“On May 5, 2025, the Supreme Court of Ukraine made a decision that could be key to the entire legal system of the country. The Cassation Administrative Court in the Supreme Court found it unlawful and canceled the Presidential Decree No. 79/2021 of February 26, 2021, which was removed by the chairman and judge of the Constitutional Court of Ukraine Oleksandr Tupitsky. This decision became another confirmation that the President of Ukraine”, – WRITE ON: ua.news
On May 5, 2025, the Supreme Court of Ukraine made a decision that could be key to the entire legal system of the country.
The Cassation Administrative Court in the Supreme Court found it unlawful and canceled the Presidential Decree No. 79/2021 of February 26, 2021, which was removed by the chairman and judge of the Constitutional Court of Ukraine Oleksandr Tupitsky.
This decision has become another confirmation that the President of Ukraine has no constitutional authority to remove the CCU judges from the performance of duties.
Decree No. 79/2021 is not the first such act to criticize and was canceled by the courts. Earlier, the Grand Chamber of the Supreme Court has already canceled the decrees of the President No. 607/2020 and No. 124/2021, declaring them finally illegal.
All these documents concerned the attempts by the President to influence the composition of the Constitutional Court, which, according to judges, is contrary to the Basic Law of Ukraine.
The Court stressed that the Constitution and profile law clearly define the grounds and procedure for dismissal of judges of the CCU. There are no additional powers to remove or cancel the appointment of judges from the President.
The judges of the Constitutional Court enjoy special status and guarantees of independence, and any actions on their removal or dismissal are possible only in cases provided for by the Constitution-for example, in the case of a crime or disciplinary misconduct.
No political motivation or desire to influence the decision of the CCU can be the basis for such actions.
Oleksandr Leshchenko, the head of Leshchenko & Partners, stressed: “This decision confirms the special status of judges of the Constitutional Court of Ukraine, guarantees of their independence from the appointment bodies. Such decrees of the President are unlawful, contradictory of the constitution and profile law, undermine the principle of legal certainty. ”
We will remind, on January 27, three judges of the Constitutional Court-Viktor Kryvenko, Vladimir Moysik and Viktor Kolesnik, ended 9-year term of office. After their resignation, there are only 11 judges left in court, and there should be 18.
We have already reported that in Ukraine the richest pensioner was the Judge of the CCU retired Natalia Shaptala. It receives UAH 390 thousand 184 from PFU monthly.
