Successful Case
Victory in the Supreme Court: Presidential Decree on Suspension of Constitutional Court Chairman Tupytskyi Annulled
On May 5, 2025, the Cassation Administrative Court within the Supreme Court of Ukraine declared unlawful and annulled Presidential Decree No. 79/2021 dated February 26, 2021, which had removed the Chairman and Judge of the Constitutional Court of Ukraine, Oleksandr Tupytskyi, from office.
With this decision, the Supreme Court of Ukraine once again confirmed: the President of Ukraine does not have the authority to suspend judges of the Constitutional Court of Ukraine.
This is yet another court decision annulling unlawful Presidential Decrees of Ukraine:
- Ruling of the Grand Chamber of the Supreme Court dated 19.10.2023 — annulled Decree No. 607/2020 (final).
- Ruling of the Grand Chamber of the Supreme Court dated 19.10.2023 — annulled Decree No. 124/2021 (final).
- And today’s decision in case 9901/57/21 — annulled Decree No. 79/2021 at first instance.
We are proud of this case, as it concerns the rule of law, the inviolability of the Constitution, and the prevention of unlawful expansion of powers by those appointing judges of the Constitutional Court of Ukraine.
Details of the case in the Unified State Register of Court Decisions:
“This decision confirms the special status of Constitutional Court judges and the guarantees of their independence from the appointing authorities. Such Presidential Decrees are unlawful, contradict the Constitution and relevant legislation, and undermine the principle of legal certainty ”
