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Volodymyr Zelenskyy, by his decree, removed the head of the KSU for two months (Photo: Office of the President of Ukraine)
The KSU press service said that Zelensky exceeded his powers and violated the provisions of art. 1, 6, 8, 19, 106, 147, 149, 153 of the Constitution of Ukraine:
«Decree of the President of Ukraine On the dismissal of a judge of the Constitutional Court of Ukraine of December 29, 2020 No. 607/2020 is legally void and cannot be executed, as it was issued by the President of Ukraine in excess of his constitutional powers, it contradicts the constitutional principles of organization of state power in Ukraine, the principles Constitutional Court of Ukraine, violates constitutional and legal principles. the status of judge of the Constitutional Court of Ukraine ”.
The court charged the president with interfering with the work of the KSU and with interfering with the court’s performance of its duties, threatening legal liability.
“… Judge of the Constitutional Court of Ukraine A. Tupitsky is obliged to continue to perform his official duties in accordance with the Constitution of Ukraine and the law of Ukraine About the Constitutional Court, and the President of Ukraine – to immediately cancel his decree, “he said in the message.
Earlier, the KSU said that the decision to remove a KSU judge can only be made by a court in a special plenary session.
On Tuesday, December 29, President Volodymyr Zelensky dismissed KSU head Alexander Tupitsky for two months after a request from the Attorney General’s Office. The representative of the head of state in the KSU Fedor Venislavsky said that this does not contradict the Constitution, because it is included in the powers of the president.
«According to Article 154, a person appointed by the President of Ukraine can be removed from office for up to two months during the pre-trial investigation, ”he explained.
On December 24, the KSU reported that the court received a subpoena to subpoena the head of the court to the Attorney General’s Office on December 28. «participate in the procedural action ”. According to media reports, he was summoned to raise suspicions. Tupitsky did not come, citing family circumstances. You are suspected of knowingly bribery of a witness and false testimony.
Previously, the Scheme program published an investigation into a possible judicial fraud of 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.
