From Law to Alchemy: Zelenskyy’s Experiment with the Acting SBU

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It turns out that our Constitution is an elastic document. It stretches, crumples, and, when convenient, turns into a napkin — especially when there is a strong desire to make an appointment.

Thus, a wartime “miracle” occurred at the SBU: Volodymyr Zelenskyy effectively installed an acting head in a position where the Constitution explicitly provides no such option.

Article 106, paragraph 14 — dull, old-fashioned, but stubborn. The President may only submit a proposal to appoint or dismiss the Head of the SBU. The Verkhovna Rada appoints and dismisses. Not Bankova. Not by decree. And certainly not by the logic of “there’s a war, let’s skip the formalities.”

There is a small but fundamental nuance: once a resignation is submitted, the head of the SBU automatically becomes acting head until parliament makes its decision. Neither creative interpretations nor magic, nor any “this is how I see it.

Defenders of Bankova are now chanting “martial law” in unison. They invoke Article 11 of the law, claiming it grants the President the power to appoint acting officials. Specifically, they argue it applies to governors.

Yes — but only about positions whose appointment actually falls within the President’s constitutional authority. The head of the SBU is not among them. This is not fine print. It is the basic architecture of the state.

In 1996, lawmakers deliberately placed the SBU under parliamentary control as a safeguard against presidential arbitrariness. The memory of the KGB was not yet a museum exhibit; it was still very much alive. That is precisely why the SBU was designed as a state institution, not an own department of the guarantor.

It is the Verkhovna Rada’s responsibility to stop this kind of arbitrariness. But institutional subjectivity is fragile — especially when silence is convenient.

And most importantly, this is not about personalities. Yevhen Khmara may well be a counterintelligence prodigy. The issue is not who occupies the position, but the procedure that undermines the balance of power.
Because today it is “temporary,” “justified by war,” and “necessary.”
And tomorrow — simply because it can be done.

On the eve of the meeting, President of Ukraine Volodymyr Zelensky reported on a meeting with Vasyl Malyuk, during which he thanked him for his combat work and suggested continuing to focus on asymmetric operations against the Russian Federation. In addition, during the meeting, the parties discussed candidates for the appointment of a new head of the Security Service of Ukraine.

At the same time, he reported that he would remain in the SBU system to carry out special operations. Subsequently, Vasyl Malyuk announced his resignation as head of the Security Service of Ukraine, while stating that he would remain within the SBU system to continue carrying out special operations. According to journalists, this decision was made after lengthy consultations and pressure from the Office of the President. Malyuk’s team believes that the possible resignation is linked to long-standing conflicts within the government.

On January 5, President of Ukraine Volodymyr Zelenskyy officially appointed the head of the Special Operations Center “A”, Yevhen Khmara as the acting head of the Security Service of Ukraine.

It should be noted that in early December, reports emerged that the former head of the President’s Office, Andriy Yermak, attempted to push for the dismissal of SBU head Vasyl Malyuk just a week before his own resignation amid a corruption scandal. Yermak allegedly pressured Malyuk throughout the previous week, demanding his resignation, reportedly because he believed the SBU chief had “overlooked” Operation Midas and failed to protect him.

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