Inability to Elect a New Head of Ukraine’s Constitutional Court: Challenges and Developments
In September 2025, Ukraine’s Constitutional Court (KSU) once again found itself in the spotlight due to an unsuccessful attempt to appoint a new head of the court.
During a special plenary session held on September 18, 2025, the judges gathered to discuss this vital issue; however, they were unable to agree on a candidate, leading to delays in the court’s internal processes.
Sources from the court’s press service stated that the matter has been deferred and will be reconsidered at a subsequent session.
Experts emphasize that the appointment of a new chairperson can only occur after the court’s composition is formally replenished with new judges, as the current number falls short of the required quota.
Previously, candidates like Viktor Gorodovenko and Volodymyr Moisyk were proposed, with the latter already having completed his term.
The absence of both the head and deputy head means the court is temporarily led by the senior judge, Oleksandr Petrishyn.
Since January 2025, significant events have unfolded—including the simultaneous resignation of three judges in January, which resulted in a quorum loss and made full session conduction impossible.
The situation was gradually stabilized only after President Volodymyr Zelensky appointed Oleksandr Vodyannikov as a court judge in late June, increasing the number of judges to 13.
Nevertheless, conducting full sessions of the Constitutional Court’s Grand Chamber remains problematic due to some judges recusing themselves, thereby halting the review process.
Currently, the court’s composition stands at only 12 judges out of the necessary 18.
On September 17, the President signed a decree appointing Yuriy Barabash as a judge under his quota.
Once sworn in, the court will have 13 judges.
The process of appointing judges is complex and prolonged, involving the Expert Advisory Group, which assesses the moral qualities and legal competence of candidates nominated by the Verkhovna Rada, the President, and the Judicial Assembly of Ukraine.
In February 2025, the Group submitted documents for the appointment of five judges—two under the parliamentary quota and three under the President’s.
Currently, two judges assigned by the President—Oleksandr Vodyannikov and Yuriy Barabash—have been appointed, while the parliamentary side has yet to complete its nominations.
The court has lacked a head since 2021, when President Zelensky dismissed then-chairman Oleksandr Tupytskyi.
His legal challenges, along with ongoing criminal investigations and other proceedings, continue to obstruct the full operation of Ukraine’s highest constitutional court.