Zelenskiy attempts to remove the Head of the Constitutional court after scandalous records released

UKRAINE - In Brief 30 Dec 2020 by Dmytro Boyarchuk
President Volodymyr Zelenskiy ordered to remove the Head of the Constitutional court Oleksandr Tupytskiy from his position for two months. Mr. Tupytskiy will remain a judge of the Constitutional court but he will not execute his duties for two months, the President Office explains. This move is the continuation of the constitutional crisis which started at the end of October. The President has been silent for quite some time since then. But Zelenskiy decided to act more aggressively after journalists released records with Mr. Tupytskiy discussing bribes and corrupt schemes he participated. Publicly this move was received positively. However, lawyers reacted skeptically, claiming that President has no right to such actions (removal of the Head of the Constitutional court). Only the High Council of Justice (HCJ), as a body of judicial self-governance, can deliver such decisions. Putting it differently the decree of the President on Mr. Tupytskiy's removal is illegal, and the Constitutional court will easily ignore this step. Ironically, the HCJ remains unreformed, and Zelenskiy has refused to touch this body so far. In other words, the action Zelenskiy has started contains more risks to himself as an illegal action and «usurpation of power» than for the judges of the Constitutional court. I can hardly predict in what direction this story might lead us but I see little chance for Zelenskiy to come out dry from the water. Unlike previous presidents, he is making too many documented mistakes that could be used against him when he leaves the presidential post.

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