Constitutional court of Ukraine opens constitutional proceedings on the complaint of Oleksandr Kasminin: interests represented by LESHCHENKO & PARTNERS

The Third Panel of Judges of the Second Senate of the Constitutional Court of Ukraine has issued a ruling to open constitutional proceedings in the case brought by former Constitutional Court judge Oleksandr Kasminin.

Case Background

The constitutional complaint challenges the provisions of subparagraphs “a” and “v” of paragraph 2 of part five of Article 328 of the Code of Administrative Procedure of Ukraine. These provisions establish restrictions on cassation appeals in cases of minor complexity and cases considered under simplified claim proceedings.

“In light of the above, the complainant argues that the provisions of subparagraphs ‘a’ and ‘v’ of paragraph 2 of part five of Article 328 of the Code of Administrative Procedure of Ukraine fail to meet the quality of law criteria and violate the principle of legal certainty and foreseeability.

The adoption of laws with vague and unclear wording (‘fundamental importance’ and ‘exceptional importance’) grants excessive discretion to the authorities and initially creates grounds for disrupting a fair balance, which contravenes part 2 of Article 8 of the Constitution of Ukraine.

As a result, although the legislator formally provided for the possibility of cassation appeals in minor cases reviewed under simplified proceedings, the regulation effectively deprives individuals of the practical opportunity to exercise this right. This is due to the use of undefined and evaluative terms, which undermine predictability both in the behavior of actors and in the application of the law, thus violating the principle of legal certainty.”

According to the complainant, this infringes upon the right to judicial protection, access to court, and the principle of the rule of law. The complaint also raises the issue of courts applying provisions of the Law of Ukraine “On the Judiciary and the Status of Judges” in a manner that contradicts the Constitution, particularly Articles 149 and 153.

Position of Counsel

The legal team of LESHCHENKO & PARTNERS, representing the interests of Oleksandr Kasminin, emphasizes that the case has key significance for the entire judicial system of Ukraine. Restrictions on the right to cassation appeals undermine the principles of access to justice and fair trial.

The opening of constitutional proceedings became possible due to the professional and systematic work of the firm’s lawyers, who substantiated the existence of unconstitutional elements in the contested provisions.

Next Steps

The issues raised in the constitutional complaint will be considered by the Second Senate of the Constitutional Court of Ukraine. This decision paves the way for the development of important jurisprudence on safeguarding the right to cassation appeals and ensuring access to justice in Ukraine.