Original article us on the website of the political party
Information about the gross interference of the current Ukrainian government led by President of Ukraine Volodymyr Zelensky in the activities of the Constitutional Court of Ukraine received a wide international response. Recently, the pressure on the courts of general jurisdiction has also increased, which intensified after the Administrative Court of Cassation within the Supreme Court adopted on July 14 declared illegal the decree of the President of Ukraine from March 27, 2021, by which it canceled the decree of one of the previous presidents on the appointment of Oleksandr Tupytsky as a judge of the Constitutional Court. He is currently the Chairman of the Constitutional Court of Ukraine, but the State Protection Service does not let him into his workplace.
At the moment, a number of lawsuits are under consideration by the Administrative Court of Cassation in the Supreme Court regarding the cancellation of decrees of the President of Ukraine on the enactment of decisions of the National Security and Defense Council of Ukraine regarding the imposition of sanctions against a number of legal entities and individuals. According to lawyers and experts, these decrees were issued with gross violations of the Constitution and laws of Ukraine and can be canceled by the Supreme Court. Among the most resonant are the decree of the President of Ukraine dated February 2, 2021 on the closure of the three leading information channels 112 Ukraine, NewsOne, ZIK, as well as decrees on the imposition of personal sanctions against certain opposition politicians and even their family members.
It is likely that in the coming months the Supreme Court, which, despite significant pressure from the Ukrainian authorities, still retains certain independence in its activities, could rule to cancel these decrees of the President of Ukraine.
In such circumstances, the Ukrainian authorities have found a way to block or at least postpone the consideration of these cases in the Supreme Court.
According to media reports, the Security Service of Ukraine (SBU), which is directly subordinate to the President of Ukraine and headed by his longtime partner Ivan Bakanov, under far-fetched pretexts began an urgent inspection of activities of the Supreme Court related to state secrets.
At the same time, the Security Service of Ukraine first provided the Supreme Court with materials that it classified as documents containing state secrets, although many of them had already been made public earlier on the Internet. In addition, the documents provided by the Security Service of Ukraine were created after the promulgation of the relevant decrees of the President of Ukraine and are not adequate evidence from the point of view of procedural legislation. Thus, the Security Service of Ukraine first created artificial grounds for conducting an audit of the implementation of activities related to state secrets in the Supreme Court and then began an urgent audit.
As a result, the consideration of these cases in the Supreme Court is blocked, and it protects the President of Ukraine from responsibility for issuing deliberately illegal decrees, deals a serious blow to the justice system in Ukraine and undermines the foundations of a democratic, rule-of-law state and, as a result, is another step towards usurpation of state power in Ukraine.
The illegal activity of the Security Service of Ukraine deserves a separate assessment, the reform of which has never happened, although this is one of the key international obligations of Ukraine. According to the law, one of the main tasks of the Security Service is to protect the constitutional order in Ukraine, but in recent years the SBU has turned into a blind instrument in the hands of the President of Ukraine and his entourage and carries out their criminal instructions, which is confirmed by a completely different recent story associated with judge Mykola Chaus.
Unfortunately, the Security Service of Ukraine, instead of fulfilling its tasks to protect the state sovereignty and territorial integrity of Ukraine, focuses its efforts on criminal activities: persecuting opposition politicians and dissidents, destroying independent media, covering up raider seizures of private property, falsifying criminal cases, and recently it is engaging in unlawful pressure on the judiciary.
This situation is unprecedented in all 30 years of the existence of the independent Ukrainian state. During all this time, for the first time, such gross violations of the constitutional principle of the rule of law have been observed in Ukraine and the interference of the security agency - the Security Service, directly subordinate to President of Ukraine Volodymyr Zelensky - in the work of the Supreme Court in order to obstruct the administration of justice.
We are asking to turn attention to the situation that has developed in our country and, if possible, provide all possible assistance to the Ukrainian people in restoring constitutional law and order in Ukraine.
Opposition Platform - For Life party