On Feb. 3, the Supreme Court, having checked the materials of the statement of claim to the President of Ukraine on declaring illegal and repealing presidential decree No. 607/2020 on the dismissal of a judge of the Constitutional Court of Ukraine dated Dec. 29, 2020, decided to refuse to initiate proceedings on case, since this claim is not subject to consideration by the rules of administrative proceedings.
“The Supreme Court said that, according to Part 2 of Article 19 of the Code of Administrative Procedure of Ukraine, the jurisdiction of the administrative courts does not extend to cases, in particular those referred to the jurisdiction of the Constitutional Court of Ukraine,” the press service of the Supreme Court said on the Facebook page on Feb. 3.
The court also said the legal status of the President of Ukraine belongs to the sphere of constitutional legal relations, therefore, the official interpretation of the Constitution of Ukraine, in particular, in this part, as well as the decision on the compliance of the law, another legal act (their individual provisions) regarding the scope of powers of the President of the Constitution of Ukraine is also the exclusive authority of the Constitutional Court of Ukraine.
The court’s does not say who was the plaintiff in this case. At the same time, as it became known to Interfax-Ukraine, the plaintiff is Head of the Constitutional Court of Ukraine Oleksandr Tupytsky.
