Office of the President and KSU accused each other of “legal nullity”



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This material is also available in Ukrainian.


Zelenskiy called the latest CCU statements “legally void” (Photo: Office of the President of Ukraine)

Previously, the Constitutional Court said that Zelensky’s decree was unconstitutional and “legally null and void,” and the head of state is obliged to cancel it, otherwise he would face legal liability. The court argues that Tupitsky must continue to fulfill his duties.

The OP said that not a single normative act of Ukraine provides for the publication on the official website of the Constitutional Court of messages from the legal department of the Court Registry, which «no one knows who was prepared. “

«The “statements”, “clarifications” and “conclusions” published on the court’s website, regarding which the CCU did not take decisions, are legally null and void, and the officials who gave the order for their placement must be prosecuted. , among other things: criminal responsibility to appropriate the powers of the Constitutional Court ”, it was reported.

The Attorney General’s Office said that Alexander Tupitsky was removed in accordance with the requirements of the law and that the position of the Constitutional Court is unfounded.

«The termination of the powers of a KSU judge or the removal of a KSU judge does not cover the issues of the temporary suspension of a KSU judge in connection with his acquisition of the status of a suspect of a crime. Dismissal from office is one of the institutions of the criminal process, enshrined in the system of measures to ensure the criminal process … The dismissal procedure contains both general rules (articles 154, 155, 156, 157, 158) and special articles on judges (Art. 155-1), as well as persons appointed by the President of Ukraine (h. 3 tbsp. 154) ”, emphasized the press service.

The KSU believes that Volodymyr Zelenskyy exceeded his powers by signing a decree on the removal of Alexander Tupitsky for two months. The court plans to meet in a special session to consider this issue. The representative of the president of the KSU Fedor Venislavsky said that this is impossible, because the meeting must be called by Tupitsky, who has already been suspended.

On Tuesday, December 29, Zelenskiy removed Tupitsky for two months after a request from the Attorney General’s Office. Venislavsky said that this does not contradict the Constitution, because it is included in the powers of the president.

On December 28, the head of the KSU was summoned to the Attorney General’s Office, according to media reports, to raise suspicions, but did not attend due to family circumstances. You are suspected of knowingly bribery of a witness and false testimony.

The Scheme program launched an investigation into possible judicial fraud by the head of the CCU. Journalists learned that Alexander Tupitsky in 2006-2010 was involved in the seizure of property of the plant in Zuhres, Donetsk region and, probably, through an authorized representative received a stake in the company.

Tupitsky, who headed the CCU on September 17, 2019, was in the limelight due to the scandalous decision to abolish criminal responsibility for lying in statements.

After that, several high-profile cases were closed, in particular, against the Mayor of Odessa Gennady Trukhanov, the head of the Interior Ministry, Arsen Avakov, the former director of Ukroboronprom Pavel Bukin, as well as the Constitutional Court judge Volodymyr Moysik. .

Alexander Tupitsky was appointed a CCU judge in 2013 by then-President Viktor Yanukovych. During the Yanukovych government, he was a judge at the Kuibyshevsky District Court of Donetsk. In 2010-2013 he worked as a judge in the economic courts of appeal of Donetsk, Lviv, Dnepropetrovsk.

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