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Instead of canceling the decree on the appointment of Alexander Tupitsky as judge of the Constitutional Court of Ukraine, President Volodymyr Zelensky should have acted differently, former Ukrainian Prime Minister Arseniy Yatsenyuk said.
The decree of the President of Ukraine, Volodymyr Zelensky, annulling the appointment of Alexander Tupitsky as judge of the Constitutional Court of Ukraine (CCU), is not in accordance with the Constitution. This opinion was expressed by former Prime Minister of Ukraine Arseniy Yatsenyuk on March 27 on Facebook.
“The Constitutional Court of Ukraine has become unconstitutional. This is not the first time.” […] Among these judges is Tupitsky, who had just been fired by presidential decree. However, the decree itself is as unconstitutional as everything this unconstitutional court did, “he wrote.
The former prime minister believes that “the president should have convened parliament immediately last year, introduced amendments to the Constitution of Ukraine, depriving judges of absolute immunity and offering society an honest and fair justice system.”
“This is a dignified response to the connivance of individual judges of the Constitutional Court against the people and the state. The unconstitutionality cannot be overcome with the illegality,” Yatsenyuk emphasized.
On March 27, Zelensky annulled the decrees on the appointment of the current president of the Constitutional Court of Ukraine, Alexander Tupitsky and Alexander Kasminin, as judges of the Constitutional Court. The head of state said that now both “can go to a well-deserved rest.”
Fyodor Venislavsky, the presidential representative in the KSU, explained that since 2014, Tupitsky “was on the side of the aggressor country.”
Tupitsky is suspected of bribing a witness and misleading the court with knowingly false testimony from the witness. On December 28, 2020, he was supposed to appear at the Office of the Prosecutor General of Ukraine to present the suspicion. According to the Attorney General’s Office, Tupitsky said he could not come for family reasons, but did not provide documents on the validity of the reasons for the lack of appearance. A message of suspicion was sent to Tupitsky by mail. The State Investigations Office indicated that he received a suspicion report, although he denies it.
Journalists from the Scheme program (a joint project of Radio Svoboda and UA: Pershiy) reported that Tupitsky was involved in a lawsuit against the former head of the Supreme Economic Court Viktor Tatkov, who was suspected of taking over the assets of Zuevsky energy. mechanical plant. According to journalists, Tupitsky participated in the shadows in the privatization of this plant.
On December 28, the Attorney General’s Office sent Zelensky a petition to remove Tupitsky from the post of KSU judge for a period of two months, and on December 29 the head of state signed the corresponding decree. On February 26, Zelensky extended the term for the removal of the head of the Constitutional Court for one more month.
On December 30, the KSU released a statement emphasizing that it would not remove Tupitsky from office, despite Zelensky’s decree. The court said that Zelensky’s decree does not comply with the Constitution, as it does not give the president the right and does not foresee the possibility at all remove the judges of the Constitutional Court.
Venislavsky believes that the president has the right to remove Tupitsky. He said that such powers of the head of state are provided for in the Code of Criminal Procedure.
In January, the KSU said that State Security Department employees would not allow Tupitsky to enter the courthouse. The KSU pointed out that, although he was removed from his position as a judge of the Constitutional Court, he should preside over the court. Tupitskiy filed a complaint with the Attorney General of Ukraine, Irina Venediktova, and appealed to the Kiev District Administrative Court. After his impeachment, Tupitsky worked remotely.
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