Is the new Constitutional Court judge Oleksandr Petryshyn corrupt?
A ceremonial oath-taking ceremony for Oleksandr Petrishin is scheduled for the morning of September 21 at the Constitutional Court.
President Volodymyr Zelenskyy appointed him to the position last year. And he did so in violation of procedure, as the appointment itself filled a vacancy that didn't exist, as the entire presidential quota had already been filled.
The Anti-Corruption Action Center has discovered another possible violation by Alexander Petrishin.
Having already been appointed a judge of the Constitutional Court, he could have continued in his paid position as president of the National Academy of Legal Sciences of Ukraine. This is expressly prohibited by law.
On November 26, 2021, President Zelenskyy issued a decree appointing Petryshyn to the position of Constitutional Court judge. By law, a person acquires the status of a Constitutional Court judge on the day following their appointment.
The law also states that a Constitutional Court judge's remuneration is paid from the day following their appointment. This means that, as of November 27, Oleksandr Petryshyn not only received the status of a Constitutional Court judge but also the right to judicial remuneration.
The Constitutional Court subsequently refused to swear Petryshyn into office because the court did not have the appropriate quota. Therefore, Oleksandr Petryshyn did not receive the powers of a Constitutional Court judge. However, the fact that he did not receive the powers of a Constitutional Court judge in no way alters the fact that he acquired the status of a Constitutional Court judge and became entitled to compensation.
At the same time, Oleksandr Petryshyn continued to serve as president of the National Academy of Legal Sciences of Ukraine, a budgetary organization, and was entitled to receive a salary there.
The law states that “a judge of the Constitutional Court may not hold any other paid positions or perform any other paid work, except for scientific, teaching, or creative work.”
This means that Petryshyn may have committed a corruption-related offense, which carries a fine and confiscation of income from his part-time work.
The State Prosecutor's Office has already submitted a corresponding statement to the National Agency for Corruption Prevention.
All such problems could be avoided if, before being appointed to the position of Constitutional Court judge, candidates were subject to a preliminary screening by a qualification commission. Such a commission should include international experts and representatives of the public, and this is precisely the selection procedure proposed by the Venice Commission. Public statement on this matter here
Skelet.Org
The Constitutional Court "sent" Zelensky...
Subscribe to our channels in Telegram, Facebook, Twitter, VC — Only new faces from the section CRYPT!