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January 5 – the next episode of the thriller “History of the struggle against the Constitutional Court of Ukraine.”
It is on this date that a meeting of judges of the Constitutional Court is scheduled, which is to discuss the situation that has developed after the decree of President Volodymyr Zelensky on the dismissal for 2 months of the President of the Constitutional Court, Alexander Tupitsky.
Highly qualified lawyers work in the legal department of the CC Secretariat. As a general rule, decisions of the Constitutional Court are made on the basis of its findings.
As you know, in your experience, this department recognized Zelensky’s decree as void and contrary to the Basic Law of the country. It defines an exhaustive list of powers of the president and does not give the right to dismiss the judges of the Constitutional Court. Zelensky simply does not have that right to speak at all.
The office of president refers in its argument to art. 154 of the Criminal Procedure Code of Ukraine (CPC), which states that “the question of dismissal of persons appointed by the President of Ukraine is decided by the President of Ukraine.”
But the Code of Criminal Procedure cannot replace the Constitution, which has supreme legal force. Furthermore, neither the Constitution nor the Code of Criminal Procedure empowers the president to suspend the activities of any judge, not even the one he designates by decree. This applies not only to the judges of the Constitutional Court, but also to the judges of the courts of general jurisdiction, who, according to the constitution, are appointed by the president.
The fact that the president appoints the judges of the general court does not entitle him to remove them from the administration of justice or remove them, because the Constitution does not grant him such powers. In accordance with art. 131 of the Constitution and 155-1 of the Criminal Procedure Code, the temporary suspension of the administration of justice of a judge is the exclusive prerogative of the Superior Council of Justice, which examines the request of the General Prosecutor’s Office in relation to the prosecution of a judge in particular. Experience shows that such SCJ motions are often denied to prosecutors due to the lack of convincing evidence of the charges brought against the judge.
This procedure for the removal of a judge is one of the guarantees of the independence of the judiciary, which is enshrined in the Constitution.
By issuing a decree on the removal of a judge of the Constitutional Court, the president, by his decree, actually “removed” the Constitution of Ukraine, suspended its operation for 2 months. He placed his decree, which must be issued on the basis of the Constitution and comply with it, on the Constitution of Ukraine. Zelenskiy proved that the Basic Law does not exist for him. The guarantor of the observance of the Constitution boldly and flagrantly violated it. And this is 100% crime! And grounds for impeachment!
Those who in the OP prepared this decree, Zelensky was incriminated. But these “advisers” will avoid liability. The president will have to respond, because the document bears his personal signature. The responsibility will come sooner or later. You should not hesitate with this. Because if this legal ignorance of the head of state and his Office is not stopped now, tomorrow they will completely abolish the Constitution and force Ukrainians to live by their own WE rules.
I am deeply convinced that it is relevant according to art. 111 of the Constitution, the creation of a special temporary investigative commission of the Verkhovna Rada of Ukraine to remove the president from office for exceeding constitutional powers, which threatens the constitutional system of state power, for usurpation of the constitutional and legal status of a judge of the Constitutional Court, illegal interference in the activities of a judge of the Constitutional Court, obstruction of the performance of his official functions … Other cynical violations of the Constitution committed by President Zelensky should also be the subject of this commission. Many of them have already accumulated.
To begin with, I believe that the healthy part of the body of deputies is simply obliged to collect at least 45 signatures from representatives of the people to submit them to the Constitutional Court on the unconstitutionality of the presidential decree of December 29, 2020.
And to those who jealously rushed to execute this decree, I advise you not to forget art. 60 of the Constitution, which establishes that “no one is obliged to execute an obviously criminal order or order. For the delivery and execution of an obviously criminal order or order comes legal responsibility”.
