⚖️ The ship's victory in a labor dispute / on the right #639/3857/23
Before AB "Kerimov and Partners" a client was angry, who was called up for military service and was illegally discharged during the hour of service. In the professional work of the law firm “Kerimov and Partners”, justice has been achieved!
💼 the problem with how angry the CLIENT:
Robot seller LLC “….” releasing the client under the “truancy” drive, although he was mobilized by representatives of the TCC and SP and subsequently called up for military service.
Having returned to the Zhovtnevyi District Court of the city of Kharkov with the desire to renew the employment contract and to collect the average salary for an hour of forced absenteeism, they withdrew the vidmova from the satisfied request, since the previous colleagues had chosen the wrong method of protection and I’ll call on the evidence base. Before us, the prisoner became violent after the court's decision was revoked at the stage of appeal.
The Kharkiv Court of Appeal was satisfied with the appeal filed in a further appeal, against the Supreme Court, depriving the decision of the appellate authority in force.
⚖️ Position of the Supreme Court:
For workers called up during a special period, a job position is guaranteed, based on the average salary up to Part 3 of Art. 119 KZpP.
The court confirmed that the dismissal order was illegal and ordered the employer to renew the client on board.
We also decided to reduce the average earnings for the entire period of forced absenteeism.
⚖️ Decision of the court:
Renewal at work and reduction in average earnings for the entire period of forced absenteeism.
Confirmation that workers called up for military service are entitled to the protection of legal rights, and the employer cannot illegally fire them.
✅ Visnovok:
As a result, the professional protector of Kerimov and Partners AB, the client denied the legal renewal of our protector at work and a reduction in wages, and the practice of the courts once again confirmed: the rights of military convicts are protected by law.
ЄDEBO, cope with the destruction of the sequence of illumination
⚖️ AB “Kerimov and Partners” - a damn victory for the right against the Ministry of Education and Science!
The client contacted AB “Kerimov and Partners” after the Ministry of Education and Science of Ukraine unlawfully included it in the list of special features, which somehow ruined the phasedness of the development of information, stated Article 10 of the Law of Ukraine “On Lighting”.
Fully confirming the professional legal position of lawyer Alik Zamirovich Kerimov, the Kharkiv District Administrative Court in reference No. 520/19154/25 found the actions of the Ministry of Education and Science illegal and completely satisfied with the position client.
📘 The law clearly states that the purpose of illumination is the completion of the initial stage (Clause 23, Part 1, Article 1, Article 40 of the Law of Ukraine “On Illumination”). Also, incomplete completion cannot be achieved with the necessary level of illumination, and the automatic identification of “inconsistency” is unfounded.
Similar decisions have already been praised by the judges before - in cases No. 520/4408/25 and No. 520/7881/25, also filed by lawyer Kerimov A.Z., to confirm the systemic nature of the problem and the consistent position of the courts on The zahist is right of the citizens.
Another administrative court of appeal, according to document No. 645/1095/25, was satisfied with the appeal scum, filed by lawyer Kerimov Alik Zamirovich, regarding the decision of TCC and SP about attracting a client to administrative function.
⚖️ One more step to justice at once from AB “Kerimov and Partners”!
📘 The court found that there was sufficient evidence to cancel or to cancel the subpoenas, the TCC authorities did not verify the fact of proper notification of the persons, and the clients’ actions had no signs offense, transferred Art. 210-1 KUPAP. In addition, the return of a postal item marked “weekday addressee” cannot be considered for confirmation of the click. The positive person himself speaks of the fact that there are daily notifications from postal service workers about the need to tear off the assigned sheet without tearing it off. The furnishings are indicated, as a result of the lack of awareness of the individual about the guilt of the singerI can’t tell the language about the wisdom of such a thinglanguage.
Zgidno st. 62 of the Constitution of Ukraine, the guilt of an individual, who is attracted to the point of certainty, can be brought to light by reliable evidence, and not rely on assumptions, and there is no doubt that the guilt of an individual will be brought to light on its own merits.
The European Court of Human Rights, which made its decision on February 10, 1995. The law “Allen de Ribermont v. France” emphasizes that the scope of the principle of the presumption of innocence is significantly wider: criminal liability is not less for a criminal court, which is the main focus of the law on criminal liability accused, and for all other authorities of the state.
For the presence in the materials of the certificate of relevant, sufficient, reliable and admissible evidence that would confirm that the positive order was duly informed about the call to INFORMATION_6, the panel of judges It has come to the conclusion that the poser cannot do pull-ups to the level of strength in part 3 tbsp. 210-1 KUPAP.
In addition, the panel of judges respects that the date of appearance of the positive worker before the TCC and SP is designated by the summons (11/25/2024) and is identical to the date of failure of OSOBA_1, designated in the controversial ruling (11/20/2024).
The panel of judges respects the pardon of the court of the first instance due to possible technical errors in the date of failure of PERSONAL_1, specified in the resolution, the remainder of which contributes to the establishment of the circumstances of the offense.
💬 These decisions are a solid confirmation of established ship practice, for which
⚖️ formal, disrupted delivery procedures cannot be a basis for attracting communities to the level of supremacy.
📍 Lawyer Kerimov A.Z. Similar complaints have been filed more than once, and another appellate court consistently upholds the position of defense, deeming the actions of the TCC and SP bodies illegal.
✅ Professional leaders of the Law Office “Kerimov and Partners” The rights of clients are constantly renewed, and illegal decisions of government authorities are limited.
Our client waived the fine from the territorial recruitment center and social support for any disruption to the mobility sector. Ale law na yogo botsi!
💪 Summary of the professional position of lawyer Alik Zamirovich Kerimov, Another Administrative Court of Appeal in reference No. 641/1247/25, having passed the ruling on the fine.
📌 The court clearly stated: since personal data is already available through electronic interaction between state registries, there is no basis for corroboration (part 3 of article 210-1 of the Code of Administrative Offenses, part 3 of article 14 of the Law No. 1951-VIII).
📌 Part 3 of Article 14 of the Law of Ukraine No. 1951-VIII “On the Unified State Register of Conscripts, Military Conscripts and Reservists”: personal data is collected by the register authorities through electronic interaction with others state registers. Sent confirmation to those who have not specified their personal data in each of the ways prescribed by law in the terms from May 19 to April 16, 2024, the panel of judges is respectful of the undetermined, the fragments The primary reason for this situation is to establish administrative authority over the individual and the very impossibility of removing the individual’s personal data through electronic communication with others information and communication systems, registers (including public ones), databases (banks) of data, as well as daily evidence that during the hour of passage of the positive VLK 01.09.2022 with the knowledge of its bordered affiliation before military service at the military hour according to On July 16, 2024, the personal data of the positive worker was changed, which obviously required clarification. Based on the above, the panel of judges came to the conclusion about the number of cases to take into account, so that in the actions of the positive person there is a clear warehouse of administrative violations, transferred to the third part of Statute 210-1 of the Code of Criminal Procedure, and the very violation of legislation about defense, mobilization preparation and mobilization.
✅ The client has passed the medical examination, whose data is entered before the register - which means the fine is non-exempt (Article 1, Article 22 of the Law of Ukraine “On mobility training and mobilization”, Part 10 Art. 1 of Law No. 3633-IX).
📌 Summary: The state authorities are responsible for their actions in accordance with the law, and the citizens do not bear responsibility for the fact that the state already takes their tribute - the practice of courts confirms this principle.
Over the course of four months - from linden to late 2025 - a huge organization "Spilka of SOU Veterans"спільно з Law Firm "Kerimov and Partners" for support Poroshenko Foundation implemented a project of free legal assistance for military servicemen, veterans, as well as the homelands of the dead and unknown soldiers of Ukraine.
On June 28, 2025, a presentation of the results of the initiative was held with the participation of the team Poroshenko Foundation на чолі з Marina Poroshenko.
At the boundaries of the project it is necessary 216 legal consultations, from which 86 - offline in the office of the State Organization “Spilka of Veterans of SOU” and 130 — online, which made it possible to bury veterans and members of their homelands from various regions of Ukraine.
Fahivtsi gave additional help in discredited decisions of VLK and EKOPFO, guaranteed payments and compensation, and also developed action algorithms for the homelands of the dead and unknown.
The project demonstrated that collaboration of community initiatives and professional lawyers It is a powerful tool for protecting the rights of Ukraine’s defenders.
Щиро дякуємо Poroshenko Foundation for your encouragement and confidence in the ability to implement such important initiatives.
Veterans' rights are our priority. The work is exciting!
Umovny lines for Zahisnik there, instead of a truly blowing viroku. Why is this important for the military!!!
Ship practice. Ours is on the right.
Part 4 Art. 402 CC of Ukraine (non-violation of orders in the minds of the military camp).
In criminal cases, the military service is responsible for Part 4 of Art. 402 of the Criminal Code of Ukraine (non-violation of the order in the minds of the military camp), the court found the person guilty and found 1 river of freedom from testing (test lines - 1 river). In court, the commander and supplementary certificates will be sworn in, directly confirming the illegality of the order. The prosecutor asked for 5 years of recognition.
The position of the defense and defense officer is clear: in addition to the legal punishment, there is an objective side to the warehouse of crime under Art. 402 KK — and may be a truly blowing virok.
What is a “legal order” and why is it critical?
Art. 402 of the Criminal Code of Ukraine transfers responsibility for non-compliance with the order issued under the established procedure. The order may be confirmed by a special person, within the boundaries of renewed importance, consistent with statutes and law, be specific and established.
Art. 60 of the Constitution of Ukraine: no one is asked to impose clearly malicious punishments/orders.
Art. 41 of the Criminal Code of Ukraine about the Viconnian order: an illegal order does not create the obligation of the Vikonian, and the Vikonian does not release the Vikonian from compliance. The reverse side of this norm: failure to violate an illegal order does not commit evil under Art. 402.
Otherwise, it seems: since the order is illegal, it is “ground” for incrimination under Art. 402 knows. The nutritional value is not “improved”, but rather obvious/subsistent to the warehouse.
Why did we insist on the truths of our Zahisnik:
1. The illegality of the order has been established. The court confirmed that the commander himself had given the order, explaining to his responsibilities that the order be read out to the high command, and the commander was informed about the impossibility of enforcing such an order.
2. Standards of evidence. Behind the station 17 CCP and art. 62 of the Constitution, guilt may be brought to a reasonable doubt. If the “core” of the accusation - the legality of the order - is based on the testimony of the commander, the least reasonable doubt arises, which may be hesitant for the benefit of the accused.
3. Systematic legal approach. Criminal law is about clear elements of evil behavior, and not about “discipline.” Since the obligation of victorious punishment is legally not a crime, there is no illegality in “non-convicting”.
What is the court's opinion and why is this problem in the minds of the defenders?
The court, having recognized the violation under the hour of reading the Order, however, deprived the accused of the proof, recognizing the punishment as punishment. This approach replaces the food supply with evil food with the food of the “punishment world”. Ale there, where there is no warehouse, there may be truthfulness, and not “myakshiy virok.”
Why we respect the client’s decision
Viyskovy is a volunteer who wants to take over the country. Without starting to fight against the system and relying on a clever line to put a check on the powerful mayge of courtyard history, since they decided to resign their obligations, in this part of the military they will bring bark under the hour of the defense of the power, the docks brought us to the point of innocence, the command changed, which was accepted back into service and placement before the military changed, and the military decision of the court was otherwise revealed as soon as the virus no longer Mav I am obliged to take part in court hearings in the future, since it is more painful to marvel at everything from both sides, if, in fact, the evidence is the same, and the decision is: “both ours and yours.” We respect the decision of the Secretary in any part that is compatible with him, but against the will of the Client, we cannot act against him. The outpost was brought into full view of the homeland of Zakhisnik. At the same time, lawyers fix a principled point: the court actually established the illegality of the order, and therefore, there was no obligation to dismiss it.
For your military and other homelands: this is not about the cry “don’t stand up to punishment.” This is about those that legal punishments are obligatory, and illegal ones cannot be a basis for criminal prosecution under Art. 402 CC. Difference is the nutrition of law, facts and evidence in a specific law.
The defense was represented by the following national lawyers: Alik Zamirovich Kerimov and Ruslan Gramuddinovich Ismailov.
Positive result of the VLK disgrace at the hour of being called up for military service at the hour of mobilization✅
The client is not insured for a diagnosis under the hour of VLK due to the fact that the level of affiliation to the military service has not been objectively established.
Following the results of the skarga on the post of the VLK, the military service was sent for a repeat medical examination to the regional VLK.
We took decisions about the military service from the military service in connection with the completed line of service at the time of the completed line of the contract, laid down within the hour of the day воєнного стау
Before JSC "Kerimov and Partners" there is a violent military serviceman who is in military service under a contract signed during the war, the term of which expires in the fall of leaves in 2025 due to the following: You may get confused from military service?
Having completed the analysis of the Law of Ukraine “About military service and military service”, it has been decided to submit a report on discharge from military service under paragraph “g”, paragraph 3 of part 5 of Article 26 of the Law of Ukraine “On military uniform and military service.”
The military part reviewed the report and made a decision regarding the release of the Client from the military service after the end of the contract.
Since the 1st of 2025, important changes in the law have begun to take place in Ukraine, which the military servicemen are concerned about because they have become unsure of special circumstances. These innovations regulate the rights of the homelands of the military, the procedure for withdrawing penny security and other social guarantees.
Lawyer Alik Kerimov and the lawyers of the law office “Kerimov and Partners” will conduct a detailed analysis of the key aspects of these changes, give practical advice on legal procedures and look at the court practice of the law about the unknown unknowns of military services.
This seminar will be valuable for the home countries of the unknown military, as they look for in the complex legal diet, as well as for legal specialists who work in the field of social support military servicemen.
