The head of the Constitutional Court of Ukraine (CS) Oleksandr Tupytskyi filed a lawsuit against the State Security Administration (UGO) in the District Administrative Court of Kyiv (OASK) for not allowing him to exercise the authority of the head of the Constitutional Court of Ukraine.
"The court is now deciding the issue of the opening of proceedings on this administrative claim," the press service of the OASK said in a statement on the court's Facebook page.
According to the information, Tupytsky is asking to recognize as illegal the actions of the UGO to prevent him from fulfilling the powers of the head of the Central Committee.
"In addition, he asks the OASC to oblige the UGO and persons employed in the Department to refrain from actions that would obstruct the admission of the plaintiff - Alexander Tupytskyi to the office in the building of the Constitutional Court, the KSU building itself, as well as the land plot, on which the building of the Constitutional Court of Ukraine is located," the message says.
As reported, on October 27, 2020, the Constitutional Court found unconstitutional a number of provisions of the law "On Prevention of Corruption" and criminal responsibility for declaring false information. This decision provoked criticism from Ukraine's international partners and creditors.
In response, the Verkhovna Rada created a working group on the way out of the constitutional crisis, prepared and supported draft laws No. 4470, resuming full-fledged work of the NAPK, and №4471, clarifying the authority of the NAPK in relation to judges, judges of the Constitutional Court, directed to ensure compliance with guarantees of their independence during administrative proceedings .
The head of the Criminal Court Tupytsky was summoned by a summons on December 28 to the Office of the Prosecutor General for questioning in criminal proceedings No. 12013110060002990 about the criminal organization of the former head of the Khozsud Viktor Tatkov and his deputy Emelyanov, registered in 2013, the investigation of which is now being conducted by the Office of the Ukrainian Central Bank for Maidan Affairs
On December 29, President of Ukraine Volodymyr Zelenskyi signed a decree removing Tupytskyi from the position of judge of the Constitutional Court for a period of two months. In response, the Constitutional Court declared that such a decision was taken at a special plenary session of the Constitutional Court, Zelenskyy with his decree went beyond his constitutional powers, and the provisions of the Code of Civil Procedure of Ukraine, to which the presidential decree refers, do not apply to judges of the Constitutional Court.
The State Bureau of Investigation (GBR) notified Tupytsky of suspicion of knowingly false testimony and bribery of a witness.
"Investigators of the State Bureau of Investigation in coordination with Acting the Prosecutor General was informed of the suspicion of the judge of the Constitutional Court of Ukraine, which exercises the administrative functions of its head, in the commission of criminal offenses against justice, provided for in Part 2 of Article 384, Article 386 of the Criminal Code of Ukraine (knowingly false testimony, combined with the artificial creation of defense evidence, bribery of a witness with the aim of refusing to give evidence)," the press service of the GBR reported.
Also, the SGB noted that the judge prevents the establishment of the truth in criminal proceedings in which he is a suspect, in particular, by preventing subordinates from providing documents at the request of the pre-trial investigation body and the appearance of persons on investigator's subpoenas.
"Moreover, the head of the KSU, after reporting the suspicion, imitates his non-handover, failure to enter the status of a suspect, by visiting the workplace. The Secretariat of the Court of Justice has actually turned into the legal firm of its head, since the latter prepares, prints, registers, and sends documents for the head of the Court that have nothing to do with constitutional proceedings, but only related to his participation in criminal proceedings," the Bureau emphasized.
On January 21, Tupytsky addressed the President of Ukraine, Volodymyr Zelenskyi, with an open appeal, in which he declares the violation of the Constitution and the law by the employees of the State Security Office (UGO) and asks to bring them to justice.
