Subject of the Dispute: Declaring Unlawful and Cancelling the Dismissal Order, Reinstatement in Position, and Recovery of Wages for the Period of Forced Absence of an Employee of the Social Insurance Fund of Ukraine.
Main Arguments of the Court:
1. The dispute concerns public legal relations, as the plaintiff seeks reinstatement in a position in an agency whose activities are related to public service (Pension Fund of Ukraine).
2. There was a public-private legal succession – the Social Insurance Fund as a legal entity of private law was terminated, and its powers were acquired by the Pension Fund of Ukraine as a legal entity of public law.
3. Disputes regarding the reinstatement of employees dismissed due to the reorganization of the Fund are subject to consideration under administrative legal proceedings, as they relate to appointment to public service.
Court Decision: To leave the cassation appeal without satisfaction, confirming that the case should be considered in an administrative court.
