The president signed the relevant decrees on dismissal on July 5, 2019. Thus, Zelensky disregarded Article 18 of the law of Ukraine ‘On the Anti-Monopoly Committee’, the provisions of Article 19 and, potentially, 106 of the Constitution of Ukraine.

The law of Ukraine ‘On the Anti-Monopoly Committee’ states that the president dismisses the deputy chairpersons and state commissioners. Nevertheless, the law does not give the president the power to dismiss them at his own will.

The grounds for their dismissal, in addition to the general ones determined by the labor legislation, are provided by Article 18 of the law: on the state of health that prevents the continuation of work; voluntarily; in case of gross misconduct or crime.

Zelensky’s decrees on dismissal do not specify any of the grounds for their dismissal provided by law.

Given this, the president violated Article 19 of the Constitution of Ukraine, according to which public authorities have to act only within the powers and in the manner prescribed by the Constitution and laws of Ukraine.

Article 106 of the Constitution defines the powers of the president. This list is not exclusive, as it contains paragraph 31: ‘President exercises other powers defined by the Constitution of Ukraine’.

However, no other norm of the Constitution provides for the right of the president to dismiss state commissioners of the Anti-Monopoly Committee.