Dismissal of Tupytsky by investigating judge ruling contradicts Ukraine's Constitution – Constitutional Court

17:35, 28.12.2020 1 min read

The Constitution of Ukraine provides for an exhaustive list of grounds for terminating the powers of a judge of the Constitutional Court and his or her dismissal, the court said, commenting on the appeal sent to President of Ukraine Volodymyr Zelensky to dismiss Head of the Constitutional Court Oleksandr Tupytsky.

"It is logical to link the specified norm of the Constitution with the provisions of Article 149 of the Constitution of Ukraine in the aspect of independence and immunity of judges of the Constitutional Court of Ukraine. Therefore, the decision to dismiss a judge of the Constitutional Court of Ukraine, the head and his deputy in accordance with the provisions of Part 2 of Article 154 of the Criminal Procedure Code of Ukraine, on the basis of the ruling of the investigating judge during the pretrial investigation or the trial will contradict Article 149-1 of the Constitution of Ukraine," the press service of the Constitutional Court said on Monday.