News
News&events

The daughter of the candidate for the Constitutional Court Oleksandr Sybiha lives in Moscow, and the candidate Petryshyn "sanctified" Leonid Kuchma's right to run for the third term

Читати українською.

The daughter of Oleksandr Sybiha, ex-judge of the Supreme Economic Court of Ukraine and a candidate for the Constitutional Court recommended by the Selection Commission, lives in the Russian Federation. This was announced by the Chair of the Board of the DEJURE Foundation Mykhailo Zhernakov, showing the screenshots of the social media account of the judge's daughter, who indicated her place of residence in Moscow. This is confirmed by her numerous photos.

Oleksandr Sybiha is one of seven candidates for the Constitutional Court recommended to the President by a Selection Commission. Analysts of the NGOs reported that Sybiha did not declare a residential building in Kyiv with a total area of 719.5 square meters and a Porsche Cayenne car.

The candidate has a negative opinion of the Public Integrity Council issued in 2017. Oleksandr Sybiha was the head of the panel of judges, which refused to satisfy the cassation appeal of the Deputy Prosecutor of Kyiv to declare illegal and cancel the decision of the Kyiv City Council on the construction of an office and residential complex at 12-a, Kyianivsky lane in Shevchenkivskyi district of Kyiv. The disputed land plot belonged to St. Sophia Cathedral, included in the UNESCO World Heritage List. The Public Integrity Council has ruled that the judge's preference for the commercial interests of the developer over the public interest in preserving the World Heritage Site is a manifestation of his dishonest conduct.

“In some ways, neither the fact that Mr Sybiha's daughter is living in the aggressor state, nor the negative opinion of the PIC, nor the amount of information about Sybiha's undeclared assets affected the members of the Commission who recommended him to the Constitutional Court. More than a year ago, the Secretary of the National Security and Defense Council, Oleksandr Danilov, after the disgraceful decision of the CCU to abolish e-declaration, stated that the judges of the CCU are governed by the Russian Federation. Now we all have a chance to get another CCU judge connected with the enemy, who can be influenced through his daughter.”

- said Mykhailo Zhernakov, Chair of the Board of the DEJURE Foundation.


Another candidate for the Constitutional Court, recommended by the Selection Commission – the President of the National Academy of Legal Sciences of Ukraine Oleksandr Petryshyn, who "sanctified" Leonid Kuchma's right to run for a third term with an opinion of the Department of Theory of Law of the Yaroslav the Wise National Law Academy, which he headed in 2004. According to the opinion, President Kuchma's second term should be considered the first presidential term, so he has the right to run in the next presidential election again.

In 2019, Oleksandr Petryshyn prepared a conclusion in favour of the HQCJ, in which he absurdly stated that members of the Public Council of Integrity have no right to appeal to the court against illegal actions of the High Qualification Commission of Judges, as the PIC is not in the register of public organizations. In his conclusion, Petryshyn referred to non-existent facts - apparently that the PIC website contains information that it is a public organization. In fact, there was no such information.

“The public is aware of at least two cases when Oleksandr Petryshyn was manipulating the law. There is no doubt that in his new position Petryshyn can continue his previous practice - to adjust the provisions of law and invent facts for the decision dictated "from above". It is such candidates as Petryshyn and Sibiga that the Selection Commission decided to add to the already dubious composition of the current Constitutional Court. Moreover, there are currently no legally vacant positions in the Constitutional Court under the President's quota.”

- said Mykhailo Zhernakov, Chair of the Board of the DEJURE Foundation.


At the end of October, the Selection Commission recommended candidates to the Constitutional Court. The ranking list includes seven candidates: Oleksandr Vodyannikov, Oleksandr Petryshyn, Oleksandr Sybiha, Oksana Shcherbanyuk, Mykhailo Savchyn, Oksana Hryshchuk and Oleksandra Karmaza.

Earlier, NGOs urged President Zelensky not to appoint judges to the Constitutional Court until the relevant vacancies appear in the manner prescribed by the Constitution. Otherwise, for a full nine years - the term of office of judges of the Constitutional Court - the Constitutional Court and any of its decisions will be illegitimate.