Here is the translation:
Subject of Dispute: Recognition of the Dismissal of a State Enterprise Director as Illegal Due to Revocation of State Secret Clearance
Key Court Arguments:
1. The dispute regarding the dismissal of an employee under paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (due to revocation of state secret clearance) should be considered under civil proceedings rules, not commercial proceedings.
2. The court deviates from previous practice and clearly defines that corporate relations are not decisive when dismissing a manager under labor legislation.
3. Even if the dismissal is carried out by a state property management body, this does not change the jurisdiction of the dispute.
Court Decision: To leave the appellate court resolution unchanged, to reject the cassation appeal of JSC “Ukroboronprom” without satisfaction.
