Illegitimate Tenure of the KCS Secretariat Head: Law Violation or Political Maneuver?
In contemporary Ukraine, the legal integrity of the judicial system faces significant scrutiny amid the controversial situation surrounding Viktor Beskhatny, the head of the Secretariat of the Constitutional Court (KCS).
According to existing legislation, his five-year term in this position expired as early as January 2025.
Nevertheless, based on unofficial reports and deputy appeals, he continues to perform the duties of the head of the Secretariat without official reappointment, raising serious legal concerns and calling into question the legitimacy of the court’s entire activity.
Appeals from Member of Parliament Yulia Yatsyk and legal advocates emphasize that, by law, appointment to the top ‘A’ category position must be made for a five-year period with the possibility of reappointment.
In 2024, when his term ended, the court issued a decision to extend his service for an additional year, but this move was problematic due to absence of proper signatures from all participating judges, thus questioning its legitimacy.
As a result, his continued presence in the role is technically unlawful, and important decisions made during this period are subject to doubt.
The law explicitly states that extensions can only occur within the existing term and cannot substitute official reappointment, implying that from January 16, 2025, his tenure should have ceased.
However, ignoring this legal requirement, he remains in office, causing numerous negative consequences for the court’s functioning and legal stability.
MP Yulia Yatsyk urges the KCS and the National Agency on Civil Service to investigate the facts and take corrective actions within their authority.
The case also highlights the problematic political dependence of the Constitutional Court, which affects its independence and legitimacy, especially considering past irregularities involving Beskhatny’s participation in separatist movements in eastern Ukraine and other political intrigues.
This situation underscores the importance of strict legal control and transparency in appointments at high judicial levels to ensure the rule of law and protection of citizens’ rights.