Supreme Court puts on hold lawsuit to challenge Zelensky's decree on Tupytsky removal
The Cassation Administrative Court within the Supreme Court has put on hold the lawsuit, in which the plaintiff for the second time challenged decree of the President of Ukraine dated December 29, 2020 No. 607/2020 on the removal of a judge of the Constitutional Court of Ukraine, which temporarily suspended Head of the Constitutional Court Oleksandr Tupytsky from office, according to the court's press service.
"In the ruling of March 2, 2021 in case No. 9901/43/21, it is stated that a month period is set for applying to the court for the admission of citizens to public sphere, its service, and dismissal, which is special for this category of cases [Part 5 of Article 122 of the Code of Administrative Procedure of Ukraine]. The plaintiff went to court on February 26, 2021, but the deadline for appealing the decree of the President of Ukraine ended on January 29, 2021," the court said in a message on Facebook on Wednesday.
It is noted that, due to the fact that the claim was filed with a missed deadline, the Cassation Administrative Court within the Supreme Court decided to put it on hold and provide the plaintiff with a deadline from the date of issuing a ruling copy to eliminate the shortcomings by submitting to the court an application for the restoration of the appeal period and evidence of respect reasons for missing the deadline.
"The plaintiff had previously filed a claim with the court. On February 3, 2021, the Supreme Court refused to open proceedings in case No. 9901/20/21, arguing that the claim was not subject to consideration under the rules of administrative proceedings. The plaintiff appealed this decision in the Grand Chamber of the Supreme Court," the Supreme Court said.