The former head of the Berdyansk port lost the case for reinstatement
1.05.2023 - 13:50
Oleksandr Barchan, the former head of the Berdyansk port administration, lost his reinstatement case.
The legality of the dismissal was confirmed by the Kyiv Court of Appeal. This is stated in the materials of case №761/32138/21 on the website of the Unified State Register of Court Decisions.
In September 2021, Barchan filed a lawsuit against the defendants of the Ministry of Infrastructure of Ukraine, SE “Administration of Sea Ports of Ukraine” to declare illegal and cancel the order on termination of powers and reinstatement.
According to the plaintiff, the day before his dismissal, he was employed at the AMPU under the terms of a permanent employment contract without any conditions other than those stipulated by the Labor Code. The Shevchenkiv District Court of Kyiv on January 17 of last year satisfied this lawsuit.
MIU filed an appeal, asking the court to overturn the decision and deny Barchan’s claim. The agency referred to the violation and incorrect application by the court of first instance of the norms of substantive and procedural law, incomplete clarification of the circumstances, etc.
The appeal was supported by the fact that the court erroneously concluded that there was no administrative document of the MIU on the termination of Barchan’s powers. Such a document is the order of the Ministry dated August 5, 2021 No. 50-os, a copy of which is in the civil case files.
AMPU representatives appealed to the court with a similar appeal.
Therefore, on March 14, the appeals court published a decision in which it satisfied the appeals of MIU and AMPU, and rejected Barchana’s claim. Despite the fact that the decision could be appealed in the court of cassation within 30 days, Barchan did not do so. The decision on the legality of his dismissal from office has entered into force.
“The appeal of the Ministry of Infrastructure of Ukraine, which was submitted by the representative Diana Valeriivna Shevchuk, and the appeal of the State Enterprise “Seaports Administration of Ukraine”, which was submitted by the representative of Pereyma, Denys Oleksandrovych, should be satisfied. The decision of the Shevchenkiv District Court of Kyiv dated January 17, 2022 — to cancel and adopt the resolution. “The court’s decision states that PERSON_1’s claims against the Ministry of Infrastructure of Ukraine, the State Enterprise “Seaports Administration of Ukraine” to be recognized as illegal and the order to terminate his powers and reinstate him as illegal should be met.
The court decided to compensate the legal expenses of MIU for the payment of the court fee for filing an appeal in the amount of UAH 2,724 with state funds in accordance with the procedure established by the Cabinet of Ministers. It was decided to compensate the legal costs of AMPU in the same amount in the same way – at the expense of the state.
Oleksandr Barchan headed the Berdyansk port administration since October 2016. MIU terminated his authority in August 2021.
In February 2020, NABU detectives detained Barchan on suspicion of abuse of official position, as a result of which the former port chief caused losses of UAH 2.49 million to the state-owned enterprise. However, in November of last year, VAKS recognized Barchan’s guilt as unproven.
