Publication date: 15.04.2025
My name is Vovkanych Andriy, I am a lawyer from Uzhgorod. I work diligently and deeply on administrative cases and cases of appealing resolutions on administrative offenses. I also work with military law within the service (consultations, processing of deferments)
Background Information: A former police officer filed an administrative lawsuit with the District Administrative Court, requesting that the order issued by the Department of Patrol Police imposing a disciplinary penalty in the form of dismissal from service be declared unlawful and canceled. The claimant argued that the disciplinary proceedings were conducted in violation of established procedures and that the dismissal was unjustified. In seeking to appeal the order, the claimant based their position on alleged violations of labor rights and the disproportionality of the imposed sanction.
Issue:
The claimant contended that the dismissal order was unlawfully issued without sufficient evidence of a disciplinary offense and failed to meet the principles of proportionality in punishment. According to the claimant, the employer did not prove the existence of culpable actions that would justify dismissal, and the disciplinary procedure itself was allegedly formal and insufficiently substantiated.
Resolution (Position of the Respondent and Their Legal Representative):
The legal representative of the police authority provided comprehensive legal support throughout the case:
- Analysis of the Disciplinary Case: It was established that the internal investigation was conducted in full compliance with legal requirements — including documentation of violations, obtaining written explanations, and collecting necessary evidence.
- Legal Argumentation: The lawyer provided a detailed justification for the legality of the dismissal order, citing the repeated nature of the claimant’s disciplinary offenses and confirmed instances of failure to perform official duties.
- Preparation of Procedural Documents: A written response to the claim was submitted to the court, referencing the legal basis for the disciplinary action under the Law of Ukraine "On the National Police", the Disciplinary Statute, and internal regulations.
Course of Proceedings:
During the court hearings, the lawyer presented all necessary evidence to support the legality of the employer’s actions:
- Internal investigation documents;
- A copy of the dismissal order with explanatory notes;
- Records of prior disciplinary remarks, indicating a pattern of violations;
- Internal regulations and official instructions that had been violated.
The claimant, in turn, failed to present convincing evidence to support their position. Arguments regarding "emotional pressure" or "personal bias" were deemed subjective and insufficient.
Outcome:
The court ruled to reject the claim in full. The decision stated:
- The disciplinary penalty of dismissal was applied legally;
- No procedural violations were found;
- The employer had sufficient evidence to issue the relevant order;
- The sanction applied was proportional to the seriousness of the disciplinary offense.
📌 Case Significance: This case serves as a key example of protecting a public authority under judicial oversight of decisions in the field of public service. It demonstrates that, with proper procedures, thorough documentation, and competent legal support, even complex disputes can be resolved in favor of a government agency.
This case is a noteworthy example in administrative justice where the legal representative of a public body successfully defended the lawfulness of a challenged decision. Proper documentation of the disciplinary process, timely preparation of the evidentiary base, and active participation in the judicial proceedings led to a favorable outcome. It also underscores the importance of professional legal assistance and strict adherence to the law in resolving labor disputes within law enforcement structures.
