Tupysky, Kasminin appeal to Supreme Court against Zelensky's decree to cancel their appointment as Constitutional Court's judges

KYIV. March 30 (Interfax-Ukraine) – The Cassation Administrative Court within the Supreme Court of Ukraine has received a claim in which the plaintiff challenges President of Ukraine Volodymyr Zelensky decree on the abolition of presidential decree No. 256 on the appointment of Oleksandr Tupytsky as a judge of the Constitutional Court of Ukraine dated May 14, 2013.

"On March 29, 2021, a lawsuit was filed with the Cassation Administrative Court within the Supreme Court, in which the plaintiff challenges the President of Ukraine decree No. 124/2021 on some issues of ensuring the national security of Ukraine dated March 27, 2021, in terms of repealing the President of Ukraine decree No. 256 on the appointment of the plaintiff as a judge of the Constitutional Court of Ukraine dated May 14, 2013," the court said.

The claim was assigned the registration number of the case No.9901/96/21.

It is noted that on the same day a lawsuit was filed to appeal against Zelensky's decree No. 124/2021 dated March 27, 2021 on the cancellation of the President of Ukraine decree No. 513 on the appointment of the plaintiff as a judge of the Constitutional Court of Ukraine, dated September 17, 2013.

The registration number of the case is No.9901/97/21.

As reported, on March 27, President of Ukraine Volodymyr Zelensky canceled presidential decree No. 256 on the appointment of Oleksandr Tupytsky as a judge of the Constitutional Court of Ukraine, dated May 14, 2013.

The relevant decree on some issues of ensuring the national security of Ukraine was signed on March 27, according to the presidential website.

By the same decree, Zelensky canceled presidential decree No. 513 on the appointment of Oleksandr Kasminin as a judge of the Constitutional Court dated September 17, 2013.

According to the decree said that "individual judges of the Constitutional Court, appointed by Viktor Yanukovych, while continuing to exercise their powers, pose a threat to the national independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms."

The decree abolishing the appointment of Tupytsky and Kasminin as judges of the Constitutional Court was signed in accordance with Part 2 of Article 102, clauses 1, 17 of Part 1, Part 3 of Article 106 of the Constitution, Articles 3 and 13 of the law on national security of Ukraine.

On October 27, 2020, the Constitutional Court recognized as unconstitutional a number of provisions of the law on the prevention of corruption and criminal liability for declaring false information. This decision drew criticism from Ukraine's international partners and creditors.

In response, the Verkhovna Rada created a working group to overcome the constitutional crisis, prepared and supported bills No. 4470, which resumes the full-fledged work of the NACP, and No. 4471, which clarifies the powers of the NACP in relation to judges, judges of the Constitutional Court, aimed at ensuring compliance with the guarantees of their independence during administrative proceedings.

Head of the Constitutional Court Tupytsky, was summoned to the Prosecutor General's Office on December 28 for interrogation in criminal proceedings No.12013110060002990 on the criminal organization of former head of the Economic Court Viktor Tatkov and his deputy Yemelyanov, registered in 2013, the investigation of which is now being conducted by the Directorate for Maidan Affairs of the State Bureau of Investigations (SBI).

On December 29, Ukrainian President Volodymyr Zelensky signed a decree dismissing Tupytsky from the position of a judge of the Constitutional Court for a period of two months. In response, the Constitutional Court said that such a decision was made at a special plenary session of the Constitutional Court, Zelensky, by his decree, went beyond his constitutional powers, and the provisions of the Criminal Procedure Code of Ukraine, which the presidential decree refers to, do not apply to judges of the Constitutional Court.

The SBI served Tupytsky with charges of knowingly false testimony and bribery of a witness.

The SBI also said 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 agency and the appearance of persons on the summons of the investigator.

On February 26, Zelensky signed a decree to remove Tupytsky from the position of a judge of the Constitutional Court from February 28 for another month.