Illegal decisions regarding Constitutional Court judges overturned

The team at LESHCHENKO & PARTNERS has secured a victory in a case involving Oleksandr Tupytskyi, a judge and former Chairman of the Constitutional Court of Ukraine, and Oleksandr Kasminin, a judge of the Constitutional Court of Ukraine.

Previously, Volodymyr Zelenskyy issued three decrees: two of them suspended Oleksandr Tupytskyi from office, while the third revoked the decrees appointing both Oleksandr Kasminin and Oleksandr Tupytskyi as judges of the Constitutional Court of Ukraine.

These presidential decrees were challenged before the Supreme Court by the legal team and were subsequently annulled by national courts. The Supreme Court’s decisions became final.

Based on these decrees, the Acting Chairman of the Constitutional Court of Ukraine, Serhii Holovatyi, issued orders suspending the accrual and payment of judicial remuneration, as well as restricting the use of state property and official vehicles.

The Kyiv District Administrative Court, whose decision was upheld by the Sixth Administrative Court of Appeal, dismissed the claims.

However, due to a carefully developed legal strategy, the Administrative Cassation Court within the Supreme Court partially upheld the cassation appeals filed on behalf of the clients. The Court declared the orders of the Acting Chairman of the Constitutional Court unlawful and annulled them. At the same time, the case concerning the recovery of accrued but unpaid judicial remuneration was remitted to the court of first instance for a new hearing.

Accordingly, during the new consideration of the case, the court will determine the amount of additional losses related to the maintenance of judges of the Constitutional Court of Ukraine, Oleksandr Tupytskyi and Oleksandr Kasminin.

The full text of the Supreme Court decision dated 19 March 2026 in case No. 640/13317/21 is available at:
https://reyestr.court.gov.ua/Review/134979759