The EU and Batkivshchyna are trying to return Tupytsky to a position in the Constitutional Court

A number of people's deputies of "European Solidarity" and "Batkivshchyna" filed a petition with the Constitutional Court to appeal the presidential decrees on the removal of judges of the Constitutional Court Oleksandr Tupytsky and Oleksandr Kasminin. This is stated in message on the CCU website.

On April 8, 2021, the Constitutional Court of Ukraine received a constitutional petition from 49 people's deputies on the constitutionality (constitutionality) of presidential decrees:

  • "On removal from office of a judge of the Constitutional Court of Ukraine" of December 29, 2020 №607 / 2020,
  • "On removal from office of a judge of the Constitutional Court of Ukraine" of February 26, 2021 №79 / 2021,
  • "On some issues of national security of Ukraine" of March 27, 2021 №124 / 2021.

The authors ask to recognize the acts of the President as inconsistent with a number of provisions of the Constitution.

Deputies emphasize that "The Constitution not only does not give the President the right to remove a judge of the Constitutional Court from office, but also does not provide for the possibility of removing a judge of the Constitutional Court from office.».

The submission also states that "The president, in fact violating the fundamental constitutional principle of the presumption of innocence, arbitrarily and at his own discretion questioned the possibility of Tupytsky and Kasminin exercising their powers, and unconstitutionally revoked decrees appointing them in excess of their powers. KS».

The deputies also ask to allow Serhiy Vlasenko's colleague from Batkivshchyna to consider this petition, and to declare the proceedings urgent due to the "threat of destabilization of the Constitutional Court."

What is happening between the CCU and the President's Office

Problems with the Constitutional Court for Zelensky and his team began in late October. Then the court actually abolished the system of electronic declaration, which dealt a blow to anti-corruption reform.

This caused a political scandal: due to this decision of the judges, Ukraine predicted serious problems with international partners, almost to the point of stopping cooperation with the IMF and abolishing visa-free travel with the EU.

President Zelensky tried to dissolve the Constitutional Court through the Verkhovna Rada, but the deputies had doubts about the legitimacy of his initiative.

Nevertheless, Volodymyr Zelensky stated that such actions managed to stop further dubious decisions of the Constitutional Court. He also stated that Oleksandr Tupytsky could no longer head the Constitutional Court.

The Constitutional Court insists that it acted exclusively on the Constitution and upheld the independence of the judiciary. Eventually, the Verkhovna Rada gradually restored the electronic declaration system, taking into account the decision of the Constitutional Court and the advice of the Venice Commission.

Criminal liability for false declarations has been returned, but the violators are no longer threatened by the prison. At the same time, the head of the Constitutional Court, Tupytsky, was summoned to court hearings, which he successfully completed ignores.

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