The Constitutional Court examines a complaint about the CPC: what will change for Ukrainians

The court refused to open cassation proceedings in the case of Tetyana Samborska

On November 26, 2025, the Second Senate refused to consider the constitutional complaint of Tetyana Samborska regarding the constitutionality of articles 309 of the Criminal Procedure Code of Ukraine.

Reporting judge Serhiy Riznyk explained that the court refused to open cassation proceedings because the appeal was filed against a court decision that is not subject to appeal in the appellate procedure.

The content of the constitutional complaint was that the Main Investigative Department of the State Bureau of Investigations was conducting a pre-trial investigation in a criminal proceeding on suspicion of Tetyana Samborska in committing a criminal offense.

The court concluded that the law does not provide for the cancellation of unjust rulings of the investigating judge either at the preparatory stage of judicial proceedings or at other stages of the criminal proceedings.

At the time of the meeting, representatives of the Verkhovna Rada and Tetyana Samborska's lawyer Vadym Kostenko were present. A video recording of the meeting is available on the court's website.

In summary, the court refused to open cassation proceedings in the case of Tetyana Samborska because the appeal was filed against a decision that cannot be appealed at the appellate level. Thus, the consideration of the constitutional complaint remains ongoing, and the case itself is still unresolved.