The Supreme Court explained the annulment of Zelensky’s decree on Tupytsky

The court believes that Zelensky’s cancellation of the decree appointing Tupytsky is a violation of guarantees of independence and inviolability of a CCU judge.Earlier Tupitsky was sent a suspicion of bribery of a witness and in knowingly false testimony of a witness / Photo UNIAN, Vyacheslav RatinskyEarlier Tupitsky was sent a suspicion of bribery of a witness and in knowingly false testimony of a witness / Photo UNIAN, Vyacheslav Ratinsky

The Supreme Court explained its decision to declare illegal and cancel the decree of President Volodymyr Zelensky to cancel the appointment of Oleksandr Tupytsky as a judge of the Constitutional Court of Ukraine.

According to the court’s Facebook page, the President of Ukraine is obliged to act only within the powers defined by the Constitution and laws of Ukraine.

The powers of the President of Ukraine regarding the formation of the Constitutional Court are exercised exclusively by issuing decrees appointing judges … Another way for the President of Ukraine to exercise constitutional powers related to the formation of the Constitutional Court of Ukraine, in particular by repealing previously issued acts on personnel issues. concerning the appointment of a judge of the Constitutional Court of Ukraine to this position), the Basic Law of Ukraine does not provide “, – the court emphasized.

The panel of judges considers Zelensky’s reference to the fact that the legal basis for signing the relevant decree is the norms of paragraph 17 part 1 of Art. 106 of the Constitution of Ukraine, as this paragraph does not regulate the formation of the CCU, but only determines the powers of the President to exercise leadership in the areas of national security and defense of the state and military personnel issues within his jurisdiction.

It is noted that the main reason for issuing this decree was that Tupytsky and some other judges of the CCU voted for the decision of this court on October 27, which led to the repeal of some anti-corruption legislation and “to destabilize the socio-political situation in Ukraine, discredit our states in the international arena “.

“However, the panel of judges, without assessing and analyzing the above decision, notes that the issuance by the President on this basis of an act repealing the decree appointing a person to the position of a CCU judge is a violation of the Constitution and laws of Ukraine guarantees independence and immunity of a CCU judge. may be prosecuted for voting in connection with the adoption of decisions by the court and the provision of conclusions, except for the commission of a crime or disciplinary misconduct, “- explained in court.

The relevant decision of the panel of judges may be appealed to the Grand Chamber of the Supreme Court.

Today, the Supreme Court declared illegal and overturned the decree of President Volodymyr Zelensky to cancel the appointment of Oleksandr Tupytsky as a judge of the Constitutional Court of Ukraine.

The case against Tupytsky

On December 28, 2020, Tupytsky did not appear for a summons to the Prosecutor General’s Office. Notices of suspicion of bribing a witness and knowingly false testimony of a witness were sent to him by mail.

According to the investigation, for selfish motives and in personal interests and in the interests of the former chairman of the Supreme Commercial Court, Tupytskyi influenced the witness in the criminal proceedings by bribing him to refuse to testify or give false testimony.

In addition, Tupytsky three times during 2018-2019 provided false testimony to the Investigative Department of Special Investigations of the Prosecutor General’s Office, combined with the artificial creation of evidence by the defense in criminal proceedings on the seizure of property assets of Zuevsky Energomechanical Plant.

The President of Ukraine Volodymyr Zelenskyi first removed Tupytsky from the position of a judge of the Constitutional Court, and then signed a decree repealing the presidential decrees of 2013 on the appointment of Tupytskyi and Oleksandr Kasminin as judges of the Constitutional Court.

The president called Tupitsky and Kasminin “persons who have harmed Ukraine’s state interests for many years.”

Both judges appealed the presidential decree to the Supreme Court.

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(c)UNIAN 2021

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