Sacked Ukrainian judge rejects dismissal as illegal
Yushchenko dismissed Stanik "for breaching the oath"
Syuzanna Stanik [former judge of the Constitutional Court of Ukraine] has said that her dismissal was illegal, according to NTN television report, translated by the BBC Monitoring Service.
On 1 May, President Viktor Yushchenko signed a decree dismissing Stanik from her post "for breaching the oath".
Speaking in an exclusive interview with NTN, she said that she did not breach the oath.
The president`s decree of 1 May dismissing her lacks the observance of a necessary procedure because, according to the law on the Constitutional Court and the court`s procedures, the issue of breaching the oath should first be considered by a special commission which should forward its conclusions to the Supreme Council [parliament].
Article 126 of the constitution, which the president referred to, says that judges can be dismissed by the body which appointed them.
Stanik said: “The law on the Constitutional Court has a clear provision which says that the issue of a judge breaching the oath should be considered by the Supreme Council.
This is why, speaking or thinking about the decree, I arrived at a very simple conclusion: whether the president of Ukraine has the right to interpret the constitution and the laws of Ukraine. Our country`s laws say he cannot. Article 150 of the Constitution of Ukraine grants such a right only to the Constitutional Court of Ukraine.”
This news was monitored by the Action Ukraine Monitoring Service for the Action Ukraine Report (AUR), Morgan Williams, SigmaBleyzer, Editor.