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As of July 2021 [update] , there is an ongoing constitutional crisis in Ukraine since 27 October 2020, when the Constitutional Court of Ukraine invalidated much of Ukraine's 2014 anti-corruption reform as unconstitutional. [1]
In July 2020, 49 People's Deputies of Ukraine (47 of these were members of the Opposition Platform — For Life political party [2] [3] ) appealed to the Constitutional Court with a motion to recognize as unconstitutional the law on the High Anti-Corruption Court of Ukraine of 7 June 2018. [4] On 16 September, the Constitutional Court ruled unconstitutional certain provisions of the law on the National Anti-Corruption Bureau of Ukraine (NABU). [4] On 28 July, it declared unconstitutional the Presidential decree of 16 April 2015 on the appointment of Artem Sytnyk as NABU Director. [4] On 27 October the court, on the motion of 47 legislators, recognized the provisions of the laws on e-declarations' vetting as unconstitutional and stripped the relevant watchdog, the National Agency on Corruption Prevention (NACP) of powers to vet declarations and identify conflicts of interest. [4] This decision deprived the NACP of access to state registers required for vetting declarations of candidates for government offices, thus blocking the appointment of officials, including those elected in the October 2020 Ukrainian local elections. [4] The NABU responded by claiming that as a result of the court ruling, all criminal cases probing inaccurate asset declaration would be closed, while officials exposed on abuse would avoid responsibility. [4] On 28 October, the NACP shut down public access to the Unified State Register of Asset Declarations , which was restored overnight the following day in line with the Shmyhal Government decision following public outrage. [4]
The 27 October ruling of the Constitutional Court of Ukraine ruled invalidated much of Ukraine's 2014 anti-corruption reform as unconstitutional. [1] Following the decision, President Volodymyr Zelenskyy warned that if parliament did not restore these anti-corruption laws, foreign aid, loans and a visa-free travel to the European Union were at risk. Governor Kyrylo Shevchenko of the National Bank of Ukraine reported that Ukraine will not receive the scheduled $700 million IMF load before the end of 2020 because of the issue. IMF assessment teams had not visited Ukraine for eight months, which is necessary for further IMF loan tranches to be released. [5] [6] The European Union (EU) issued a statement that the court's decision called "into question a number of international commitments which Ukraine assumed in relation to its international partners, including the EU." [2]
On 29 October, President Zelenskyy submitted to the Ukrainian parliament a draft law, offering an early termination of powers of the Constitutional Court's entire composition. [4] Lawmakers rejected this bill, including several members of Zelenskyy's ruling Servant of the People political party. [2] [7] Some accused him of a power grab. [2] [7] On 27 January 2021 Zelenskyy withdrew the bill. [8]
On 4 December 2020, the Ukrainian parliament restored anti-corruption legislation shut down by the court decision, when it reauthorized criminal penalties for officials who provide false information about their incomes. [9]
In December 2020, the Constitutional Court of Ukraine was unable to carry out its usual functions because of some justices boycotting the court. [10] On 29 December 2020 President Zelenskyy suspended the courts chairperson Oleksandr Tupytskyi for two months in an effort to end the crisis. [11] The following day the Constitutional Court stated it considered the President's decree "legally insignificant" and they did not plan to implement it. [7] The Prosecutor General's office had also asked President Zelenskyy to suspend Tupytskyi for two months after he failed to show up for police questioning. [12] Tupytskyi is under investigation of alleged attempts to influence a witness through bribery and providing false testimony three times in a case against a company that produces transport equipment in 2018 and 2019, when he served as deputy chairman of the Constitutional Court. [12]
On 8 February 2021, the Kyiv District Administrative Court dismissed a lawsuit requested by Tupytskyi against the State Security Administration for not allowing him to work in the Constitutional Court. [13] The court noted that Tupytskyi had not provided evidence confirming the danger to "his rights and interests." [13]
On 26 February 2021, President Zelenskyy signed a decree that suspended chairperson Tupytskyi for another month. [14]
On 27 March 2021, Zelenskyy annulled the decree of former President Viktor Yanukovych of May 2013, appointing Oleksandr Tupytskyi and Oleksandr Kasminin judges of the Constitutional Court of Ukraine. [15] According to Zelenskyy, their tenure did "pose a threat to state independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms." [15] According to Zelenskyy, their appointments were canceled following an audit of the decrees of President Yanukovych carried out by the National Security and Defense Council of Ukraine. [16]
On 14 July 2021, the administrative court within the Constitutional Court declared Zelenskyy's 27 March 2021 decree illegal and revoked it. [17] The court concluded that "the President of Ukraine does not have the authority to decide on the dismissal or termination of powers of judges of the Constitutional Court or to decide to revoke the decree on the previous appointment of a judge of the Constitutional Court." [17]
On 19 October 2021 the Constitutional Court (itself) began considering the constitutionality of President Zelenskyy's three decrees that suspended the courts own chairperson Tupytskyi. [18] Proceedings were opened due to a constitutional request of 49 Ukrainian MP's, mostly members of the Batkivshchyna faction. [18]
On 26 November 2021 President Zelenskyy appointed Oksana Hryshchuk and Oleksandr Petryshyn judges of the Constitutional Court, although on 14 July 2021 the Constitutional Court had declared Zelenskyy's 27 March 2021 decree to dismiss Oleksandr Tupytskyi and Oleksandr Kasminin illegal and thus technically there were no vacancies in the Constitutional Court. [19] Four days later, the judges of the Constitutional Court decided not to swear in Hryshchuk and Petryshyn "until vacancies appear." [20]
Viktor Fedorovych Yanukovych is a former Ukrainian politician who served as the fourth president of Ukraine from 2010 to 2014. He also served as the prime minister of Ukraine several times between 2002 and 2007 and was a member of the Verkhovna Rada (parliament) from 2006 to 2010. A member of the pro-Russian Party of Regions, Yanukovych provoked mass protests — the Euromaidan — after his unexpected rejection of the European Union–Ukraine Association Agreement approved by the Rada, under the pressure from Russia and was removed from the presidency by the Ukrainian parliament in 2014, at the time neighboring Russia started to annex Ukrainian Crimea and started the Russo-Ukrainian War. Since then, he has lived in exile in Russia.
The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was no notion of judicial review nor any Supreme court since 1991's Ukrainian independence when it started being slowly restructured.
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine in terms of laws and other legal acts.
Yuriy Vitaliyovych Lutsenko is a Ukrainian politician, Ukrainian Interior Minister and member in the Armed Forces of Ukraine during the Russian invasion of Ukraine.
The political crisis in Ukraine lasted from April to June 2007 was part of political stand off between coalition and opposition factions of Verkhovna Rada that led to the unscheduled 2007 Ukrainian parliamentary election. It started on 2 April 2007 as a culmination of long lasting crisis and degradation of the parliamentary coalition when the President of Ukraine attempted to dissolve the parliament.
Oleksandr Valentynovych Turchynov is a Ukrainian politician, screenwriter, Baptist minister and economist. He is the former Secretary of the National Security and Defence Council of Ukraine.
The president of Ukraine is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties. The president is directly elected by the citizens of Ukraine for a five-year term of office, limited to two terms consecutively.
Corruption is a significant issue in Ukrainian society going back to the dissolution of the Soviet Union in 1991. After declaring independence from the Soviet Union, Ukraine faced a series of politicians from different sides of the political spectrum, as well as criminal bosses and oligarchs, who used the corruption of police, political parties, and industry to gain power. Despite improvements, corruption remains an obstacle to joining the European Union.
Oleksandr Yuriyovych Vilkul, also known as Aleksandr Yuryevich Vilkul is a Ukrainian businessman and politician who is currently serving as Head of the Ukrainian Military Administration of Kryvyi Rih. He has previously served as Vice Prime Minister of Ukraine and Governor of Dnipropetrovsk Oblast.
The governor of Kharkiv Oblast is the head of the executive branch for the Kharkiv Oblast.
The governor of Kherson Oblast is the head of executive branch for the Kherson Oblast in Ukraine.
The governor of Cherkasy Oblast is the head of executive branch for the Cherkasy Oblast.
Parliamentary elections were held in Ukraine on 21 July 2019. Originally scheduled to be held at the end of October, the elections were brought forward after newly inaugurated President Volodymyr Zelenskyy dissolved parliament on 21 May 2019, during his inauguration. The elections resulted in an outright majority, a novelty in Ukraine, for Zelenskyy's Servant of the People party, which won 254 seats.
Oleksandr Oleksandrovich Danylyuk is a Ukrainian politician and military serviceman who served as the Secretary of the National Security and Defense Council (2019), the Minister of Finance of Ukraine (2016-2018). Danylyuk is a co-founder and the Head of the Center for National Resilience and Development.
The governor of Kirovohrad Oblast is the head of executive branch for the Kirovohrad Oblast.
Servant of the People is a liberal, centrist, pro-European political party in Ukraine. Since both the 2019 Ukrainian presidential election and the 2019 Ukrainian parliamentary election, it has been the ruling political party in Ukraine. It is best known for being the political party of President Volodymyr Zelenskyy.
The National Agency on Corruption Prevention is a national anti-corruption agency of the Ukrainian government which is responsible for shaping and implementing anti-corruption policy, while creating an environment conducive to corruption prevention. It has been functioning since 2016.
Volodymyr Oleksandrovych Zelenskyy is a Ukrainian politician and former entertainer who has served as the sixth and current president of Ukraine since 2019, most notably during the full-scale Russian invasion of Ukraine, which has been ongoing since February 2022.
The Shmyhal government is the current government of Ukraine, formed on 4 March 2020 and led by Denys Shmyhal, who was previously serving as Deputy Prime Minister in the Honcharuk government, and the Governor of Ivano-Frankivsk Oblast.
Oleksandr Mykolayovych Tupytskyi, is a Ukrainian former official, lawyer, judge who had been the 12th chairman of the Constitutional Court of Ukraine from 2019 to 2022.
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6th President of Ukraine (2019–present) | |||||||
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