Head of the Constitutional Court of Ukraine (CC) Oleksandr Tupytsky declares that he is ready to come to receive suspicion notice and asks Prosecutor General of Ukraine Iryna Venediktova to provide proper procedural guidance, as well as to appeal to President Volodymyr Zelensky on the cancellation of the decree on his dismissal.

"I am ready to come to participate in the relevant procedural action (serving a suspicion notice to me) at the date and time specified by you or another competent person in the prescribed manner," Tupytsky said in a statement dated January 19, sent to Venediktova on Tuesday.

The statement also contains a request addressed to Venediktova "to ensure proper procedural guidance of the pretrial investigation in criminal proceedings No. 12013110060002990, eliminate violations committed by prosecutors and investigators of the State Bureau of Investigations" and provide an opportunity to exercise his constitutional right to defense. He also asks the Prosecutor General to "take appropriate legal action" in relation to the investigators of the SBI and prosecutors who "committed the indicated violations of the law and official abuses."

Tupytsky also asks Venediktova to appeal to the head of state to cancel his decree No. 607/2020 of December 29, 2020 on his removal from office as a judge of the Constitutional Court.

In addition, the website of the Constitutional Court contains a refutation of the provisions of the statement of the SBI, in particular, that Tupytsky hinders the establishment of the truth in criminal proceedings in which he is a suspect, in particular, by preventing subordinates from providing documents at the request of the pretrial investigation body and the appearance of persons on the investigator's summons.

It is indicated that the presidential decree on the removal of Tupytsky from the office of a judge does not contain any instructions or prohibitions on his admission to the premises of the Constitutional Court, and the state security officers did not allow him to go to court in violation of specific provisions of the Constitution, the law on state security and the Procedure for admission to the premises of the Constitutional Court, which, in particular, explicitly prohibits the servicemen of the security unit from hindering the access of judges of the Constitutional Court to the object of protection or in any other way to interfere with their activities. "At the same time, no explanations, written instructions (orders) were provided by the employees of the said Department [of state security]," the message says.

The Constitutional Court also notes that, in accordance with Part 9 of Article 24 of the Law on the Constitutional Court, the judge of the Constitutional Court must report suspicion of committing a criminal offense to the Prosecutor General or the person exercising his powers, which "makes it illegal to carry out this procedural action by any persons."

Earlier, the press service of the SBI reported that the investigators of the Bureau notified Tupytsky of suspicion of committing criminal offenses under Part 2 of Article 384, Article 386 of the Criminal Code of Ukraine (knowingly false testimony combined with artificial creation of defense evidence, bribing a witness in order to refuse testifying).

The SBI also noted that the judge hinders the establishment of the truth in criminal proceedings in which he is a suspect, in particular, by preventing subordinates from providing documents at the request of the pretrial investigation body and the appearance of persons on the summons of the investigator. "Moreover, the head of the CC, after reporting a suspicion, imitates failure of receiving it, non-entry into the status of a suspect, visiting the workplace," the Bureau stressed.

In addition, the SBI said that investigators are taking measures to ensure the implementation of presidential decree No. 607/2020, according to which the head of the Constitutional Court for two months has no right to exercise the powers of a judge of the Constitutional Court and its head and stay in the premises of this court.