1. The subject of the dispute is the recovery from “Kontrakt Pro rezerv 5” LLC of administrative and economic sanctions for failure to meet the job quota for employment of persons with disabilities in 2022.
2. The court of cassation overturned the decision of the appellate court, which refused to satisfy the claim, motivating this by the fact that there is no evidence of a State Labor Service inspection regarding non-fulfillment of the quota. The Supreme Court indicated that since November 2022, the Fund for Social Protection of Persons with Disabilities has the authority to apply sanctions based on automated data analysis of registers, without a mandatory inspection by the State Labor Service. The court noted that the legal position set forth in the постанові [resolution] of the Supreme Court of November 21, 2022 in case No. 400/3957/21 is outdated due to changes in legal regulation. Also, the court of cassation indicated that the appellate court did not assess the defendant’s arguments regarding the correctness of the calculation of sanctions. Given this, the case was sent for a new trial to the appellate court to assess the validity of the calculation of sanctions.
3. The Supreme Court overturned the постанову [resolution] of the appellate court and sent the case for a new trial to the court of appeal.
