Clarification on the procedure for termination of powers of Judge of the Constitutional Court of Ukraine
Today, 29 December, at the official website of the President of Ukraine information was published on the Decree of the President of Ukraine on the removal of Oleksandr Tupytskyi from office of the Judge of the Constitutional Court of Ukraine for the term of two months.
With regard to this, we inform about the following.
Pursuant to Article 154 of the Code of Criminal Procedure of Ukraine “the removal from office of persons appointed by the President of Ukraine shall be resolved by the President of Ukraine based on the submission of the prosecutor in the procedure established by the legislation”.
Independence of Judge of the Constitutional Court of Ukraine is ensured, in particular, by the special procedure and grounds for termination of powers, dismissal of Judge of the Constitutional Court of Ukraine from office in the procedure established by the Constitution of Ukraine. The decision on dismissal of Judge of the Constitutional Court of Ukraine from office on grounds specified by paragraph two of Article 149-1 of the Basic Law of Ukraine is adopted exclusively by the Constitutional Court of Ukraine at the special plenary hearing and no other body or official may adopt such decision instead if it.
Thus, a special plenary hearing of the Constitutional Court of Ukraine will be scheduled on the above matter.
