President of Ukraine Volodymyr Zelensky signed a decree on the dismissal of Head of the Constitutional Court Oleksandr Tupytsky from the post of a judge of the Constitutional Court for a period of two months.
"I am signing this decree for the sake of restoring justice and resolving the constitutional crisis," Zelensky said on Tuesday evening.
According to the information, the decision was made after the specialists of the President's Office received and processed an appeal from the Prosecutor General's Office, signed by the acting Prosecutor General, to dismiss judge of the Constitutional Court Tupytsky from post for a period of two months.
Deputy Head of the President's Office Andriy Smyrnov said that the appeal was aimed at the execution of Article 154 of the Criminal Procedure Code, which provides that officials appointed by the President of Ukraine are dismissed from office at the request of the prosecutor, and the decision is made by the President.
"We have not established any reservations about the possibility of its considering and making appropriate decisions," he said.
"Of course, I support the president's decision to dismiss Mr. Tupytsky from the post of a judge of the Constitutional Court. First of all, this is a completely logical continuation of the process that we started in parliament, when we collected 226 signatures of MPs under an appeal to the Constitutional Court of Ukraine to voluntarily resign, because now there is no public trust in this institution," Head of the Servant of the People faction David Arakhamia said.
He also said that the head of the Constitutional Court was informed of the suspicion by the Prosecutor General's Office on articles that demonstrate a conflict of interest.
According to experts in the field of constitutional law, neither the Constitution of Ukraine, nor the law of Ukraine on the Constitutional Court determine a special procedure for such a procedural action, which is the dismissal of a judge of the Constitutional Court of Ukraine from the exercise of official duties, representative of the President of Ukraine at the Constitutional Court of Ukraine Fedir Venislavsky said.
"This is not a suspension, not the termination of his powers as a judge, this is a temporary measure provided by Article 154 of the Criminal Procedure Code of Ukraine. The President of Ukraine, pursuant to the Constitution and the laws of Ukraine, in accordance with the Constitution, issues decrees. In accordance with Article 154, the person appointed by the President of Ukraine may be temporarily dismissed from office for up to two months during the pretrial investigation. That is, the President of Ukraine acts in full accordance with his constitutional powers, dismissing Mr. Tupytsky from the post of a judge of the Constitutional Court for two months," Venislavsky said.