Supreme Court overturns Tupytsky’s removal by Zelensky

The Supreme Administrative Court of Ukraine struck down
the decree by President Zelensky that removed Oleksandr Tupytsky as a
Constitutional Court (CC) judge. Tupytsky’s lawyer told pravda.com.ua that the
court concluded that Zelensky did not have the authority to dismiss or
terminate the authority of a CC judge, nor to revoke a previous decree
appointing a judge to the CC.

The presidential administration reacted to the news by
saying that with the move, the judges were trying to subvert judicial reform.

James Hydzik: The decision
is not a surprise, as Zelensky’s initial decree terminating Tupytsky’s
authority seemed to be legally tenuous in the first place.

However, the decree did serve some purposes. First, it
drew attention to attempts at reform just after Naftogaz Ukrayiny’ CEO was
removed by the government. It also acted as an example of what Ukraine is
willing to do to fight corruption before Secretary of State Blinken’s visit.
With other legal fights against him mounting, it is unclear whether Tupytsky
will resign after the reinstatement, or carry on as a judge.