Information on non-admission of the Chairman of the Constitutional Court of Ukraine to the administrative building of the Constitutional Court of Ukraine on January 19, 2021
The territory of the Constitutional Court of Ukraine and administrative buildings (buildings "A" and "B") at 14 Zhylyanska Street, 01033 Kyiv are under round-the-clock supervision and protection of the 1st Department of the 6th Service of the Department of Objects Guarding of the Administration of State Guard of Ukraine.
The Procedure for admission to the buildings of the Constitutional Court of Ukraine was approved by the Chairman of the Constitutional Court of Ukraine on February 1, 2018 №12/1/2018 - RSO/dsk.
On January 19, 2021, at approximately 8 a.m. Kyiv time, Oleksandr Tupytskyi as the Chairman of the Constitutional Court of Ukraine was not allowed to enter the premises of the Constitutional Court of Ukraine (14 Zhylyanska Street, 01033 Kyiv, Ukraine).
In order to clarify the circumstances caused by the non-admission of the Chairman of the Constitutional Court of Ukraine to the administrative building of the Constitutional Court of Ukraine, a telephone conversation was held at approximately 10.20 a.m. on January 19, 2021 at (044) 256-97-45 (the number of reception of the Head of the Administration of State Guard of Ukraine, major general Serhiy Rud) in which the secretary noted that "now the chief holds a meeting, and after its end she will transfer information on the raised question to him". The contact numbers of the Constitutional Court’s employee were left. As of 3.00 p.m. on January 19, 2021, the Head of the Administration of State Guard of Ukraine or his subordinates have not got in touch.
A similar situation has developed with the State Bureau of Investigation. On the hotline number (044) 300-27-07, the SBI operator promised to pass information to the SBI Director's office regarding the clarification of the situation in connection with the non-admission of the Chairman of the Constitutional Court of Ukraine to the administrative building of the Constitutional Court of Ukraine. The contact numbers of the Constitutional Court’s employee were left as well. As of 3.00 p.m. on January 19, 2021, the Director of the SBI or his subordinates have not got in touch on the issue.
The fact of non-admission (by servicemen of the 1st Department of the 6th Service of the Department of Objects Guarding of the Administration of State Guard of Ukraine) of Oleksandr Tupytskyi as the Chairman of the Constitutional Court of Ukraine to the premises of the Constitutional Court of Ukraine (his office) at 14 Zhylyanska Street, 01033 Kyiv, Ukraine, located on the territory protected by the Administration of State Guard of Ukraine is certified by a commission in the form of a relevant act signed by the staff of the Secretariat of the Constitutional Court of Ukraine.
According to the information posted on the official website of the Administration of State Guard of Ukraine on January 19, 2021, the following is stated: “in connection with the appeal of the State Bureau of Investigation to the Administration of State Guard of Ukraine on compliance with the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, compliance with the requirements of the Decree of the President of Ukraine of 29.12.2020 №607/2020, as well as to eliminate the risks in connection with which Oleksandr Tupytskyi was removed from the position of a judge of the Constitutional Court of Ukraine and in order to prevent him from entering the premises of the Constitutional Court of Ukraine for the period of the Presidential Decree of 29.12.2020 №607/2020 (two months), servicemen of the Administration of State Guard of Ukraine act only on the basis and within the powers provided by the current legislation”.
Article 19.2 of the Constitution of Ukraine stipulates that state authorities and local self-government bodies, their officials are obliged to act only on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine.
In order to prevent illegal actions against the Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi, relevant letters were sent to the Administration of State Guard of Ukraine and the State Bureau of Investigation. The fact of non-admission of the Chairman of the Constitutional Court of Ukraine to the administrative building of the Constitutional Court of Ukraine is certified by a commission act signed by the staff of the Secretariat of the Constitutional Court of Ukraine.
