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Fair trial. Soldier reinstated in work (continuation)

In August the Legal Space published the story of the serviceman Victor Nazarenko who was fighting for reinstatement in work.

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.

So, Victor's employer had to reinstate him in work, but he did not. All attempts of the serviceman independently to settle the problem were in vain.

Therefore, at the beginning of this year the soldier’s wife addressed Law Community Center of Kherson regional charity and health foundation. The lawyer Volodymyr Orlovsky examined papers and offered her to appeal to court.

Trial lasted several months. Victor Nazarenko claimed to reinstate him in work and to collect from the defendant average earnings from March 18, 2014 till the day of reinstatement in work in the sum of 34 889 UAH.

The defendant's representative ignored court hearings four times. On June 15, 2015 the court made the decision completely to satisfy Nazarenko Victor's claim against Odessa scientific research institute of judicial examination.

Kherson office of Odessa research institute reinstated Victor Nazarenko in work, paid off about 30 000 UAH and continues to pay the rest of his salary.

However, on October 2, 2015 in three months after the entry of the judgment into force the administration of the institute made the appeal complaint against the judgment of June 15, 2015.

During the court hearings that took place in November, 2015, the Appellate Court of Kherson region refused to satisfy the appeal complaint and remained the judgment of first instance of June 15, 2015 without changes.

The lawyer of Kherson regional charity and health foundation Volodymyr Orlovsky commented on the employer’s actions:

“Actions of Odessa institute are unclear. To appeal against the judgment they executed voluntary they spent nearly 1000 UAH to pay court fees. I hope that after the decision of the Appellate Court lawyers of Odessa institute got convinced that their attempts to manipulate provisions of the law and to abuse procedure laws in court do not make any sense. After all, manipulation does not only violate the rights of the mobilized employee, but also costs much”.

Law Community Center network works in partnership with Ukrainian Legal Aid Foundation together with Coordinating Center for Legal Aid Providing of the Ministry of Justice of Ukraine with the support of International Renaissance Foundation.

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