15:35 30.12.2020

Tupytsky should continue to perform his duties, Zelensky immediately cancel his decree – Constitutional Court

2 min read
Tupytsky should continue to perform his duties, Zelensky immediately cancel his decree – Constitutional Court

The Constitutional Court of Ukraine said that judge Oleksandr Tupytsky should continue to perform his official duties in accordance with the Constitution of Ukraine and the law of Ukraine on the Constitutional Court of Ukraine.

As the press service of the Constitutional Court said in a commentary on the presidential decree on the dismissal of Tupytsky, Zelensky acted beyond his constitutional powers and violated the provisions of Articles 1, 6, 8, 19, 106, 147, 149, and 153 of the Constitution of Ukraine.

"Thus, from a constitutional and legal point of view, decree of the President of Ukraine No. 607/2020 on the dismissal of a judge of the Constitutional Court of Ukraine dated December 29, 2020 is legally void and cannot be enforced, since it was issued by the President of Ukraine in excess of his constitutional authority and contradicts the constitutional principles of the organization of state power in Ukraine, the constitutional principles of the activities of the Constitutional Court of Ukraine, and infringes on the constitutional and legal status of a judge of the Constitutional Court of Ukraine," the statement on the court's website said.

The Constitutional Court said that this decree is actually illegal interference in the activities of a judge of the Constitutional Court of Ukraine, an obstacle to the performance of his official duties, which entails legal liability.

"Based on this, judge of the Constitutional Court of Ukraine Oleksandr Tupytsky should continue to perform his official duties in accordance with the Constitution of Ukraine and the law of Ukraine on the Constitutional Court of Ukraine, and the President of Ukraine should immediately cancel his decree No. 607/2020 of December 29, 2020," the court said in a statement.

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