Subject of the dispute: Recognition of the inaction of the Lviv Regional Prosecutor’s Office as unlawful regarding non-accrual and non-payment of salary to a prosecutor, taking into account the seniority bonus.
Main arguments of the court:
After the decision of the Constitutional Court of Ukraine dated September 13, 2023, which declared unconstitutional the provisions on prosecutors’ remuneration, the provisions of Article 81 of the Law of Ukraine “On Prosecution” are extended to all prosecutors, including those who have not passed certification. This means that a prosecutor’s salary should consist of a base salary, bonuses, and allowances, including seniority bonus. The Lviv Regional Prosecutor’s Office improperly calculated the salary without the seniority bonus, which violates the labor rights of the prosecutor.
Court decision: The Supreme Court upheld the decisions of previous instances, which partially satisfied the prosecutor’s claim – the inaction of the Lviv Regional Prosecutor’s Office was recognized as unlawful, and the office was obliged to calculate the salary taking into account the seniority bonus, recalculate compensation for unused leave, and pay severance pay.
