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The judges of the Constitutional Court of Ukraine, who did not vote to abolish some of the provisions of the anti-corruption legislation, made a decision temporarily blocking the work of the Constitutional Court of Ukraine, journalists told Bihus.info.
Four judges of the Constitutional Court of Ukraine have decided not to participate in the Constitutional Court sessions for the time being, said Anna Kalyuzhnaya, a journalist with Bihus.info, referring to her sources, during the program, which aired on November 7.
According to her, we are talking about the deputy head of the KSU Sergei Golovaty, as well as the judges Vasily Lemak, Viktor Kolisnyk and Oleg Pervomaisky. All of them did not vote for the Constitutional Court’s decision to abolish some of the anti-corruption laws.
“Quorum, that is, 12 are required [для принятия решений] there will be no judges. This temporarily blocked the work of the court, “he said.
The program did not express the motivation of the judges. According to Interfax-Ukraine, they announced their decision to the KSU on November 5. These judges declared that the publication of the draft decisions of the Constitutional Court in the media was inadmissible.
“Therefore, until the situation around the Constitutional Court is normalized, it is considered impossible to consider certain issues of the constitutional process in a legitimate way and temporarily it will not participate in the sessions of the Constitutional Court,” said the body’s interlocutor.
KSU It consists of 18 judges – six of each are appointed by the President of Ukraine, the Rada and the Congress of Judges of Ukraine. Currently 15 judges work in the department. Of the three vacant posts, two are appointed by the Verkhovna Rada quota. These vacancies have not been filled for about a year, said KSU chief Alexander Tupitsky. At a meeting on November 6, the parliament was unable to appoint judges according to their quota.
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.
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 register of electronic returns and stopped their verification, storage and disclosure. Agency chief Alexander Novikov called the KSU’s decision “a crushing defeat for anti-corruption reform.”
Tupitskiy stated that the NAPK deliberately “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 the same day, the President of Ukraine Volodymyr Zelenskyy registered a bill in the Verkhovna Rada, which proposes 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 continuity. of anti-corruption legislation. Tupitsky said that this bill has signs of a constitutional coup and contradicts two articles of the Constitution of Ukraine. He claims that a change in the composition of the KSU may lead to a violation of the territorial integrity of Ukraine. Nor did he rule out that various provocations could be carried out against him, for example, a Russian passport or money could be planted on him.
On November 3, the Rada called for the resignation of 11 judges of the Constitutional Court, who voted for the abolition of some anti-corruption regulations. On November 4, 226 popular deputies signed and presented a statement to the Constitutional Court urging the judges to resign voluntarily.
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