Here is the translation:
1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Executing a Court Decision on Reinstating a Person to the Position of Head of the State Ecological Inspection of Ukraine.
2. Main Arguments of the Court:
– The court decision on reinstatement dated September 14, 2015, was not executed by the Cabinet of Ministers of Ukraine.
– Article 236 of the Labor Code of Ukraine provides for the employer’s liability in the form of payment of average earnings for delay in executing a decision on reinstatement to work.
– The Supreme Court confirmed that the Cabinet of Ministers of Ukraine is responsible for non-execution of the court decision, not the State Ecological Inspection.
3. Court Decision: To leave unchanged the previous court decisions on recovering from the Cabinet of Ministers of Ukraine the average earnings for the period from April 1, 2019, to October 31, 2023, in the amount of 2,380,215.51 UAH.
