Prosecutor's daily routine

Not long ago, a woman came to my personal reception and expressed immense gratitude to the employees of the Vitebsk Prosecutor's Office, whose professional actions restored her legal rights and interests. In conversation, she said that she had never been to court before and, lacking even a basic legal education, was very afraid during the first court hearings. But when the prosecutors got involved, she gained confidence in her righteousness and had no doubts about the triumph of the Law.

Thus, three years ago, a resident of Vitebsk, P., got a job at one of the factories in our regional center.

In May 2016, according to the factory director's order, due to difficult financial circumstances and "to reduce costs and prevent job losses," the director changed the essential terms of employment for three factory workers, including our resident. A month later, by another order, for some reason, two of the aforementioned employees had their "efficiency" bonus revoked.

Two employees disagreed with the significant changes to their work, and as a result, in June, their employment was terminated on July 5, 2016, with the wording "due to refusal to continue working in connection with changes in essential terms of employment." Despite the foregoing, just a week later, by the director's order dated July 13 and 18 of last year, two other employees were hired, who were granted more favorable working conditions than the two previously dismissed.

The dismissed P. believed that the factory director's actions infringed upon her labor rights and, in early August 2016, filed a lawsuit in court, in which the employees of the Vitebsk Prosecutor's Office took an active part.

The prosecutors carefully reviewed the materials of this civil case and defended the woman's legal rights and interests, posing "uncomfortable questions" to the factory manager during the court proceedings.

After two court hearings, on September 8 of last year, the director issued an order to reinstate

on this woman's employment, invalidation of the entry in the employment record regarding her dismissal, and payment of average earnings for the period of forced absence.

      Taking into account the content of the order dated September 08, the court decided, as required by law, to leave the application without consideration.

      Well, it seems that justice has triumphed, the woman has returned to work, however, the prosecutors saw in this whole situation a serious violation of the law by the plant management and subsequently took measures to restore legality and justice.

      In accordance with the Law of the Republic of Belarus "On the Prosecutor's Office of the Republic of Belarus", the tasks of the prosecutor's office include ensuring the supremacy of law, legality and law and order, and protecting the rights and legitimate interests of citizens and organizations.

       Based on the requirements of the Law, employees of the city prosecutor's office on 09/30/2016 filed a corresponding application with one of the district courts of Vitebsk to recover from the plant manager almost 600 de-denominated rubles in favor of the plant he headed, since due to his illegal dismissal actions, the woman was paid money, thereby causing material damage to the plant.

      According to the materials of the civil case, a little later the plant manager issued an order establishing a commission, which was instructed to determine the causes and circumstances of P.'s illegal dismissal and her subsequent reinstatement. Two days later, the commission very promptly "established" the guilty party – the leading HR specialist K. – and literally the next day prepared a statement of claim against K. to recover the aforementioned 600 rubles.

      The prosecutors took a firm principled stance and in court began to present their arguments, based on labor law and a meticulous analysis of all the circumstances of the labor dispute, regarding the guilt of the plant manager. The plant's side held the opposite opinion, believing that all the blame lay with their former HR employee, and not with the manager.

      In January 2017, the court made a decision, according to

which the prosecutor's claims were satisfied, and the plant representative's arguments – unsubstantiated, as the court found no fault in the actions of the HR employee K.

      In the decision, in particular, the court indicated that all dismissal orders were signed by the plant director himself, who did not organize the coordinated work of all plant specialists. It should be noted that the court's decision was not appealed by the plant in the prescribed manner and entered into legal force after 10 days.

       Thus, as a result of illegal actions, a person was dismissed, and after his rights were restored, monetary funds were paid to him at the expense of the plant. After the prosecutor's intervention, the paid funds were recovered from the guilty person who signed the dismissal order.

      The conclusions from this entire story are as follows. First: only strict adherence to the law will save a person from interacting with law enforcement agencies. Second, employees of the Vitebsk prosecutor's office protected the legal rights and interests of two women, as well as the interests of the enterprise itself. Third, one can hope that the plant administration will draw certain organizational conclusions and establish order in the observance of labor legislation by all specialists without exception.

Returning to what was started, I will finish by talking about the employees of the Vitebsk prosecutor's office, who took a direct part in this labor dispute and thus once again clearly showed the role of the prosecutor's office in protecting legality in our country, the rights of citizens and legal entities, regardless of the position or status held by the lawbreaker.

Senior Assistant Prosecutor of the city Zhykov A.M. has been serving in the prosecutor's office since 2009, and Dedyuro A.P. is an assistant prosecutor of the city of Vitebsk. I will note right away, they are hereditary lawyers, as both of them have fathers who are professional lawyers: one worked in the judicial system, and the second – in the prosecutor's office of the Republic of Belarus.

The leadership of the Vitebsk prosecutor's office is well aware of their professional and moral and business qualities, and it is preciselytherefore, we place great hope in them.

Currently, A.M. Zykov, upon the petition of the Vitebsk City Prosecutor's Office, has been appointed Deputy Prosecutor of Vitebsk City by order of the Prosecutor General of the Republic of Belarus as of May 2nd of the current year, and A.P. Dedyuro, by order of the Vitebsk Regional Prosecutor, has been promoted to the position of Senior Assistant Prosecutor of Vitebsk City.

I am confident that this one episode, which constitutes all the ordinary, everyday prosecutorial work, also played a role in the promotion of these employees of the Vitebsk City Prosecutor's Office.

Deputy Prosecutor of Vitebsk City, Lev Kim.