Zelensky cancels Yanukovych's decrees on appointments of Tupytsky, Kasminin as Constitutional Court judges
President of Ukraine Volodymyr Zelensky canceled presidential decree No. 256 of May 14, 2013 on the appointment of O. Tupytsky as a judge of the Constitutional Court of Ukraine.
The corresponding decree on some issues of ensuring the national security of Ukraine was signed on March 27, according to the website of the head of state.
By the same decree, Zelensky canceled presidential decree No. 513 on September 17, 2013, on the appointment of O. Kasminin as a judge of the Constitutional Court.
The decree comes into force on the day of its publication.
According to the text of the document, the decree was signed with the aim of guaranteeing the Constitution of Ukraine, human and civil rights and freedoms, ensuring state independence and national security.
It is also noted that the head of state was guided by the national interests of Ukraine in accordance with the law on National Security of Ukraine, according to which a democratic constitutional system is one of the fundamental national interests.
He also took into account the statement of the Verkhovna Rada in connection with the seventh anniversary of the Euromaidan and the events of the Revolution of Dignity, approved by the parliamentary resolution of February 17, 2021, which emphasized that the usurpation of power in 2010-2014 by Viktor Yanukovych led to undermining of the foundations of national security and defense, as well as violation of human rights and freedoms.
The decree notes that "certain judges of the Constitutional Court appointed by Viktor Yanukovych, while continuing to exercise their powers, pose a threat to the state independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms."
The decree on the cancelation of the appointments of Tupytsky and Kasminin as judges of the Constitutional Court was signed in accordance with Part 2 of Article 102, Paragraphs 1 and 17 of Part 1, Part 3 of Article 106 of the Constitution, and Articles 3 and 13 of the law on National Security of Ukraine.
Part 2 of Article 102 of the Constitution stipulates that the President of Ukraine is the guarantor of state sovereignty, territorial integrity, as well as observance of the Constitution, human and civil rights and freedoms.
Article 106 of the Constitution stipulates that the President ensures the independence and national security of the state. This article also stipulates that the President, on the basis of and in pursuance of the Constitution and the laws of Ukraine, issues decrees and orders that are binding on the territory of Ukraine.
As reported, on October 27, 2020, the Constitutional Court recognized as unconstitutional a number of provisions of the law on prevention of corruption and criminal liability for declaring false information. This decision drew criticism from Ukraine's international partners and creditors.