Formally, the judges of the Constitutional Court explained that there are no vacancies in the court. The judges of the Constitutional Court did not mention the decrees of President Zelensky to cancel the appointment of two judges of the Constitutional Court, but referred to the procedure for the appointment and dismissal of judges of the Constitutional Court from the Constitution
The Constitutional Court of Ukraine
The judges of the Constitutional Court (CC) of Ukraine refused to accept the appointees of President Vladimir Zelensky. This is stated in a message published on the website of the Constitutional Court of Ukraine.
Formally, the decision of the Constitutional Court states that the oath of the judges appointed by the President to the Constitutional Court, Oksana Grishchuk and Alexander Petrishin, will be postponed until vacancies appear in the highest court of the country. places of judges. Zelensky's conflict with the Constitutional Court began in December 2020.
Then Zelensky, by his decree, dismissed the chairman of the Constitutional Court, Alexander Tupitsky. “ I sign this decree to restore justice and resolve the constitutional crisis, '' & mdash; then the head of state explained. The procedure for removing the head of the Constitutional Court by presidential decree is not provided for in the Basic Law of Ukraine. Despite this, the guards stopped allowing Tupitsky to enter the workplace.
On March 27, 2021, Zelensky canceled the 2013 decrees of former President Viktor Yanukovych on the appointment of Alexander Tupitsky and Alexander Kasminin as judges of the Constitutional Court. Such a procedure in relation to judges of the Constitutional Court is not provided for by law; the lawyers then assessed the situation as an excess of his powers by the president. The suspended judges challenge this decision of the president.
On November 26, 2021, Zelensky signed decrees # 596 and # 597 on the appointment of the “ dismissed '' judges Grischuk and Petrishina.
The Ukrainian Constitutional Court consists of 18 judges who are appointed for nine years without the right to reappointment according to quotas: six from the president, six from the Verkhovna Rada and six from the Congress of Judges of Ukraine.
At a meeting on November 30, 2021, the judges of the Constitutional Court decided, that there are no vacancies in the court under the presidential quota.
“ For the period 2013-2018, the President of Ukraine appointed six judges of the Constitutional Court of Ukraine, whose powers have not been terminated and who have not been dismissed from positions on the grounds specified in Art. 149-1 of the Constitution of Ukraine & raquo;, & mdash; stated in the decision of the Constitutional Court.
This article defines the grounds for the termination of powers of judges of the Constitutional Court and their dismissal. Neither the removal from office by a presidential decree, nor the cancellation of the previous decrees by the next president are among such grounds.
In the fall of 2020, the State Bureau of Investigation of Ukraine reported that it had initiated two cases against Tupitsky under articles on treason and illegal alienation of land in Crimea.
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