Removal of Tupytsky from office: Supreme Court overturns presidential decree
6 May 2025 18:42
On Monday, May 5, 2025, the Supreme Court of Ukraine, acting through the Administrative Court of Cassation, declared illegal and canceled Presidential Decree No. 79/2021 of February 26, 2021, which removed the chairman and judge of the Constitutional Court of Ukraine (CCU) Oleksandr Tupytskyi. Lawyer Oleksandr Leshchenko wrote about this on Facebook, "Komersant Ukrainian" reports.
The Administrative Court of Cassation (ACC) as part of the Supreme Court declared Presidential Decree No. 79/2021 of February 26, 2021, illegal and canceled it.
In addition, Leshchenko noted that the following documents are in question:
- Resolution of the Grand Chamber of the Supreme Court of 19.10.2023 – Decree No. 607/2020 (final) was canceled.
- Decree of the Grand Chamber of the Supreme Court of 19.10.2023 – repealed by Decree No. 124/2021 (final).
Context and legal background
In 2020-2021, a constitutional and legal conflict arose between the President of Ukraine Volodymyr Zelenskyy and the CCU.
In October 2020, the CCU under the chairmanship of Tupytskyi declared certain provisions of anti-corruption legislation, including liability for false declarations, unconstitutional.
This decision was sharply criticized by President Volodymyr Zelenskyy and Ukraine’s international partners.
In response , on December 29, 2020, the President issued Decree No. 607/2020, temporarily removing Tupytskyi from the position of CCU judge for two months. Later, on February 26, 2021, he issued Decree No. 79/2021 extending the suspension for another month. In addition, on March 27, 2021, Zelenskyy signed Decree 124/2021, which canceled Tupytskyi’s appointment as a CCU judge, citing a threat to national security.
Tupytskyi challenged these decrees in court, claiming abuse of power and encroachment on the independence of the judiciary.
The lawyers explain that the Constitution of Ukraine does not provide for the possibility of removing CCU judges from office by the president. According to the Basic Law, CCU judges have a special status, and the guarantees of their independence and inviolability are inseparable. According to Articles 149 and 149-1 of the Constitution of Ukraine, only the Constitutional Court itself or the Verkhovna Rada may decide to terminate the powers of a CCU judge, and then only on certain grounds.
What scandals are associated with the name of Oleksandr Tupytskyi?
Oleksandr Tupytskyi, the former chairman of the Constitutional Court of Ukraine, has been at the center of several high-profile scandals involving corruption allegations, political conflicts, and criminal cases.
1. Constitutional crisis and conflict with President Zelenskyy
In October 2020, the Constitutional Court of Ukraine, chaired by Tupytskyi, declared certain provisions of anti-corruption legislation unconstitutional, including liability for false declarations. This decision was sharply criticized by President Volodymyr Zelenskyy and Ukraine’s international partners. In response, Zelenskyy issued a decree to remove Tupytskyi from office, which provoked a constitutional crisis and legal disputes over the limits of the president’s powers.
2. Corruption charges and criminal cases
Tupytskyi was involved in several criminal cases:
- Bribery of a witness. According to the investigation, in 2018, Tupytskyi, while serving as a judge of the CCU, bribed a witness in the case of the illegal seizure of property of the Zuiv Energy and Mechanical Plant.
- False testimony. In 2018-2019, he allegedly repeatedly gave false testimony to an investigator of the Prosecutor General’s Office.
- Illegal payments. Tupytskyi is accused of inciting unauthorized interference with the Treasury Client-Treasury automated system, which led to illegal payments of salaries and bonuses to the Constitutional Court staff.
3. Undeclared real estate in Crimea
In 2018, Tupytskyi acquired a land plot in Crimea, but did not list it in his declaration. He explained that he did not recognize Russian jurisdiction over Crimea and did not know how to properly declare this property.
Read also: Without valid documents: Tupitsky lost his Ukrainian passports
4. International sanctions and traveling abroad
In December 2021, the U.S. Treasury Department imposed sanctions on Tupytsky for “significant corruption,” including accepting bribes while serving in the Ukrainian judiciary.
In March 2022, despite a travel ban for men of military age, Tupytskyi left Ukraine for Austria, heading for the country. He claimed that he had the appropriate permits. He was later put on the international wanted list.
5. Possible poisoning in Austria
In September 2024, the media reported an attempted poisoning of Tupytsky in Austria. His blood showed seven times the normal level of mercury. He accused the Ukrainian special services and filed a complaint with the Vienna prosecutor’s office.
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