We took into consideration the circumstances in which His Eminence Slipyj and the other Ukrainian bishops turned to the Holy Father with the request for the erection of a Ukrainian Patriarchate.
Despite the very best disposition, the Holy See, having examined the proposal with the greatest attention, was constrained to communicate twice to the Ukrainian prelates that, alas it cannot see the possibility of responding favorably to their supplication.
Considering the delicacy and gravity of the problem, the seriousness of the manifestations of various kinds, the repeated insistence of His Eminence Slipyj, the Holy Father ultimately ordered that the request be placed under a full new examination.
For the purpose of securing a deep study of the question, His Eminence Slipyj was commissioned to ask each Ukrainian bishop to present his opinion on the proposal, to consider whether the proposal should be reconsidered. At the same time, the Cardinal was requested to transmit the replies of the bishops to the Holy See. Some of these come late.
A select commission of Cardinals, after having intensely examined the replies received, as well as, after the examination of the entire question, placed the results of their studies at the disposal of the meeting of the heads of the Congregations of the Roman Curia held on June 22, 1971.
Taking into consideration the opinions expressed by the prelates, the Holy Father once again came to the conclusion that it is not possible to proceed with the erection of a Ukrainian Patriarchate.
Canonical and spiritual reasons, not to speak of historical ones, do not permit a positive response to the desires of the Catholic Ukrainian Episcopate.
It is necessary above all, to maintain the present clear distinction between «Ius Condendum.» The actual canonical discipline confirmed by the conciliar decree «Orientalum Ecclesiarum» and that of the «Declaration» of March 25, 1970 on the term «Aggregatus» fixed the jurisdiction of the patriarch to his own territory, It is not foreseen that a different orientation will emerge from the revision of the Codex of Oriental Canon Law.
In the absence of appropriate legislation, any exception to this norm could result in the invocation by others of rights for their particular benefit.
Furthermore, the prospect of the institution of the Ukrainian Patriarchate would, at this moment, present a canonical problem of still greater proportions. In fact, because of the sorrowful conditions of the Church in Ukraine, it would not only treat with the extension of the lawful exercise of patriarchal rights and functions, but also with the territory beyond the proper to the Patriarchate. In such instance a Titular would have greater authority than that which is now enjoyed by all other existing patriarchs. It would recognize the exercise of such functions exclusively beyond the confines of the territory itself. In fact, due to the painful situation existing, a Ukrainian Patriarchate would lack the possibility of exercising jurisdiction in his own territory.
Our final consideration is the great repercussions this would have upon Catholic Ukrainians in regions in which political and religious circumstances prohibit the existence of the Ukrainian Catholic Church. Such reactions would endanger the lives of said population. In a public institution of a new Patriarchate v/ere erected, with the titular residence in a foreign country, who took it upon himself to defend their rights and hopes without actual power to defend them and comfort the faithful.
Beside the erection of the Patriarchate we also deal with the convocation of the properly called Canonical Synod embracing all the Ukrainian bishops. (The jurisdiction of the Major Archbishop of Lviv is limited to the territory of his own Province)—foreseen as the convenient solution to meet the needs of the Ukrainian community living outside their own country. At one time it has been stated to the Ukrainian hierarchy in the name and by the commission of Holy Father, that invitations be send to the assembly of Ukrainian prelates, already existing and functioning under the name of «The Conference of the Ukrainian Hierarchy,» to reorganize and if necessary revise statutes under the presidency if His Eminence.
Glory be to Jesus Christ!
Це становище складено від підписаних представників мирянського руху, уповноважених учасниками римських торжеств 30-31 жовтня 1971 р.
д-р Роман Осінчук
єд-р Зиновій Ґіль
д-р Петро Зелений
д-р Василь Маркусь
д-р Петро Біланюк
проф. Мирослав Лабунька
інж.Василь Олеськів
д-р Романа Навроцька
д-р Ева Піддубчишин
Юрій Карпінський
