The Galitsky District Court of Lvov considered a claim regarding the legality of the dismissal of Irina Farion from the position of professor at the Department of Ukrainian Language at the Institute of Humanities and Social Sciences of the National University " As noted in the court decision, the case was considered according to the rules of simplified claim proceedings without calling the parties. The court accepted the claim and rejected it in full. An appeal against a court decision may be filed within thirty days from the date of proclamation.
What Irina Farion demanded.
Irina Farion demands that the order of the rector of the National University “Lviv Polytechnic” on her dismissal from the position of professor and another order of the rector of the “Lviv Polytechnic” be declared unlawful and canceled.. Also, the court must, at the applicant’s claim, reinstate her in her position, recover from the university the average salary for the entire period of forced absence and all legal costs incurred by her in considering the case.
The court indicated that the plaintiff considers “the dismissal to be illegal, and these orders to be groundless, unfounded and not based on the actual facts of her committing an immoral offense.”.
Arguments of the court - legal orders and actions of the rectorate.
The court rejected all of Irina Farion’s claims, arguing that “the controversial orders issued by the defendant, in their content, comply with the provisions of the current legislation”. In particular, as stated in the decision, the orders were issued by an authorized person, they were adopted on the basis of the current provisions of the law according to the established procedure.
“Moreover, it has been established that the second order was issued by the defendant precisely to comply with the dismissal procedure in accordance with the norms of the current legislation, that is, to eliminate the relevant shortcomings that occurred when the first order was issued related to the plaintiff’s stay in treatment,” the text reads.
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The court also assessed the likelihood of the applicant committing an immoral offense." “It is obvious to the court, in particular from the arguments given by the participants in the proceedings, that this dispute affects the public sphere, that is, it has acquired a certain public resonance, because the defendant actually initiated the process of dismissing the plaintiff, including taking into account this factor. This is actually reflected in the content of the statements submitted to the court by the defendant.”. In the text of the decision, the court explained at length that it is problematic to establish clear criteria for the morality or immorality of an offense, since the legislation does not contain relevant instructions, but it gave a definition of how Irina Farion’s well-known statement regarding the use or non-use of the Ukrainian language by military personnel can be perceived.
“The court is convinced that it is unacceptable to evaluate the heroism of military personnel based on the criterion of language proficiency.”.
According to the court, the plaintiff has the opportunity to express his comments, being in a relatively safe place in his country, on territory not captured by the aggressor, and the defendant has the opportunity to engage in his daily life activities (teach students, provide work opportunities for teachers, pay them wages, and stipends for students.
The court is convinced that the heroism of military personnel, their actions or their personalities, in any case, is unacceptable to evaluate based on the criterion of the degree of knowledge or ignorance of the state language or use of it in their professional activities,” the text of the court decision says.
Irina Farion commented on the court decision: “political journalism”.
Irina Faion commented on the court decision, calling her dismissal “politically motivated” and “illegal”.
“What this judge wrote has nothing to do with the legal basis. This is custom political journalism. This is to be expected. There will be an appeal" Irina Faron also recalled in her commentary message that she has experience of losses in the courts of first instance.
Former deputy Irina Farion was dismissed from her position as a professor at the Lviv Polytechnic University in November 2023.. The reason is Farion’s violation of Article 41 of the Labor Code:
the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work.
Earlier, Irina Farion publicly stated that she does not consider “our soldiers who communicate in Russian at the front” to be Ukrainians.. During an interview with Yanina Sokolova, she stated that she could not call the Russian-speaking military, in particular the fighters of the Azov brigade, Ukrainians, since some of them speak Russian: “I can’t call them Ukrainians, because I don’t want to speak Ukrainian - then. Why are the stench so deceiving "