uncanonical elections of Bishops as well as schisms, which still afflict the pious Ukrainian people.
However, beyond all this, a study of the matter in the light of the sacred canons does not justify any intervention whatsoever by the Church of Russia. The Tome proclaiming Moscow as a Patriarchate does not include the region of today’s Metropolis of Kiev in the jurisdiction of Moscow. Moreover, after the well-known manner of proclamation of Moscow as a Patriarchate by Ecumenical Patriarch Jeremiah II (Tranos), the canonical dependence of Kiev to the Mother Church of Constantinople remained constant and uninterrupted. In the year 1686, our predecessor, the late Patriarch Dionysios IV, following great political pressure from the harrowing circumstances and for peace in the local Church, was obliged to issue a letter granting Moscow the license to ordain the Metropolitan of Kiev on the inviolable condition that every Metropolitan of Kiev would commemorate the name of the Ecumenical Patriarch as his ecclesiastical superior and authority, but also to demonstrate the canonical jurisdiction of Constantinople over this Metropolis.
As far as we know, no other act changing the canonical state of Kiev or revision of the condition to commemorate Constantinople has ever occurred; nor of course has there been any such change on the part of the Mother Church ceding Kiev completely to Russia. The uncanonical interventions of Moscow from time to time in the affairs of Kiev and the toleration on the part of the Ecumenical Patriarchate in previous years do not validate any ecclesiastical violation. Instead, the terms of the 6thCanon of the First Ecumenical Council in Nicaea are precisely valid in this case, as the commentator Aristinos observes: “Each patriarch should be satisfied with his own privileges and not snatch the privileges of another eparchy, which does not lie within or under the authority of his jurisdiction. For this is the conceit of worldly power.” (Rallis-Potlis, Constitution of the Holy and Sacred Canons, Volume 2, p. 131) In this spirit, the Mother Church did not concede its canonical rights over Ukraine, but incorporated a special reference in the Patriarchal and Synodal Tome “about the granting of the status of autocephaly to the Church of Poland” (1924), noting that “the original detachment from our Throne of the Metropolis of Kiev and its dependent Orthodox Churches of Lithuania and Poland, along with their attachment to the Holy Church of Moscow did not at all occur in accordance with the conventional canonical regulations; nor were the agreed statements about complete ecclesiastical self-sufficiency of the Metropolitan of Kiev, bearing the title of Exarch of the Ecumenical Throne, respected . . .”
In any case, it is true that the occasional deliberate efforts of the Church of Russia to resolve this matter failed. Thus, since Russia, as the one responsible for the current painful situation in Ukraine, is unable to solve the problem, the Ecumenical Patriarchate assumed the initiative of resolving the problem in accordance with the authority afforded to it by the Sacred Canons and the jurisdictional responsibility over the eparchy of Kiev, receiving a request to this end by the honorable Ukrainian Government, as well as recurring requests by “Patriarch” Philaret of Kiev appealing for our adjudication of his case.
At our instruction, the right reverend Bishop and professor Makarios of Christoupolis studied the question of Ukraine for many days, and the fruit of his extensive research into this complicated matter was a document of over ninety pages, which His Grace offered to the Mother Church. We thank and congratulate him. And since he already has a firm grasp of the issue, we have asked him to address this Venerable Body on the ecclesiastical perspective of the timely issue of Ukraine, and we are certain that all of us will have much to benefit from listening to him…
…We imagine that all of the Hierarchs serving within the jurisdiction of the Ecumenical Throne know very well that the 4thEcumenical Council, among other decisions, honored the exceptional privilege of “the right to appeal” (ekkliton) of the Throne of Constantinople with the decrees of its 9th and 17th Canons. Numerous instances of the exercise of this right to appeal by Hierarchs and clergy of other jurisdictions have been recorded through the centuries in the historical journey of the Mother Church. Worthy of mention here is the determination of the canonist Miodrag Petrovic, that “the Archbishop of Constantinople alone has the privilege to judge and adjudicate conflicts of bishops, clergy and metropolitans of other patriarchs.” (Nomocanon on the 14 Titles and the Byzantine Commentators, p. 206)
The right reverend Bishop Kyrillos of Abydos, Professor at the National and Capodistrian University of Athens, a devout scholar of the written and spoken word, will address the unique privilege of the Church of Constantinople to receive the appeal of Hierarchs and clergy seeking refuge from all local Orthodox Churches in his presentation, entitled “The Privilege of Eccliton (Right to Appeal): Historical, Canonical and Theological Perspectives.” We gladly await his analysis of this subject…