Tupytskyi assured that CCU decisions don't destroy the anti-corruption system and explained that Head of NABU Sytnyk is a hostage of the situation
Photo: UNIAN
The Head of the Constitutional Court, Oleksandr Tupytskyi, believes that Artem Sytnyk, as the director of the National Anti-Corruption Bureau, has become a hostage to the situation because he was appointed unconstitutionally.
Tupytskyi stated this during a briefing on October 30.
"Does he (Sytnyk – ed.) have the right to work after the decision of the Constitutional Court? I want to say at once. It's not about Sytnyk. He is a hostage of the situation because he was appointed unconstitutionally in an excess of authority. Let me apologize to Petro Poroshenko because he appointed the man. But I can understand him. He acted in conditions after the Revolution of Dignity," Tupytskyi said.
He suggested that flaws in anti-corruption legislation appeared out of necessity in the post-revolutionary period.
"Now it's gone, the country cannot live with partially or completely unconstitutional laws. All this will lead to such cases making to court," Tupytskyi said.
He added that according to the law, his deputy can perform the duties of the NABU chairperson.
Oleksandr Tupytskyi also said that the decisions in cases concerning the anti-corruption bodies of Ukraine and being in the Constitutional Court will be such, so the anti-corruption system is maintained.
"As for the system of anti-corruption bodies, the court decisions on NABU, and possibly on other cases, will be such, so we maintain this system. It's very important. And I say this not just to assure you for the future, but because we've already acted like that," the Head of the Constitutional Court said.
He also commented on the decision of the Constitutional Court of September 16, when the Grand Chamber of the Constitutional Court declared certain provisions of the law "On NABU" unconstitutional.
The court then stated that the Verkhovna Rada should immediately bring the law's provisions in line with this decision and that the law's provisions that had been declared unconstitutional would expire three months after adoption.
"3 months is the term agreed and enough for parliament to do it. 6 was possible. 9 was possible. It is an agreement. Not too big term and not too small. It's clear that you can do nothing in a month," Tupytskyi said.
As reported, on August 28, the CCU declared the presidential decree appointing Sytnyk director of NABU unconstitutional.
In May 2020, the Constitutional Court received a petition from 51 deputies on the constitutionality of the Presidential Decree appointing Artem Sytnyk director of NABU.
The petition authors, including Oleksandr Dubinskyi, Maksym Buzhanskyi, Viktor Medvedchuk, Andrii Derkach, and others, believe that the President illegally appointed Sytnyk director of NABU, as the Constitution doesn't stipulate the power of the head of state to appoint NABU directors.
