So decided the administration of the agricultural enterprise: to cancel the debt on wages to repay the damage inflicted by the worker. However, she inflicted no harm, since these damages were not established in any document.
The K. citizen addressed Chuhuiv human rights group, who suffered some wage arrears for the working period in the Shevchenko Enterprise. But the company, instead of repaying its debt, decided to deduct 2 490 UAH 74 kopecks from the woman’s wage - supposedly "for harm inflicted by criminal actions”. At that time – in 2004 – this was a considerable sum.
Years passed... with the help of the lawyers of Chuhuiv human rights group the woman made the restoration of her good name, because the law enforcement officers did not find any legal basis for her prosecution of the "criminal acts".
Human rights activists helped the woman get even with her offenders in court. Illegal charges of fraud led to moral suffering, loss of normal life relations, due to which her health deteriorated, and as a consequence she was granted II group of disability. So K. asked the court to recover from the defendant in her favor unjustly withheld funds in the amount of 2 490 UAH 74 kopecks, inflationary costs during the use of her cash funds in the amount of 5 708 UAH 78 cents and non-pecuniary damage.
She, alas, was denied the satisfaction of the claim through the decision of the local court. But through the decision of the appeal court of Kharkiv region the decision of the court of first instance was set aside and a new decision on the partial satisfaction of the claim was issued: 8 199 UAH 52 kopecks was charged with LLC "Agricultural company "Shevchenko" in favor of K. (however, she was denied in satisfaction of compensation for moral damages).
The company's management filed an appeal, but the panel of judges of the chamber of civil cases of the Supreme Specialized Court of Ukraine on consideration of civil and criminal cases that considered the matter upheld the decision of the court of appeal in force.
Orysia Pekarenina, lawyer of Chuhuiv human rights group comments:
“The court decision is absolutely justified, since, according to the legislation of Ukraine, a person that acquired property or kept it at the expense of another person without sufficient legal basis, is obliged to return the property. In addition, the court has satisfied requirements about collecting penalties and interest for the illegal use of funds. It is important that we managed to return to the citizen the money illegally taken away from her”.
Assistance was provided in the framework of the project "Center for the integration of primary and secondary free legal aid on the level of territorial communities of Kharkiv region", which is implemented with the support of the Program Initiatives "Quality and Accessible Legal Aid in Ukraine" of Roma Programme Initiative of International Renaissance Foundation, which is being implemented by the Canadian Bureau of International Education with the support of the Government of Canada.
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