Ukrainian CC head’s dismissal gives grounds for Zelenskiy’s impeachment

The norm of the Criminal Procedure Code referred to by the president can be applied only to officials, representatives of the Opposition Platform – For Life party have said

The decree of Ukrainian President Volodymyr Zelenskyy to dismiss Oleksandr Tupytskyy as a judge of the Constitutional Court (CC) grossly violates the country’s constitution and creates legal grounds for the launch of the impeachment procedure against the head of state. The Opposition Platform – For Life party said in a statement on Wednesday.

“The Opposition Platform – For Life party considers such a gross violation by Volodymyr Zelenskyy of the letter of the law and the Constitution of Ukraine as a direct criminal action of the head of state against the judiciary, which is a strong reason to start the impeachment procedure”, –  it said.

The statement stressed that neither the constitution nor the legislation of the state had a mechanism that would provide for dismissal of the CC judges.

“The norm of the Criminal Procedure Code to which the president refers can only be applied to officials”, –  the document specifies.

The party believes that Zelenskyy is trying to disrupt the work of the CC in order “to prevent it from taking decisions on the land law, the language law and many other acts”.

On 29 December, Zelenskyy issued a decree suspending CC head Oleksandr Tupitskyy from his post as judge for two months. The decision was taken at the request of the prosecutor-general’s office. The deputy head of the presidential office, Andriy Smirnov, explained that the petition was based on an article of the Criminal Procedure Code, according to which “officials appointed by the president shall be removed from office upon a prosecutor’s motion, and the decision shall be taken by the president”.

For its part, the CC secretariat said on Wednesday that the presidential decree was unconstitutional, was legally null and void, and that Tupitskyy could continue to serve as a judge.

Ukrainian CC head’s dismissal gives grounds for Zelenskiy’s impeachment