"Laws that are cool in our country, the ordinary judge is dismissed for years, and the head of the Constitutional Court – in five minutes," Vasily Gaydar, expert of the Poltava branch of the Kharkov scientific forensic research institute, opened on May 14 in an important body of judicial jurisdiction of Ukraine. And it was with something: on Tuesday it was KSU, whose leader must take the oath of the newly elected president Vladimir Zelensky, who turned out to be the country's most important news maker.
So while the general public was expecting news from the plenary session of the Grand Chamber of the Constitutional Court about the abolition of the purification law gathered on Zhilyanskaya Street, 14 Themis servants devoted most of the day to their own personnel issues.
After lunch it became known: a dozen votes, they did not trust the head of the court Stanislav Shevchuk. And then – and completely removed from his cloak, followed by choosing a new leader, Natalia Shaptala, whose powers as judges expire within four months.
Such actions by colleagues & # 39; s by the displaced president Shevchuk have already mentioned an unconstitutional coup d'etat committed in the interest of the departing head of state Petro Poroshenko who holds on to power. And he threatened to challenge his resignation in court, and at the same time he turned to law enforcement agencies with statements about committing crimes.
Members of the so-called "Zelensky team" have already responded to what is happening in KSU and their assessments of what has happened, as well as between representatives of the legal community, have fallen apart. Because of what the judges of the Constitutional Court actually broke the spears, which pressure groups participated in this process and what it all meant, the & # 39; country & # 39; discovered.
First of all, we will restore the chronological chain of events surrounding KSU that preceded the May 14 scandal.
It is believed that the escalation of the long-standing, overwhelming conflict between the residents of Zhilyansk contributed to the upcoming presidential election. As well as the clash of different groups affecting the establishment of control over the most important constitutional body, whereby appointments according to the quota area are carried out by the president, the parliament and the congress of judges.
This is confirmed by three discussion stories.
Firstly, this is a recognition by the constitutional court of a clause on illegal enrichment that does not comply with the Basic Law. As Strana wrote, this resulted in the closure of dozens of NABU cases against top officials and law enforcement officers. Such a decision was interpreted by individual speakers as the "favor" of the KSU for / in the interest of Bankova. Representatives of the West spoke sharply about criticism of the "destruction" of Article 368-2 of the Criminal Code of Ukraine
Secondly, the Themis ministers began to rebel against the head of the Constitutional Court. On March 15, the network published a letter from three judges of the CCU – Nikolay Melnik, Sergey Sas and Igor Slidenko. In it they convinced their colleagues of the presence of a whole mountain of violations committed during the year of Shevchuk's leadership by the main constitutional body of judicial jurisdiction. In an interview with Strana, Stanislav Sjevchuk's claim to his speech was rejected and he called them an element of & # 39; political struggle & # 39 ;.
Other revelations from the head of KSU became the third and most obvious factor that influenced later events. The fact is that in an interview with our publication, Shevchuk immediately accused the Poroshenko area of organizing the intimidation of the brother of the KSU head, businessman Rulav Odd (in 2014 he changed his first and last name, his passport name was previously Denis Shevchuk). And he said: if the presidential election is rigged up (and the probability of such a scenario in favor of Poroshenko, then the country's leading media channels are actively writing), he will refuse to take the winner of the race.
According to one version, such statements by Shevchuk on Bankova were seen as his willingness to drive to Zelensky and the refusal to comply with Poroshenko's wishes.
After the second election round, in which the crushing defeat of Poroshenko was noted, the situation with the head of KSU seemed generally exhausted. However, sources in judicial circles soon began to report on a new round of intrigues.
Because of what the judges turned against Shevchuk, and where is the catch
As the "Country" wrote, from the second decade of April the agenda began to raise issues related to attempts to postpone accession to Zelensky & # 39; s position as much as possible in favor of the current government.
According to our publication, one of the elements of this puzzle was the plan for the resignation of the head of KSU. Then a conflict would have arisen – who would swear by the new president? According to the constitution, this must be done by the head of the Constitutional Court. But if it isn't at that moment? So who will do it?
After the & # 39; Country & # 39; had written about this scheme, a major scandal began and the question was postponed. Instead, according to sources of the publication, another plan was launched: firing Shevchuk and placing a more comfortable person in front of the Bank and People's Front. To subsequently influence the situation in the KSU and thereby block the initiatives of the new president.
For this purpose, the pro-government judges (around 6) have concluded an agreement with another influential group in the Constitutional Court of Ukraine – the so-called "Old Donetsk" judges. These are the ones appointed under Yanukovych.
"They are in principle, they only respond to material incentives, Poroshenko now has many of them, as we understand it, but the condition of the" former Don people "was to give their person a tinker. First, Tupitsky became and Litvin. But they were spotted in the media on the morning of May 14 as makers of Bankova, so they decided to nominate a neutral figure – Natalia Shaptala, "the source says.
Other interlocutors "Countries" in legal circles told the opposite interpretation. According to their estimates, the representatives of Shevchuk & # 39; s followed the hype surrounding the newly elected president's oath, knowing that the president of the Constitutional Court was preparing to dispose of. Say, it's Stanislav Shevchuk himself who decided to play a card that said the Poroshenko team is trying to put poles in Zelensky's wheels because of KSU's resignation.
"In fact, Shevchuk had a lot of purely professional and ethical complaints, and he simply left everyone out. And Shaptala is an equidistant and professional person and, moreover, she did not vote for the resignation of Shevchyuk and showed the nobility," said the source.
Another source says the cleansing story was crucial, planned to be considered on May 14, but then postponed.
"The Zelensky team wants the Constitutional Court to repeal the law on cleansing, including the fact that Zelensky's co-worker Andrei Bogdan can have a serious advantage, for example the head of the AP. But the judges said that Shevchuk had a vote on the post. a signal that there is no objection to Shevchuk's resignation and his fate was decided. Now we will see if the lighting will be canceled, "said the source.
By the way, after the resignation, Zelensky & adviser Ruslan Ryaboshapka supported the change of power in court.
"One of the most important factors is the personal rejection of the figure of Stanislav Shevchuk as head of the Constitutional Court by other judges of the CCU. Many judges complained that the proceedings of the CCU were not carried out in the manner prescribed by law, and often were checked by the court in manual mode many other procedural irregularities. All of this accumulated over a certain period of time and eventually this resulted in a decision, "Ryaboshapka told reporters.
Somehow, but 12 votes to deny Shevchuk the status of judge, they collected and removed his cloak.
The basis for this was the conclusion of the Standing Committee on Rules and Ethics of Shevchyuk about the disciplinary violation of Shevchyuk, "expressed in gross and systematic contempt for his duties as a judge." Including one of the examples of such "neglect," the judges considered Shevchuk's interview with "Strana," where he said he had refused to swear by the president who had been elected by forgery. Such a statement was interpreted by the judges as & # 39; the politicization of the court's work & # 39 ;.
In the judgment itself, however, there is no specific reasoning with regard to what exactly caused the decision (and only a reference to the norms and articles of the law).
Photo source: ccu.gov.ua
The displaced KSU manager refused to capitulate himself. According to him, the judges in Zhilyanskaya carried out a coup on May 14, of which Petro Poroshenko is the beneficiary. Judge Denis Nevyadomysky (former KSU adviser), close to Shevchuk, compared on his Facebook page what happened the day before with the events of August 1991 in the USSR on Zhilyanskaya.
"12 traitors apostles tried to gather 12 votes all day and make a decision on their knees. Someone hurried them and they were in a hurry, but the client will be seen by the Emergency Committee's emergency measures," he wrote.
After Shevchuk's resignation, the new head of the Constitutional Court, Natalya Shaptala, was elected, the details of the biography and the path of life that Strana told in detail. In the current story, we only remember: it is believed that fellow countryman, former Attorney General Gennady Vasilyev, has contributed to the progress of this Donetsk justice sender along the career ladder. And let us remind you that Viktor Yanukovych, shortly after Euromaidan, appointed by KSK Shaptala, the security forces were looking for "skeletons in the closet" for some time.
First she, along with other colleagues & # 39; s, acted as a figure in the so-called. "coup cases", expressed in the return of the constitution norms of 1996 sample in the fall of 2010. On suspicion of Natalia Shaptal, as well as other judges of the CCU, who voted for such a decision, this has not been reported .
Secondly, certain questions were raised by law enforcement officials and the son Shaptala – also the judge, but the economic court of the capital. Activists claimed that he was involved in corruption in the administration of justice in the case of the Garantiya insurance company. Supporters of the Minister of Themis have responded to these arguments that there was a provocation against Yevgeny Shaptal to get influence on his mother – the main speaker on the case of cleansing at KSU.
What will happen: versions and comments
Overall, the disposition is as follows: Shevchuk's place (he was promptly removed from the list of acting judges on the CCU page) at the head of the Constitutional Court was taken by another minister of Themis, and temporarily. The fact is that the powers of Natalya Shaptala as judges expire within four months.
And, according to Andrei Portnov, the former deputy head of the presidential administration, what actually happened was that "judges who refocused on Poroshenko, who still formally resemble the people of Yanukovych, want control over the Constitutional Court" . I mean, the so-called "former Donetsk judges" of the KSU (appointed during the reign of the runaway president) agreed with Petro Poroshenko's protégé.
Other experts, on the other hand, are optimistic with regard to staff at KSU.
"In our country, the main Constitutional body made a decision for itself, no, took the responsibility to be, to work, to serve the State and the Constitution, under the guidance of a professional. A person with a great sense of responsibility, empathy, love for Ukraine and Morality. A person who is intelligent and honest, "former prosecutor of the Dnipropetrovsk region, believes Natalia Marchuk.
However, this assessment is not shared by everyone.
"What about the Constitutional Court? Nothing, you can prepare a de jure liquidation," writes Andrei Fedur on Facebook.
"This is simply embarrassing: when a mechanism was developed to end the powers of the KSU judges in the constitutional assembly, we assumed that status should be protected, taking into account respect for the rule of law by the judges of KSU itself … This should have been a guarantee against abuse … But neither in the Venice Commission nor in the professional environment could they imagine that their attitude towards the final formulation of the law procedures and perhaps so & # 39; n disgraceful behavior of the judges themselves would disrupt … Trust Him this remains nauseous Whatever the reason, we all know what happened How to make fun of the rule of law in every way ", – wrote lawyer Maryna Stavniychuk.
From further gestures, the CCU will understand who has taken control of the main court of constitutional jurisdiction and how to use these reins. And the first stone, as already mentioned, should be the law on purification, the judges of which refused to discuss the standards for compliance with the constitution on May 14.