Subject of Dispute: Dismissal of an employee from the position of Head of the Legal Department of the Executive Directorate of the Social Insurance Fund of Ukraine in Khmelnytskyi Oblast in connection with reorganization.
Main Arguments of the Court: The court established that as a result of the reorganization of the Social Insurance Fund by merging with the Pension Fund of Ukraine, the dispute has a public law nature. Since the plaintiff essentially claims reinstatement in a government authority position, such a dispute is subject to consideration under administrative judicial proceedings, not civil proceedings. The appellate court correctly closed the proceedings and explained to the plaintiff the procedure for appealing to the administrative court.
Court Decision: To leave the cassation appeal without satisfaction, the resolution of the Khmelnytskyi Appellate Court – unchanged.
