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Alexander Tupitsky (Photo: Constitutional Court of Ukraine)
In 2006-2010, the head of the Constitutional Court, Alexander Tupitsky, participated in the seizure of the property of the plant in Zuhres, Donetsk region, and, probably, through an informant, received a stake in the company; this is what Scheme research is all about.
In October 2018, investigators from the Attorney General’s Office recorded Tupitsky’s conversations as part of a criminal case against the former head of the Supreme Economic Court Viktor Tatkov, an associate of former President Viktor Yanukovych, who is now on the wanted list. At the time, Tupitsky was the deputy director of the KSU.
«Painful and prolonged redistribution of the assets of the Zuevsky plant and their registration in a private company controlled by a Donetsk businessman [Владиславу] Draeger, was accompanied by a lawsuit, the decision of which was in the hands of the economic courts of the Donetsk region. The businessman Draeger knew another local judge: the president of the Kuybyshevsky district court of Donetsk, Alexander Tupitsky, who introduced Draeger to judges Yemelyanov and Tatkov. It is not known exactly what kind of assistance in court Viktor Tatkov promised the businessman. But the result of his knowledge was that in 2009 the judge became a co-owner of the Draeger plant, through a lawyer close to the Tatkov family. This was later confirmed by the official GPU investigation, ”the researchers explained.
Several criminal cases were opened against Draeger, including fraud involving the divestiture of the Zuevsky plant. The businessman spent three years in a remand center and, after being released, decided to testify against Tatkov. Then Tupitsky made an appointment with him, about what tried to dissuade him from this idea.
On the tape recorded by Draeger at the cafe, Tupitsky tried to persuade him not to testify about the businessman’s role in the events around the Zuevsky plant: Tatkov is suspected of taking over this company. Tupitsky, in particular, said that «This shit is not worth doing … it will only end in very tense relations ”, and suggested organizing a meeting between the businessman and Tatkov in Austria, so that they could resolve their corporate conflict.
«Would you consider it necessary, together with him or separately, to give me a penny for participating in these matters? I probably wouldn’t mind… Why should I refuse if I was once inside this question? ” – he said.
Schem journalists came to the conclusion that Tupitsky received his stake in the company: since 2009, Boris Rumak has become the minority owner of the plant, who was allowed to drive his car for three years by the current head of the KSU .
Now the recordings of Tupitsky’s conversations have been separated in a separate criminal proceeding, in the framework of which his actions are investigated. But journalists draw attention to the fact that it will be problematic for him to announce the suspicion due to judicial immunity. And the decision on whether or not to announce the suspicion to the head of the KSU “will be in the hands of one person, the attorney general Irina Venediktova,” reports Scheme.
In addition, journalists published a record of Tupitsky’s story about his work as head of the Dnipropetrovsk Economic Court of Appeal:
«And they sent me to Dnepropetrovsk. Where I sat on “hook * s”. Because Dnepropetrovsk, only such records exist. And who gives a shit… Everything goes up and from above all these registers come together, such a situation. He was not very happy with this situation. Of course when [экс-глава КСУ Вячеслав Овчаренко] They offered me to go to the Constitutional Court, as if I had nothing to lose. But fate played another – a good thing … ”.
The schemes went to the head of the KSU for comment, but he denied the connection to other participants in the investigation and said that several years ago he was questioned at the Attorney General’s Office as a witness. He declined to elaborate, citing the fact that the pre-trial investigation has yet to be completed.
Alexander Tupitsky became the head of the CCU on September 17, 2019. He was appointed a KSU judge in 2013 by then-President Viktor Yanukovych. During the Yanukovych governorship, 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.
On October 27, the Constitutional Court, headed by Tupitsky, canceled art. 366-1 of the Criminal Code of Ukraine on criminal liability for entering inaccurate data in the declaration, and also recognized the powers of the NACP to control and verify the declarations, 24-hour access to the register of declarations and the monitoring of lifestyle unconstitutional.
After the scandalous KSU decision, several high-profile cases were closed, including that of Odessa Mayor Gennady Trukhanov, Interior Ministry Head Arsen Avakov, former Ukroboronprom Director Pavel Bukin and Constitutional Court Judge Volodymyr Moysik.
On December 4, the Verkhovna Rada adopted a general compromise bill on the reinstatement of criminal responsibility for inaccurate statements.
According to the document, corrupt officials will not be jailed. The maximum penalty in the article provides a penalty of up to two years in prison.
