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Court restored justice. The serviceman will be reinstated in work
Court restored justice. The serviceman will be reinstated in workPhoto by Natalya Bimbirayte, IRC “Legal Space”

Stubborn ignoring the requirements of law by the employer and inactivity of Military Prosecutor's Office. This is what strikes in the story of the serviceman Victor Nazarenko’s fighting for his workplace.

Since September, 2013 Victor Nazarenko worked as a judicial expert of Kherson office of Odessa scientific research institute of judicial examination. On March 19 last year he was mobilized into the Armed Forces of Ukraine. By legislation existing at that time Victor was dismissed because of being called up for military service for the period of mobilization.

In May, 2014 legislation changed. The adopted law had retroactive force and extended the right of preservation of employment, job positions and average amount of income to employees called up in the first month of the first wave of mobilization.

However, in June when the law came into force, the administration of Odessa scientific research institute of judicial examination did not reinstate Victor Nazarenko.

The serviceman tried to resolve the issue independently. At first he addressed the administration of the institute in writing. There was no response. In September he filed a letter of complaint to the military prosecutor of Kherson garrison of the Southern Federal District of Ukraine. However, the complaint was redirected for consideration to the employer – the director of Odessa research institute of judicial examination. But even after receiving an official letter from Prosecutor's Office the administration of the institute kept ignoring the requirements of the law. In February of this year the next complaint was filed to Prosecutor's Office of Dniprovsky district, Kherson. Military officials did not respond to this complaint as well. In March of this year Victor again addressed the director of Odessa institute with the reinstatement claim.

Eventually, in April Victor's wife, Larisa asked Community Law Center of Kherson Regional Charity and Health Foundation for help. The lawyer Volodymyr Orlovskiy examined documents and suggested to go to court. The power of attorney to represent Victor Nazarenko’s interests was prepared without delay. In his statement of claim Victor asked to recognize illegal inactivity of the director of Odessa institute and to collect from the defendant average amount of income from March 18, 2014 till the day of reinstatement in the sum of 34889 UAH and 1000 UAH for moral damages.

In parallel, his wife used the government hotline and received the written reply from the State Labor Inspectorate in Odessa region that they do not have the right to provide inspection before July 1, 2015, and it is recommended that she goes to court.

The trial lasted a few months. The defendant did not appear in court four times. Therefore, on June15 the court entered a default judgmentaccording to which Victor Nazarenko had won his lawsuit against Odessa institute.

A flagrant disregard for the law by the state (!) institution is actually striking. Even after the decision made by court, in July the administration of the institute appealed to court for its revision.

Dniprovsky district court did not meet the claim.

The defendant promised Larisa to reinstate Victor. But all the same it intends to file a complaint.

While the husband fulfills his military duty, his wife will do her best to achieve execution of the judgment with support of lawyers of Kherson Regional Charity and Health Foundation.

Reference
Professional free legal aid and legal support to ATO participants (their relatives), military personnel, persons who got wound or were killed during service, were or are in captivity. Please ask for help in such organizations:

Chuhuiv City and District NGO “Chuhuiv Human Rights Group”
Address: 16 Rosa Luxemburg St., Chuhuiv, Kharkiv oblast 63503
Opening hours: Mon, 10:00 am – 4:00 pm
“Hot line" phone: 097-179-38-22

Chernihiv Public Committee of Human Rights Protection
Address: 57 Gorky St., Chernihiv 14000
Opening hours: Mon, Wed, Fri, 10:00 am – 4:00 pm
“Hot line" phone: (0462) 61-25-32

Kherson Regional Charity and Health Foundation
Address: 2 Frunze St., off. 19, Kherson 73000
Opening hours: Mon, 10:00 am – 3:00 pm (12:00 am – 1:00 pm lunch break)
“Hot line" phone: 093-14 -77-303, 099-468-38-48

Volyn regional public organization “Center of Legal Aid”
Address: 14 Grushevskogo St., Kovel, Volyn oblast 45000
Opening hours: Mon, Wed, Fri, 10:00 am - 4:00 pm
“Hot line" phone: 095-623-40-11

Bilotserkovsky city public organization “Legal Unity”
Address: Levanevsky St., 55 (premises of library No. 8), Bila Tserkva, Kyiv oblast 09100
Opening hours: Mon, Thu, 10:00 am - 2:00 pm
“Hot line" phone: 096-702-37-47

You can get legal advice online or live communication with lawyer on the Legal Space website http://legalspace.org

Network project “Increasing the level of legal protection for servicemen, ATO participants and their families by providing legal aid and conducting monitoring” is implemented with the financial support of the International Renaissance Foundation.

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