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Information about Roman Nasirov’s reinstate in post of Commissioner of the SFS is untrue

24.02.2020 -

Order of the Cabinet of Ministers of Ukraine as of 31.01.2018 № 35-p “On the release of Roman Nasirov from the post of Commissioner of the State Fiscal Service of Ukraine” was recognized as unlawful and abolished according to the decision of the District Administrative Court of Kyiv as of 11.12.2018 in case № 826/2538/18, as follows Roman Nasirov was reinstated in post of Commissioner of the State Fiscal Service of Ukraine and in his favor the amount of average salary for forced absenteeism in the amount of 183 3342.84 UAH was collected from the State Fiscal Service (one hundred eighty-three thousand three hundred forty-two hryvnias eighty-four cop.).

Judgment of the court of first instance was appealed by the Cabinet of Ministers of Ukraine, the State Fiscal Service of Ukraine and the People’s Deputy of Ukraine Andrii Zhurzhii.

During the consideration of appeal complaints R. Nasirov:

-          waived the claim for pecuniary damage caused by the unlawful dismissal, in the form of reimbursement of salary during forced absenteeism. On the 20.12.2019 during the court hearing, the court considered and satisfied Roman Nasirov’s petition on the waiver of claims regarding the reimbursement of average earnings during forced absenteeism and recovery of pecuniary damage, subsequently the proceeding was closed in this part. Decision of the District Administrative Court of Kyiv as of 11.12.2018 in this part of the claim was declared invalid. Proceeding was closed in this part;

-          waived the claim for reinstate in post of Commissioner of the State Fiscal Service of Ukraine.  On the 17.02.2020 during the court hearing Roman Nasirov filed an application for waiver of the claims regarding the reinstate in post of Commissioner of the State Fiscal Service, which was granted by the court granted and proceeding was closed in this part. Decision of the District Administrative Court of Kyiv as of 11.12.2018 in this part and in part of appeal to the immediate execution of the court’s decision regarding the reinstate of Roman Nasirov in post of Commissioner of the State Fiscal Service of Ukraine was declared invalid. Proceeding in these claims was closed.

In fact, after Roman Nasirov’s waives from part of the claim, the subject of consideration in this case is the question of legality of the Order of the Cabinet of Ministers of Ukraine as of 31.01.2018 № 35-p “On the release of Roman Nasirov from the post of Commissioner of the State Fiscal Service of Ukraine”.

Courts of first and appellate instance recognized the Order of the Cabinet of Ministers of Ukraine as of 31.01.2018 № 35-p “On the release of Roman Nasirov from the post of Commissioner of the State Fiscal Service of Ukraine” as unlawful and abolished, considering submitted by Roman Nasirov applications for waivers of claims.