QDCP blocked the attempt to dismiss Prosecutor Sayenko after the liquidation of his position

QDCP blocked the attempt to dismiss Prosecutor Sayenko after the liquidation of his position

Interestingly, on April 15, 2025, the QDCP refused to dismiss the ecological prosecutor Sayenko due to an unconstitutional provision.

The Acting Prosecutor General applied to the QDCP on January 15, 2025, for the dismissal of Serhiy Sayenko from the position of head of the Specialized Environmental Prosecutor’s Office of the Prosecutor General’s Office pursuant to clause 9, part 1, article 51 of the Law "On the Prosecutor’s Office" due to the elimination of his position during the reorganization of the Specialized Environmental Prosecutor’s Office by an order dated March 31, 2023.

Sayenko, who has held the position since May 18, 2021, was warned about his dismissal on October 8, 2024, and was offered vacant positions, but he did not submit an application for transfer.

Sayenko objected to the dismissal, pointing out the lack of offers for equivalent administrative positions and the inconsistency of the procedure with legal requirements. He also referenced the decision of the Constitutional Court of Ukraine dated December 18, 2024, No. 11-r(II)/2024, which found clause 9 of article 51 unconstitutional as it allowed pressure on the independence of prosecutors through reorganization. Representatives of the Prosecutor General’s Office supported the application, claiming that the reorganization had eliminated his position.

The Commission, taking into account the decision of the Constitutional Court of Ukraine, recognized that the application of the clause contradicts the rule of law. No evidence was found of Sayenko’s ineffective work, and the procedure for dismissal from an administrative position should comply with article 41 of the law, not article 60.