1. The subject of the dispute is the recognition of the order for the dismissal of the director of the art school as illegal, reinstatement to work, and recovery of wages for the period of forced absence and moral damages.
2. The court of cassation overturned the decision of the appellate court, upholding the decision of the court of first instance, based on the fact that the Kosiv Art School is an institution in the field of culture, and therefore, the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Introduction of a Contract Form of Work in the Field of Culture and a Competitive Procedure for the Appointment of Heads of State and Communal Cultural Institutions” applies to the disputed legal relations, which provides for the possibility of terminating an open-ended employment contract with the head of a cultural institution in connection with the introduction of a contract form of work. The court noted that the appellate court mistakenly applied the rules of law, believing that since the school is an institution of extracurricular education in the field of culture, the provisions on competition for the position of head do not apply. Also, the court of cassation departed from the previous conclusion of the Supreme Court in case No. 344/11960/22, indicating that the provisions on the contract form of work also apply to the heads of music schools and art schools.
3. The court overturned the decision of the appellate court and upheld the decision of the court of first instance to dismiss the claim.
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