The SBU investigation found proof of the Constitutional Court judges’ participation in a criminal conspiracy aimed at seizing power, and sent it to the Prosecutor General’s Office for announcement of suspicion against chairman of the court, Yurii Baulin. SBU spokesperson Markian Lubkivsky made a statement on June 16. In particular, he wrote: “Head of the SBU Valentyn Nalyvaichenko has signed and sent to the Prosecutor General’s Office of Ukraine proof for implementation of suspicion to Head of the Constitutional Court of Ukraine Yurii Baulin, suspected of committing a crime provided in Article 364, part 2, of the Criminal Code of Ukraine (abuse of power or position, which resulted in serious consequences). Which, actually, led to the usurpation of power by Yanukovych.”
In his turn, member of the Public Lustration Committee, member of the Public Council for Lustration at the Ministry of Justice of Ukraine Karl Volokh notified: “According to the summary of the investigation, questioning of witnesses, study of documents and trial transcripts, the necessary amount of information was gathered to indicate the involvement of the Constitutional Court judges in unlawful actions and adoption of illegal decisions during the presidency of Viktor Yanukovych.” Holding the Constitutional Court judges responsible is in the Prosecutor General’s Office’s capacity.
By the way, on April 8, 2015, on the basis of the request by the Public Lustration Committee, the SBU registered a criminal case regarding the criminal conspiracy of the former president of Ukraine Viktor Yanukovych, judges of the Constitutional Court, and other high officials, aimed at the change of the constitutional order and usurpation of power in the country.
“The case goes back to the events of September 30, 2010, when judges delivered the infamous judgment on the restoration of the Constitution of 1996,” comments to The Day law professor Viktor Musiiaka, one of the authors of the Ukrainian Constitution. “The way the SBU proves these suspicions should be thoroughly studied. That infamous decision of the Constitutional Court was virtually a tool for the constitutional coup which was perpetrated in our country. And all judges who participated in it were obviously involved in the process.”
“The activities of the Constitutional Court bear formal characteristics of crime, namely, abuse of power,” said Oleh Bereziuk, head of the NGO Ukrainian Legal Association, in his comment to The Day. “The CC judges had no right to pass such decisions, that is why the court has exceeded its legal authority. Personally I think that the Constitutional Court must be abolished. It has already committed two provocations as of today. In 2004, it ruled that Leonid Kuchma might run for the third presidential term. This resulted in people taking to streets, and the Orange Revolution took place. In 2010, the decree of the Constitutional Court restored the powers, granted by the 1996 Constitution, to Viktor Yanukovych, even though he began his campaign on the terms of the 2004 Constitution. The unlawful restoration of powers enabled him to usurp power. The result of it was the Revolution of Dignity and loss of lifes. Therefore, speaking of constitutional control, I am convinced that it must be entrusted with the Supreme Court of Ukraine.”
