2023-11-29T17:03:00+02:00 Politics 2024-09-15T04:53:58+03:00

Ukrainian news

Supreme Court recognizes that Zelenskyy can’t dismiss judges of Constitutional Court

Supreme Court recognizes that Zelenskyy can’t dismiss judges of Constitutional Court

The Grand Chamber of the Supreme Court recognized that President Volodymyr Zelenskyy did not have the right and authority to cancel the decree on the appointment of Oleksandr Tupytskyi as a judge of the Constitutional Court.

This is stated in the materials of the Supreme Court, Ukrainian News Agency reports.

Thus, the Grand Chamber of the Supreme Court left in force the decision of the Administrative Court of Cassation as part of the Supreme Court dated July 14, 2021 to leave it unchanged, and to leave President Zelenskyy's appeal without satisfaction.

The court came to the conclusion that the decree canceling the previously issued act of the head of state on the appointment of Tupytskyi as a judge of the Constitutional Court was issued by the President outside the scope of powers defined by the Constitution and laws of Ukraine.

In addition, the court drew attention to the fact that the evidence available in the case testifies that the Presidential Decree No. 256/2013 dated May 14, 2013 "On the appointment of Tupytskyi as a judge of the Constitutional Court of Ukraine" was actually implemented and exhausted its effect by the fact of its execution in connection with Tupytskyi taking the oath and entering this position on May 15, 2013.

At the same time, according to the court's conclusion, the specified decree is an act of individual action, has no normative character, exhausted its effect by the fact of its execution, and based on it, legal relations arose regarding Tupytskyi's public service as a judge of the Constitutional Court of Ukraine.

Revoking this decree after its publication and implementation also violates guarantees of stability of social relations.

The Grand Chamber of the Supreme Court noted that the President of Ukraine, exercising the powers granted to him to form the composition of the Constitutional Court, can only make a decision on the appointment of six judges from the composition of the Constitutional Court. At the same time, canceling one's own decree on the appointment of a judge of the Constitutional Court is not a way to exercise the constitutional powers of the President of Ukraine.

Thus, the Grand Chamber of the Supreme Court agreed with the conclusion of the court of first instance that the disputed decree was issued by Zelenskyy outside the scope of his authority, and therefore, this decree does not meet the criteria defined in the second part of Article 2 of the Civil Code of Ukraine, violates the rights and interests of the plaintiff in legal relations regarding his public service, in connection with which it should be canceled.

As Ukrainian News Agency earlier reported, the Supreme Court recognized that Zelenskyy illegally removed the judges of the Court of Appeal Tupytskyi and Kasminin.

On March 27, 2021, President Volodymyr Zelenskyy canceled the decrees of former President Viktor Yanukovych appointing Oleksandr Tupytskyi and Oleksandr Kasminin as judges of the Constitutional Court.