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The Attorney General’s Office sent a petition to the President of Ukraine, Volodymyr Zelenskyy, to remove the President of the Constitutional Court of Ukraine, Oleksandr Tupitsky, from the post of judge for two months. The head of the KSU is suspected of bribery of a witness and knowing false testimony of a witness, according to the Attorney General’s Office.
The office of the Prosecutor General of Ukraine sent by mail a message about suspicions to the head of the Constitutional Court of Ukraine, Oleksandr Tupitskiy, due to the fact that he did not appear today with the prosecutor for investigative actions. The press service of the United Civil Party has informed the agency “Interfax-Ukraine” about this.
“[Тупицкий] He said that he could not attend for family reasons, but did not provide documents proving the validity of the reasons why he did not appear. The notice of suspicion is delivered on the day it is drafted, and if delivery is impossible, it is mailed the same day. In this regard, a notice of suspicion was sent by mail to the corresponding addresses, such as the one drawn up today by the Attorney General’s Office, ”the department said.
The Attorney General’s Office explained that withAbout the time of sending the notification of suspicion, Tupitsky is considered a suspect in the bribery of a witness and in the deliberately false testimony of a witness (Art. 386 and part 2 of art. 384 of the Criminal Code of Ukraine).
In addition, the Attorney General’s Office sent a petition to the President of Ukraine, Volodymyr Zelensky, to remove Tupitsky from the post of judge for two months.
The head of the KSU was supposed to appear today at the Attorney General’s Office. He was summoned to raise suspicions.
Tupitsky was appointed a Constitutional Court judge in May 2013 based on the president’s quota. He is now 57 years old. It is originally from the Cherkasy region. In 1993–2010, he served as a judge at the Kuibyshevsky district court in Donetsk, then before being elected to the KSU, he served in the economic courts of appeal in the Donetsk, Lviv and Dnepropetrovsk regions. The Constitutional Court of Ukraine took office in September 2019.
According to the Schemes program, Tupitsky in 2018 became the owner of a plot of land in Koreiz in annexed Crimea, having completed a purchase and sale agreement under Russian law. It did not reflect this information in its income statement. Also “Schemes” stated that in 2006-2010 Tupitsky participated in the shadows in the privatization of a plant in the Donetsk region by businessman Vladislav Drager.
On October 27, 2020, the Constitutional Court of Ukraine canceled some of the provisions of the anti-corruption laws and indicated that the establishment of criminal liability for declaring deliberately inaccurate data, as well as the deliberate failure to present statements, is an excessive punishment for committing such crimes.
Following the decision of the Constitutional Court of Ukraine, a constitutional crisis began. The National Agency for the Prevention of Corruption, in connection with the decision of the Constitutional Court of Ukraine on October 28, closed access to the registry of electronic statements and stopped verifying, storing and publishing them. Agency chief Alexander Novikov called the KSU’s decision “a crushing defeat for anti-corruption reform.”
KSU chief Alexander Tupitskiy said that NAPK especially “dispersed the situation”, KSU judge Igor Slidenko said the court’s decision did not foresee the need to close the registry.
On October 29, following a meeting of the NSDC, in compliance with the order of the Cabinet of Ministers, NAPK opened access to the registry of electronic returns.
On October 29, Zelensky registered in the bill Verkhovna Rada No. 4288, which aims to recognize the decision of the Constitutional Court as illegal, deprive the entire composition of the court and appoint a new one, as well as ensure the continuity of the anti-corruption legislation. Tupitsky said that this draft law has signs of a constitutional coup and is contrary to the Constitution. I’m glad I haven’t considered it yet.
Representatives of the Council of Europe criticized Zelensky’s bill on October 31. In response, the NAPC declared that the Constitutional Court violated the Constitution of Ukraine at least twice.
On December 4, the Verkhovna Rada passed another bill No. 4460-d, which provides penalties for false information in electronic returns. Document introduce punishments in the form of fines and restrictions on freedom, but it does not provide the prison sentence as before. Novikov said that this bill “does not correspond to the request of the Ukrainian society.” The representative of the President of Ukraine in the Constitutional Court, Fyodor Venislavsky, said that this law is a temporary compromise option.
Zelensky believes that Tupitsky “cannot be the president of the Constitutional Court.” According to the president, the restart of the court should begin with its president.
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