Publication date: 18.05.2024
The lawfulness of dismissal from the Ministry of Justice of an official with russian citizenship was confirmed by the court
The Sixth Administrative Court of Appeal confirmed the legality of the dismissal from the Ministry of Justice of the former deputy head of the Central Interregional Department of the Ministry of Justice, who was a citizen of the russian federation. This decision caused a wide resonance in society, because it concerns the security and national interests of Ukraine in the conditions of ongoing aggression on the part of Russia.
Documenting the fact of Russian citizenship
The fact that the former official received Russian citizenship was documented by the Security Service of Ukraine (SBU). According to the SBU, this fact was the basis for informing the management of the relevant ministry, which made a decision on her dismissal in 2021.
The SBU received materials confirming that the official had Russian citizenship. After that, he was dismissed from his post, which is an appropriate reaction to the discovery of dual citizenship, especially citizenship of a country that is waging an aggressive war against Ukraine.
Attempt to appeal dismissal
After the dismissal, the ex-offender decided to appeal this decision. She submitted to the court a certificate from the "main department of the Ministry of Internal Affairs of the Russian Federation in the city of Moscow", in which it was stated that she allegedly does not have a Russian passport. This became the basis for her complaint to the District Administrative Court of Kyiv.
However, after reviewing the evidence base provided by the SBU, the court dismissed the complaint of the ex-accused woman without satisfaction. The decision of the Kyiv District Administrative Court of May 20, 2022 also remained unchanged.The court found the documents issued by the aggressor state to be worthless and not trustworthy.
SBU evidence base
The SBU representatives proved the worthlessness of the documents provided by the ex-officer at the court. They also presented evidence that disproved her claims of receiving Russian documents in Bulgaria. In particular, it was proved that the plaintiff did not go to Bulgaria, as she claimed.
This fact once again emphasizes the professionalism and thoroughness of the SBU's work in identifying persons who have dual citizenship and hold key positions in Ukrainian state structures. It also emphasizes the importance of national security and control over civil servants, especially in times of war. You may be interested in the following articles: lawyer's consultation lawyer's consultation document analysis legal analysis of the situation written consultation document verification by a lawyer lawyers documents lawyer's help online lawyer online legal opinion legal opinion of a lawyer lawyer online
Possibility of appeal in the Supreme Court
Currently, the former prosecutor has the opportunity to appeal this decision in the Supreme Court. This is her right in accordance with Ukrainian legislation, which provides for a multi-level system of judicial proceedings to ensure justice and legality.
However, given the existing evidence base, which has been thoroughly scrutinized and confirmed by lower courts, the chances of such an appeal being successful appear doubtful.
Conclusions
This case is an important precedent in the context of the protection of Ukraine's national security.She emphasizes the need for strict control over compliance with citizenship legislation among civil servants. The actions of the Security Service of Ukraine and the decisions of the courts testify to Ukraine's readiness to protect its national interests and security in the face of aggression from Russia.
In addition, this case demonstrates that the Ukrainian judicial system is able to effectively respond to challenges related to hybrid warfare and other forms of subversion used by the aggressor state. It also shows the importance of cooperation between different government agencies to ensure law and order.
The Security Service of Ukraine, the Ministry of Justice and judicial authorities demonstrated a high level of professionalism and cooperation in solving this complex case, which is a positive signal for society and the international community regarding Ukraine's ability to protect its national interests.
