Your Eminence,

on 29th January 2005, I received a decree № 01/05 from 8th January 2005, by which I am excluded from the Order. The decree was not confirmed by the Apostolic See. On the base of the CCEO can. 501 §2, I am appealing against this decree and asking for a trial.

Grounds for the legal invalidity of the decree:

1)      In the decree my guilt is not specified and is not legally proved.Here the CCEO can. 500 §2, pt.1 was broken.

2)      I was not given an opportunity to defend myself, after the first, second nor the third canonical reproof. Here the CCEO can. 500 §2, pt.3 was broken.

3)      I am excluded on the base of the CCEO can. 498  which is related to a scandal and a great offence and in which an exclusion from the order admits no reprieve. I committed no such thing.

4)      The CCEO can. 1486 was broken in all its extent.

5)      On 18th September 2004 and repeatedly on 22nd December 2004, as well as on 19th December 2004, I brought an appellate accusation to the Apostolic Signature and to Rota Romana Tribunal against the punitive decrees issued by the General Superior. On 13th December I sent the Recourse against the Third canonical reproof. According to the CCEO can. 1487 §2 and can. 1194 pt.5, the legal effect of the punitive decrees is stopped and noone can bring forward anything new. Therefore, the General Superior had no right to issue the decree of exclusion from OSBM sooner than the sentence of the court.

6)      The exclusion decree is signed only by the General Superior. No secretary or someone from the General Council is signed there.

Thereby, I am applying for an annulment of the decree № 01/05 issued by Fr. Vasylij Kovby?, OSBM, as well as for a trial.