On 26 February 2021, President Zelenskyy signed a decree that suspended chairperson Tupytskyi for another month.
[14]
On 27 March 2021, Zelenskyy annulled the decree of former President
Viktor Yanukovych of May 2013, appointing Oleksandr Tupytskyi and
Oleksandr Kasminin [
uk] judges of the Constitutional Court of Ukraine.
[15] According to Zelenskyy, their tenure did "pose a threat to state independence and national security of Ukraine, which violates the Constitution of Ukraine, human and civil rights and freedoms."
[15] According to Zelenskyy, their appointments were canceled following an audit of the decrees of President Yanukovych carried out by the
National Security and Defense Council of Ukraine.
[16]
On 14 July 2021, the administrative court within the Constitutional Court declared Zelenskyy's 27 March 2021 decree illegal and revoked it.
[17] The court concluded that "the
President of Ukraine does not have the authority to decide on the dismissal or termination of powers of judges of the Constitutional Court or to decide to revoke the decree on the previous appointment of a judge of the Constitutional Court."
[17]
On 19 October 2021 the Constitutional Court (itself) began considering the constitutionality of President Zelenskyy's three decrees that suspended the courts own chairperson Tupytskyi.
[18] Proceedings were opened due to a constitutional request of 49
Ukrainian MP's, mostly members of the
Batkivshchyna faction.
[18]
On 26 November 2021 President Zelenskyy appointed Oksana Hryshchuk and Oleksandr Petryshyn judges of the Constitutional Court, although on 14 July 2021 the Constitutional Court had declared Zelenskyy's 27 March 2021 decree to dismiss Oleksandr Tupytskyi and Oleksandr Kasminin illegal and thus technically there were no vacancies in the Constitutional Court.
[19] Four days later the judges of the Constitutional Court decided not to swear in Hryshchuk and Petryshyn "until vacancies appear."
[20]