Kiev. Ukraine. Ukraine Gate – January 4, 2021 – Policy
Retired KSU judge Ivan Dombrovsky stated that in the scandal with the removal from office of the head of the Constitutional Court, both sides of the conflict are wrong.
“Who is right, the president or the CCU? Both sides are wrong. Why? The president has gone beyond the scope of his constitutional powers, this is not provided either by the Constitution or the laws, therefore such an act is simply insignificant. It simply cannot act; it cannot be carried out. Any act, who is accepted and obliges someone to something, was active, he should be punished for those who do not fulfill it. not provided, “he said.
According to the judge, the meeting of the Constitutional Court, which is convened by the suspended Alexander Tupitsky, cannot make decisions.
“Now, with regard to the meeting of the Constitutional Court on January 5. I do not understand what kind of meeting it should be, what is the subject of its discussion. If this is a discussion of the decree, then the court on its own initiative does not have the right to evaluate the decree, you need an appeal from subjects, at least 45 people’s deputies, then this decree can be assessed for constitutionality.
It will simply be some kind of conversation, but after the conversation there should be a decision of the CCU. I do not understand what decision will be, what they will take, what will be the operative part of their decision or decision. Recently, the press service said that this decree is null and void. Then I have a question: why are 15 judges of the Constitutional Court going to a special meeting to discuss an insignificant act? Thus, their meeting, discussion and decision is also insignificant, “he said.
Earlier, the president signed a decree on the removal of Alexander Tupitsky from the position of judge of the Constitutional Court for a period of two months. In turn, the KSU declared the presidential decree “legally null and void” and called on it to be canceled. Meanwhile, the dismissed head of the court announced that he was convening a session of the Constitutional Court for January 5. Alexander Tupitsky is suspected of malfeasance under two articles – bribery of a witness and misleading the court.