The Constitutional Court of Ukraine (CCU) ruled that it was impossible to swear in the judges whom President Volodymyr Zelensky had appointed as judges of the Constitutional Court, as there are currently no vacancies in the CCU, ZN.UA reports.
"Today, the Constitutional Court ruled that it was impossible to swear in Oleksandr Petryshyn and Oksana Hryshchuk, who were appointed judges of the Constitutional Court by President Volodymyr Zelensky on November 26. In this regard, the Constitutional Court adopted a special resolution on the postponement of the oath by these persons," the statement reads.
This decision was made by the Constitutional Court due to the lack of vacancies for judges of the CCU under the President's quota. According to Art. 148 of the Constitution, the CCU consists of 18 judges, who are appointed by the President, Parliament and the Congress of Judges - six judges each.
Adopting this resolution, the CCU proceeded from the fact that at the time of President Zelensky's decree appointing Petryshyn and Hryshchuk, all six positions of CCU judges under the quota of the head of state were filled and today there are no vacancies for which the head of state could appoint new judges. Judges Serhiy Holovaty, Oleksandr Kasminin, Viktor Kolesnyk, Vasyl Lemak, Volodymyr Moisyk, and Oleksandr Tupytsky, whose constitutional term has not expired, hold these positions.
In such a situation, taking the oath of CCU judges Petryshyn and Hryshchuk would lead to an illegal increase in the constitutional composition of the CCU - from 18 to 20 judges, and then to the illegitimacy of the CCU activity in general.
As it was reported, on November 26, President of Ukraine Volodymyr Zelensky has appointed two new judges of the Constitutional Court. They were to hold the positions of chairman Oleksandr Tupytsky and his deputy Oleksandr Kasminin who were suspended because the President revoked the decrees of ex-president Viktor Yanukovych about their appointment. Thus, two positions in the CCU were vacated under the president's quota. The terms of Tupitsky and Kasminin expired in 2022.
President's Office said it would appeal against the decision. Accordingly, Tupytsky and Kasminin remain judges of the CCU, but have been removed from office.