1. The subject of the dispute is the recovery of average earnings for the period of delay in the execution of the court decision on reinstatement to the position of the first deputy prosecutor of the Zakarpattia region.
2. The court of cassation upheld the decisions of the courts of previous instances, agreeing that the Office of the Prosecutor General (OPG) did not execute the court decision on the plaintiff’s reinstatement in a timely manner, which entitles the plaintiff to receive average earnings for the period of delay. The court rejected the OPG’s arguments regarding the necessity of the plaintiff’s application for reinstatement or appeal to the enforcement service, emphasizing that the obligation to immediately execute the court decision lies with the employer. The court also noted that the OPG is the proper defendant, since the Prosecutor General is authorized to issue an order on reinstatement to the position of the first deputy prosecutor of the region. Regarding the costs of legal assistance, the court agreed with the reduction of their amount by the courts of previous instances, considering the awarded amount sufficient and proportionate. The court departed from the previous conclusions of the Supreme Court in cases No. 280/2481/21 and No. 420/8539/21, where the responsibility for payment of average earnings was assigned to regional prosecutor’s offices.
3. The court of cassation dismissed the cassation appeal of the Office of the Prosecutor General and upheld the decisions of the courts of previous instances.
