Ministry of justice of Ukraine

Case № 2-7
2001

April 3, 2001 Ochakiv district court
Mykolaiv region

Head - judge Golovko L.I.
secretary - Baukova G.A.

listened to the case in the open court hearing in Ochekiv city, Kalashnikov Mykola Vasylyovych sues Ochakiv city department of justice and demands reimbursement of money,

the court decided:

Kalashnikov M.V. applied to the court with a lawsuit to Ochakiv city department of justice and demanded reimbursement for the damage. He supports his demands with the next fact:
In on May 13, 1998 Ochakiv district court bound OSC "Avtobaza" to pay Kalashnikov salary debt in the amount of UAH 3176. The documents for fulfillment of the decision were sent to Ochakiv city department of justice. Even though the OSC "Avtobaza" had money on their account, the worker from the department of justice did not do his job and did not get the money from "Avtobaza". Inaction of the worker caused damage in the amount of UAH 2058 due to inflation of the previous amount of money. By August 1, 2000 UAH 3176 decreased in value in 64,8%. He asks the defendant to reimburse this amount of money.
In the court hearing representative of the plaintiff specified his demands and asked to make OSC "Avtobaza" pay UAH 2283. He motivated this demand with the fact that in the period between 1998-2000 the company had money on their account and had a chance to pay their debt to the plaintiff, but did not do so. And city department if justice did not do necessary actions to ensure fulfillment of the court decision.
Representative of the defendant - Ochakiv city department of justice - doesn't agree with the claim… He explained that the plaintiff lost his money because of inflation, but not improper work of the department of justice.
The defendant also explained that even thought the OSC "Avtobaza" had money on their account - they could not pay the plaintiff. At that time the company was paying to other plaintiffs.
The court studied materials of the case and decided the following.
According to the article 440 of Civil Codex of Ukraine the damage must be fully reimbursed.
As determined by the court, worker of the city department of justice started working on this case with OSC 'Avtobaza" on June 1, 1998. According to the instruction, the letter to accountant office of OSC "Avtobaza" was sent on June 3, 1998 along with instruction to pay Kalashnikov the salary debt in the amount of UAH 3176. On August 10, 1998 the letter was sent once again. On August 10, 1998, November 11, 1998, June 16, 1999, December 20, 1999, April 28, 2000 and June 6, 2000 he took inventory of the defendant's property and placed in for the auction. But no one was interested in buying it.
The worker of the department of justice did not have a chance to check whether the defendant had money on their account. So, the city executive service did their best to ensure fulfillment of the court decision. The court does not see their fault in this case.
Along with it, the court determined that the company had monetary operations beyond their bank account. The worker of the department of justice did not know this. The company could have paid the plaintiff. This fact is evident from income tax forms of OSC 'Avtobaza" for the period of 1998-2000 and the defendant does not deny it.
The court decision was ignored by the company and in the period between June 1998 and March 2001 the prices went up and the mentioned amount of money decreased in value on 64,8%, which is UAH 2283 and according to the article 33 of Law of Ukraine "About payment for work" must be paid be the company.
У зв'язку з невиконанням рішення про виплату розрахункових коштів за період з червня 1998 р. по березень 2001 р. та відповідно до індексу зростання цін на споживчі товари і тарифи на послуги стягнена сума знецінилися з вини відповідача ВАТ "Автобаза". % інфляції за вказаний період складає 64,8% в сумі 2283 грн. і у відповідності зі ст. 33 З.У. "Про оплату праці" підлягає стягненню з винної сторони.
The Court does not see the fault of the worker from department of justice. Decrease in value of money was caused by inflation and with the fault of the OSC "Avtobaza". The court refuses in the lawsuit to the department of justice.
Based on articles 15, 30, 62, 203, 209 of Civil-Procedural Codex of Ukraine the court
decided:

Oblige OSC "Avtobaza" to pay UAH 2283 to Kalashnikov M.V. and UAH 51 of governmental taxes.
Refused in lawsuit to department of justice
Appellation can be submitted within 10 days to Mykolaiv regional court through Ochakiv district court.