Justice Minister Serhiy Holovaty, representing President Viktor Yushchenko in court, said he would challenge the Shevchenkovsky court's decision to uphold Svyatoslav Pyskun's appeal of his dismissal October 14.
Presidential advisor Nikolai Poludenny said only the Constitutional Court was entitled to determine the legality of the dismissal of a prosecutor general.
Pyskun said that a prosecutor general may not be removed from the position by presidential decree and that only incapacitation or a parliamentary no-confidence vote could force a resignation.
According to Yushchenko, the Constitution entitles the chief executive to dismiss a prosecutor general without consulting with the legislature.
Pyskun's appeal of his dismissal by Yushchenko's predecessor, Leonid Kuchma, was also upheld, leading to his reinstatement last December.
