Supreme Court confirms legality of courts’ decision to deprive teacher of right to hold his position for collaborative activities

The Supreme Court has upheld the decision of the courts of the first and appellate instances in the form of a 10-year deprivation of the right to hold certain positions of a school teacher from Zhytomyr, who was found guilty of collaboration.

“In May 2022, a teacher of one of Zhytomyr schools publicly convinced colleagues and others that there was not a war on the territory of Ukraine, but a ‘special military operation’ of the armed forces of the Russian Federation … convinced of the need to restore friendly relations between Ukraine and the Russian Federation, of the inability of Ukrainian troops to protect the Ukrainian people,” the Supreme Court said on the Facebook page on Friday.

Also, according to the court, the teacher called the consequences of the military aggression in Bucha of Kyiv region “staged plots”.

“According to the verdict of the local court, left unchanged by the Court of Appeal, the woman was sentenced for collaboration activities to punishment in the form of deprivation of the right to hold positions related to the performance of state and local government functions for a period of 10 years. The Supreme Court agreed with the punishment imposed,” the court informs.

According to the report, the panel of judges of the Cassation Criminal Court of the Supreme Court noted the validity of the conclusion of the appellate instance that “the punishment chosen for the convicted person will correspond to its goals, namely, it will contribute to her correction and prevent her from committing new criminal offenses.”

Also, the court in its decision indicated that according to Paragraph 3 of Part 1 of Article 41 of the Labor Code of Ukraine, the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work is the basis for termination of an employment contract with an employee.

“Employees performing an educational function, in particular a teacher, an educator, should, among other things, be patriots of their homeland, active carriers of moral beliefs, since they influence the formation of the personality of students, and their behavior should be an example to follow,” the court said.

 

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