NACP: Administrative protocol drawn up against Tupytsky, who canceled special session of Constitutional Court
Head of the National Agency for Corruption Prevention (NACP) Oleksandr Novikov has drawn up an administrative protocol against Head of the Constitutional Court Oleksandr Tupytsky, who canceled a special session of the court to consider the issue of his disciplinary offence.
"The head of the National Agency for Corruption Prevention drew up an administrative protocol against suspended judge of the Constitutional Court of Ukraine Oleksandr Tupytsky. The protocol was drawn up in accordance with Part 1 of Article 172-7 of the Code of Administrative Offences of Ukraine, regarding failure to notify about the existence of a real conflict interests," the NACP said in the message on its website on Friday.
"Tupytsky did not notify the Constitutional Court about the conflict of interest that arose on the basis of sending an appeal to the court by the State Bureau of Investigations [SBI] about the commission of a disciplinary offence by him. Tupytsky canceled the order on the meeting at which this SBI appeal was to be considered. Thanks to the SBI appeal, we managed to find this violation," the NACP said, citing its head Oleksandr Novikov.
The NACP explains that the essence of the violation is that the Constitutional Court received an appeal from the SBI on the commitment of a disciplinary offence by Tupytsky, which is incompatible with the status of a judge. "Deputy Head of the Constitutional Court Serhiy Holovaty, who, in accordance with Part 7 of Article 33 of the law of Ukraine on the Constitutional Court of is the person legitimately acting as the head of the Constitutional Court, by his order convened a special plenary session, at which it was planned to consider the SBI appeal [...] Tupytsky, despite the removal from office of the head of the Constitutional Court, illegally issued an order by which he canceled the earlier issued order of Holovaty, and also convened a special plenary session of the Constitutional Court for another date. Having a real conflict of interest, Tupytsky did not inform the court about it," the NACP said in a message.
The agency also informs that on March 26, a session of Holosiyivsky District Court in Kyiv was to be held in order to consider two protocols drawn up by the NACP in February this year. The protocols relate to Tupytsky's actions in conditions of a conflict of interest during voting for the decision of the Constitutional Court on electronic declaration and non-declaration of land plots in the Autonomous Republic of Crimea.
"Tupytsky did not appear at the hearing. Consequently, the court could not consider the case, because the Code of Administrative Offences of Ukraine stipulates that the case can only be considered with the participation of the accused," the message said.