Minister of Justice Denys Malyuska is recognized as the record holder who has held his post since the time of the first government under the presidency of Volodymyr Zelenskyi. The government has undergone changes, other former members, such as Mykhailo Fedorov and Dmytro Kuleba, now occupy other positions.
In August 2024, it will be five years since Malyuska heads the justice departments, which include international courts, the penitentiary system and registration services. Political experts do not attribute Malyuska to a specific political group, seeing him more as an extravagant official with a specific sense of humor.
In an interview for BBC Ukraine, Malyuska had to answer serious questions about the legality of mass mobilization, the recruitment of convicts into the army, and the legitimacy of President Zelenskyi's powers after May 21.
The BBC asked what the legal significance of Russia's wanted notice for President Zelensky is for Ukraine. Denys Malyuska noted that in addition to Zelenskyi, other high-ranking officials are also included in the search. This means that travel of any kind, be it business or personal, to countries that are not pro-Western or active allies of Ukraine, becomes more risky.
Due to the mechanisms of mutual legal assistance, problems, requests, delays - all these procedural and bureaucratic difficulties can arise. Although the current president, Volodymyr Oleksandrovych, is allowed to travel freely because he has immunity as head of state, this position is not permanent. Therefore, in theory, Russia can cause problems abroad in countries that support it. However, the probability that these requests will reach the Interpol database and receive support is very small.
Even Interpol sometimes lets our compatriots pass, because it is a large bureaucratic structure, - noted Malyuska. This can make or limit travel for those who have been declared wanted. At the same time, the investigation of Zelenskyi by the International Criminal Court is a more serious situation than what Russia has done through its domestic investigations.
The BBC often raises a topic related to the legal aspects of the current president of Ukraine, namely his legitimacy after May 21, when his five-year term ends. Denys Malyuska noted that the president will not lose his legitimacy, as his powers continue until the election of the next one.
However, according to Malyusyka, many provisions of the Constitution are formulated in such a way that they can become the subject of speculation or conspiracy theories. Often they can be used to create noise and panic. For example, some provisions on wartime are imperfectly formulated, which creates certain misunderstandings.
Regarding the issue of declaring a state of war, Malyuska noted that it does not make sense from a legal point of view. Even specialists in international humanitarian law believe that declaring or not declaring a state of war does not affect the fact that Ukraine is in a state of war. This is just a formality that has no legal significance.
The BBC is considering applying to the Constitutional Court to clarify the issue of the president's legitimacy. However, Denys Malyuska refuses such a step, noting that it would go beyond his authority. Taking into account the situation in the country, he believes that it is not appropriate to turn to the Constitutional Court now, as it may lead to negative consequences.
When asked about the legitimacy of the president's decrees and documents from May 21, Malyuska confirms that they remain valid. He notes that the rule on the term of office of the president has never been applied directly and needs interpretation.
In a dialogue with the BBC, Malyuska also expresses her attitude to the possibility of removing some norms from the Constitution. He points out the ambiguities and imperfections in the text of the Constitution that need to be corrected, but believes that it is not possible to do this now, especially in the conditions of war.
Finally, when asked about a lawsuit to the Supreme Court regarding the appointment of presidential elections, Malyuska believes that it has no legal basis, and he sees no prospects for such a decision.