The court decided to restore Nasirov in office because of irregularities in the procedure of dismissal.
The judge of District administrative court of Kyiv, Natalia Klimenok presidency in case of resignation of the former head of the State fiscal service of the Roman Nasirov, explained the motives of the court decision to cancel orders of the Cabinet of Ministers to dismiss the official from office. On Wednesday, December 12.
“The appealed decision on dismissal Nasirov is based solely on the fact of whether the plaintiff’s dual citizenship. In its lawsuit, Nasirov claimed the absence of such a fact that he had dual citizenship, and therefore considered the contested decision unlawful and thus subject to cancellation in a judicial order. In particular, the plaintiff insisted on the violation of the procedure of adoption of the contested decision as in violation of the established legal order, its adoption was not preceded by the corresponding proposal of the Prime Minister of Ukraine on his dismissal”, – said Klimenok.
According to her, in accordance with part 2 of article 77 of the code of Ukraine, it is the defendants duty of proving the rightness of the taken decision in cases on recognition of their wrongfulness.
According to her, the court has repeatedly reminded the defendants the question about the existence of documents that would confirm the existence of dual citizenship Nasirov which, in particular, could be discussed in a letter to the British Embassy, because they have the relevant materials at the time of the decision on dismissal of the plaintiff proving it could testify to its validity. Meanwhile, the court such documents were not provided and the defendants confirmed that they had only the information given in the letter of the British Embassy. “Accordingly, the court in the proceedings, there was reason for establishment of the fact of dual citizenship Nasirov, therefore, it was concluded on invalidity of dismissal of the plaintiff” – said the judge.
In addition, the basis of the claim was a direct violation of the order of adoption of the decision on dismissal of the head of the SFS, which according to current legislation, can take place solely on the basis of the decision of the Cabinet, which must precede the making of the Prime Minister of the submission. However, when considering the case the court found that the Prime Minister is the submission of resignation Nasirova to the government not made that confirms the inconsistency of the appealed decision requirements specified above section 2 CAS and Ukraine once again demonstrates the illegality of the contested decision.
“To the above, we need only add that according to article 235 of the Code of labour laws of Ukraine, the court, in the case of establishing the circumstances of a wrongful dismissal of the person obliged to restore it to the position in previous work that was done by a judgment of 11 December 2018,” said Klimenok.