Ukrainian President Volodymyr Zelensky dismissed two of Ukraine’s Constitutional Court judges, including its chairman. Zelensky said his decision, the latest skirmish in a long-running battle with the court, was intended to safeguard national interests and spearhead the drive against corruption, as demanded by the IMF.
But opponents – and legal experts – say the president is on shaky ground with his latest initiative and may have violated laws and the very constitution itself.
Zelensky has been locking horns with court head Oleksandr Tupytsky – appointed by his reviled predecessor Viktor Yanukovych in 2013 — since last year and has already tried various legal mechanisms to remove him and dissolve the court, so far without success.
A presidential decree said the dismissal of Tupytsky and judge Oleksandr Kasminin was part of a long-running audit of his predecessor’s decrees. And even in the absence of further moves against both men, the president said, “this does not mean that people who for many years damaged Ukraine’s national interests can relax or sleep soundly’.
Blocking anti-corruption efforts
Zelensky has long complained that Tupytsky was blocking attempts to uproot corruption. These included a court ruling striking down legislation obliging public officials to declare assets and moves to strip the National Agency on Corruption Prevention of many of its powers.
Commentators said Zelensky had no authority to sack the judge.
“This looks very much like an attempt to put out a fire after pouring a can of petrol all over it,” Nazar Chorniy, legal expert and journalist wrote on the website Bukvy.
“The decree on removing Oleksandr Tupytsky as head of the Constitutional Court is at variance with the constitution as much as it possibly could be.”
It is uncertain whether the move will pleaseWestern creditors, like the IMF, which has urged the president to take concrete action in his vaunted drive against corruption.
The IMF agreed a $5 billion standby credit programme last year, but after an initial disbursement of $2.1 billion, no more money has been forthcoming. During its latest mission in February, the IMF called for more progress on ensuring central bank independence, reforms to the legal system and measures to combat corrupt practices.
IMF spokesman Gerry Rice said last week those issues remained at the top of the agenda.
“Preserving the integrity, the independence and effectiveness of Ukraine’s anti‑corruption institutions are also crucial preconditions for investment in growth and the requirement under the current IMF support program on which the status of which discussions continue,” he said.
Zelensky has acknowledged differences with the IMF, but presidential adviser Oleh Ustenko said he was still aiming to ensure a resumed flow of credits.
“As far as we understand, the president’s office is moving ahead with the process of reaching an agreement,” Ustenko told Ukraina 24 television. “And a plan A. That means a plan for continuing our cooperation with the IMF.”