The former head of the Constitutional Court of Ukraine, Oleksandr Tupytskyi, won the court challenging President Zelenskyi's decree, which canceled his appointment. The meeting lasted more than two years.
In May 2013, the then President Yanukovych appointed Tupytskyi as the head of the Constitutional Court. On March 27, 2021, Zelensky canceled this decree, after which legal proceedings began between the ex-judge and the president.
In July 2021, the Supreme Court made a decision according to which the Constitution of Ukraine, as well as the Law "On the Constitutional Court of Ukraine", do not provide for the powers of the president to issue a decree on the cancellation of the decree on the appointment of judges of the Constitutional Court.
After this decision, the president appealed to the Grand Chamber of the Supreme Court. The chairman of the case was the ex-head of the Supreme Court Vsevolod Knyazev, who on May 16, 2023, was exposed by law enforcement officers for demanding a large sum of bribes. As a result, Zelenskyi's appeal was considered by the new presiding judge Vitaly Urkevych.
On October 19, the Grand Chamber of the Supreme Court considered the appeal of the President of Ukraine against the decision of the Administrative Court of Cassation as part of the Supreme Court dated July 14, 2021 in the case of the lawsuit of Oleksandr Mykolayovych Tupytskyi against the President of Ukraine, the third party - the Constitutional Court of Ukraine, regarding the declaration of illegality and cancellation of the Presidential Decree of Ukraine.
The Grand Chamber of the Supreme Court ruled that the powers of the president do not include the issuance of decrees on revoking the decree on the appointment of judges of the Constitutional Court. Thus, according to the court, Volodymyr Zelenskyi passed the disputed decree outside the scope of his authority. The decision enters into force from the date of its adoption, is final and is not subject to appeal.
As of October 24, 2023, ex-judge Oleksandr Tupytskyi is wanted by the SBI.
In Ukraine, Tupytskyi is accused of committing a number of criminal offenses against justice (in particular, knowingly false testimony combined with the artificial creation of defense evidence, bribing a witness to refuse to testify).
The indictment in this case was sent to the court in May 2021.
On May 27, at the request of prosecutors of the General Prosecutor's Office, the Podilskyi District Court of the city of Kyiv declared Tupytskyi an international wanted man - due to "systematic evasion of the court".
In a comment to journalists, the former head of the Constitutional Court said: "I believe that the decision is illegal. First of all, the case was considered in the absence of the defenders, who were in Vinnytsia at that time in another trial, about which the court was warned in advance. Second, the court was given my whereabouts. They are looking for a person when his whereabouts are unknown."
Oleksandr Tupytskyi confirmed that he is currently in Vienna - the capital of Austria, according to him, he is "officially registered by the state authorities". The reasons for not appearing in court, Tupytskyi says, are "temporary."
"I have a certain medical document of my wife - I currently have three minor children, one of them was just born - a son. And there would be nothing terrible if the court went the way of hearing the case by video conference. There is a letter from the chairman of the Supreme Court, which allows such processes to be conducted in such a situation. By this I want to say that I am not hiding from justice in any way, I am interested in considering this case. - said Tupytskyi.
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