KSU recalled why Tupitsky can be eliminated

The removal of Tupitsky over a possible appeal by the prosecution to the president would be unconstitutional, the court stressed.

The Constitutional Court reacted to reports of a possible appeal from the Attorney General’s Office to the President with a request for the dismissal of the head of the Constitutional Court of Ukraine, Alexander Tupitsky. This is stated in a judicial statement on Monday, December 28.

Such removal of Tupitsky would be contrary to the Constitution, maintains the Constitutional Court, referring to article 149-1 of the Constitution. It defines a list of grounds for terminating the powers of a judge of the Constitutional Court of Ukraine and removing him from office.

Then, you can remove a judge from the CCU in the case of:

• the end of the mandate;

• reach 70 years;

• termination of citizenship of Ukraine or its acquisition of citizenship of another state;

• the entry into force of a judicial decision that recognizes him as missing or declares him dead, recognition as disabled or partially disabled;

• the entry into force of a conviction against you for the commission of a crime;

• his death.

A judge of the Constitutional Court may be removed in the event of inability to exercise powers for health reasons, failure to comply with the incompatibility requirements, committing a serious disciplinary offense or failure to perform his duties, presenting a letter of resignation or dismissal.

At the same time, the decision to remove or terminate the powers of a judge, as indicated in the CCU, is made by the CCU judges. For the removal of a judge from the Constitutional Court, at least 12 “In favor” votes are required.

Furthermore, judges appointed by the president cannot be removed in accordance with the provisions of part 2 of article 154 of the Code of Criminal Procedure of Ukraine, as this would be contrary to the Constitution.

“Accordingly, the decision on the question of dismissal of a judge of the Constitutional Court, the head of the court and his alternate in accordance with the provisions of the second part of article 154 of the Code of Criminal Procedure of Ukraine, on the basis of the decision of the investigating judge during the investigation or of the court during the trial, is contrary to article 149-1 of the Constitution “, – emphasized in the court.

Earlier today it emerged that Tupitsky is suspected of bribing a witness and knowingly misleading the court with the witness’s false testimony. The Attorney General’s Office then appealed to the president with a petition for the head of KSU Tupitsky to be removed from office.

Servant of the people insists on the right of the president to dismiss the head of the UCC. The Criminal Procedure Code applies to the judges of the Constitutional Court, says the People’s Deputy.

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