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The Constitutional Court of Ukraine has begun consideration of the constitutional complaint of Oleksandr Kasminin
Managing Partner of LESHCHENKO & PARTNERS, Oleksandr Leshchenko, took part in the hearing of the Second Senate of the Constitutional Court of Ukraine in the case of the constitutional complaint filed by Oleksandr Kasminin, former Judge of the Constitutional Court of Ukraine.
The complaint concerns the constitutionality of subparagraphs “a” and “v” of paragraph 2, part 5, Article 328 of the Code of Administrative Procedure of Ukraine. These provisions establish that cases categorized as “minor complexity” or those examined under simplified proceedings are not subject to cassation appeal, except in instances where the case has “fundamental significance for the formation of uniform case law” or “exceptional significance” for the complainant.
Earlier, Oleksandr Kasminin filed a lawsuit against the Pension Fund of Ukraine regarding the granting of lifelong judicial allowance, since for a considerable period he had been unlawfully deprived of these payments. The courts of first and appellate instances dismissed the claim, and the Supreme Court refused to open cassation proceedings, referring to the absence of “fundamental significance” in the case and noting its discretionary powers to determine the “exceptional significance” for the complainant.
In the constitutional complaint prepared by the lawyers of LESHCHENKO & PARTNERS, it is stated that these provisions are unconstitutional:
“The provisions of subparagraphs ‘a’ and ‘v’ of paragraph 2, part five of Article 328 of the Code of Administrative Procedure of Ukraine do not meet the criterion of the quality of the law and violate the principle of legal certainty and foreseeability of the law”.
According to the complainant, the legislator used vague and imprecise wording — “fundamental significance” and “exceptional significance” — which allow courts to interpret the rule too broadly and to refuse cassation even in cases directly concerning constitutional rights.
Following the hearing, the Constitutional Court proceeded to the closed part of the substantive consideration of the case.
In August 2025, the European Court of Human Rights also admitted for consideration Kasminin’s application in Kasminin v. Ukraine, which concerns the same violations — the disregard of his judicial status and the denial of proper guarantees.
“This case is of exceptional importance not only for our Client but also for the entire judicial system of Ukraine. It concerns the quality of the law: whether citizens can genuinely exercise their right to cassation appeal and whether the procedural law clearly defines the grounds that entitle a person to cassation review in light of the principle of legal certainty. If the norms contain vague criteria, this creates the risk of arbitrary decisions and undermines public trust in the judicial system.”
