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Zelensky withdraws bill depriving Constitutional Court judges of authorities

Source : 112 Ukraine

Thus, the consideration of this document was removed from the agenda
19:02, 27 January 2021

Official website of the President of Ukraine

President of Ukraine Volodymyr Zelensky has withdrawn for improvement bill #4288 on the restoration of public trust in the constitutional proceedings as the bill’s card states.

Thus, the consideration of this document was removed from the agenda.

Related: The pro-Russian forces behind Ukraine’s constitutional crisis

The bill supposes:

  • to recognize improper (insignificant) the decision of the Constitutional Court of Ukraine #13-r/2020 on case #1-24/2020 (393/20) as adopted in the personal interests of the judges of the Constitutional Court of Ukraine, arbitrary and ungrounded that contradicts the principle of the supremacy of law and denying European and Euro-Atlantic choice of the Ukrainian people;
  • to provide consistency of the actions of norms of the Criminal Code of Ukraine, the Law of Ukraine ‘On prevention of corruption’ regardless the adoption of the decision of the Constitutional Court of Ukraine dated October 27, 2020, #13-r/2020 on case #1-24/2020 (393/20);
  • to stop authorities of the constitution of the Constitutional Court of Ukraine that acted in the personal interests and despite the interests of people who is the power holder and the only source of the sovereignty;
  • to provide the selection and appointment of the judges of the Constitutional Court of Ukraine in the order established of the Constitution of Ukraine and the Law of Ukraine ‘On the Constitutional Court of Ukraine’.

Related: Constitutional Court's decision threatens Ukraine’s visa-free travel with EU, - MFA

The text of the bill states that the necessity of the adoption of this law explained by the following points;

  • on October 27, 2020, the Constitutional Court of Ukraine made a decision on the constitutional submission of 47 MPs of Ukraine on the recognition of some paragraphs of the Law of Ukraine ‘On prevention of corruption’ and the Criminal Code of Ukraine as unconstitutional without provision of proper justification;
  • such a decision significantly goes beyond the constitutional submission that is the basis for the recognition of the paragraphs as unconstitutional;
  • the Constitutional Court of Ukraine through manipulation resorted to the adoption of decision #13-r/2020 on case #1-24/2020 (393/20);
  • there is a necessity to provide the preservation of the European and Euro-Atlantic choice of the Ukrainian society, compliance with the principle of the supremacy of law over the constitutional bodies, elimination of the threat to the national security of Ukraine and provision of the observation of the supremacy of law established by the Constitution of Ukraine.

Related: Constitutional crisis: How does the government plan to solve it?

Earlier, the Constitutional Court of Ukraine recognized the norm about the criminal responsibility for false declaration unconstitutional. According to the court’s decision, the criminal responsibility for a false declaration is ‘excessive punishment’ for a person. The punishment for false declaration is ‘disproportional to the inflicted harm’.

On October 29,  Volodymyr Zelensky convened an urgent meeting of the National Security and Defense Council (NSDC) to determine measures for the immediate response of the state to threats to national security.

Later, the Cabinet of Ministers ordered the National Agency for the Prevention of Corruption (NAPC) to immediately restore citizens' access to the register of declarations of officials.

Related: Head of Constitutional Court of Ukraine suspended from office

Besides, President of Ukraine Volodymyr Zelensky submitted draft law No.4288 for the Parliament's consideration. The bill offers MPs to deprive the Constitutional Court judges of their authorities and to restore the law on a declaration that the Court had canceled.

In his turn, Chair of the Constitutional Court Oleksandr Tupytsky stated that the bill initiated by President Volodymyr Zelensky has characteristics of the constitutional coup in Ukraine.

On December 28, the Office of the Prosecutor General of Ukraine sent President Volodymyr Zelensky an appeal, asking him to temporarily remove Head of Constitutional Court Oleksandr Tupytsky from his office.

Related: State Investigation Bureau informs Ukraine's Constitutional Court head of suspicion

Earlier, President's Envoy in Constitutional Court Fedir Venislavsky claimed that Tupytsky was supposed to show up at the Office of Prosecutor General on Monday, December 28; he was supposed to receive the charge papers there.

Finally, on December 29, Volodymyr Zelensky signed the decree that suspends Oleksandr Tupytsky from the office for two months.

Watch review of Year 2020 here:

 

 

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