10/09/2025
On September 10, 2025, during the public part of the plenary session, the First Senate deliberated the case upon the constitutional complaint filed by Oleksandr Siriakov in the form of written proceedings.
During the plenary session, the judge-rapporteur in the case, Oleksandr Petryshyn, informed that the subject of constitutional review in this case was Article 361.5.1 of the Code of Administrative Procedure of Ukraine dated July 6, 2005, No. 2747-IV (hereinafter, the “Code”).
The disputed provision of the Code stipulates that the grounds for reviewing court decisions in connection with exceptional circumstances are “the unconstitutionality (constitutionality) of a law, other legal act, or their separate provision, applied (not applied) by the court in deciding the case, if the court decision has not yet been enforced” .
The content of the constitutional complaint and the materials attached to it show that Oleksandr Siriakov was dismissed from the position of prosecutor by order of the Prosecutor General on December 21, 2019, on the basis of Article 51.1.9 of the Law of Ukraine “On the Prosecution Office,” according to which “a prosecutor shall be dismissed from office in the event of the liquidation or reorganization of the prosecution office in which the prosecutor holds office, or in the event of a reduction in the number of prosecutors in the prosecution office.”
Considering the order to be in violation of his rights, the applicant challenged his dismissal in the courts of the judicial system between 2019 and 2021.
On December 18, 2024, the Constitutional Court of Ukraine delivered Decision No. 11-r(II)/2024 in the case concerning constitutional guarantees of the independence of prosecutors, in which it declared unconstitutional Article 5.1.9 of the Law of Ukraine “On the Prosecution Office” No. 1697-VII, according to which a prosecutor is dismissed from office in the event of the liquidation or reorganization of the prosecution office in which the prosecutor holds office, or in the event of a reduction in the number of prosecutors in the prosecution office.
In connection with the delivery of this Decision, in January 2025, Oleksandr Siriakov appealed to the Cassation Administrative Court within the Supreme Court with a request for review, under exceptional circumstances, of the Supreme Court's ruling of September 29, 2021, as well as the decisions of the courts of appeal and first instance in his case. The Supreme Court denied his claim, stating that the Supreme Court's Resolution of September 29, 2021, is a court decision that “is not subject to enforcement and therefore, within the meaning of Article 361.5.1 of the Code, cannot be reviewed under exceptional circumstances.”
The applicant believes that the contested provision of the Code is unconstitutional because it deprives him of the right to review a court decision under exceptional circumstances. The court examined the case materials and proceeded to the in-camera part of the plenary session. Oleksandr Siriakov, the subject of the constitutional complaint, attended the session.
A video recording of the plenary session is available on the official website of the Constitutional Court of Ukraine under the heading “Archive of video broadcasts of sessions.”
