Subject of Dispute: Challenging the Dismissal of a Civil Servant from the Position of Deputy Head of the Poltava Customs Department in Connection with Position Reduction during Martial Law.
Main Arguments of the Court:
The Supreme Court established that the procedure for dismissing a civil servant during martial law has not changed, and the employer is still obligated to offer alternative positions. The Court pointed out that the prohibition on transferring persons appointed without competition during martial law does not mean an automatic impossibility of offering another position. Judges of previous instances incorrectly interpreted the legislative norms, effectively depriving the employee of the right to transfer.
Court Decision: To cancel the decisions of previous judicial instances and refer the case for a new review to the court of first instance, taking into account the provided legal conclusions.
