The Ilyichevsky City Court of the Odesa Region, which is located in the city of Chernomorsk, ruled that the suspension of a local female teacher from work due to her lack of vaccination against COVID-19 was illegal. The court also found the quarantine itself illegal in Ukraine. This is reported by "Dumskaya".
It is known that the court satisfied the claim of Olga Diasamidze, the head of the "Floristika" art club at the city preschool education center, who was suspended from work without pay. Judge Dmitry Pushkarsky made such a decision on New Year's Eve.
He found illegal the order of the director of the center to remove the employee, reinstated her at work and collected unpaid money from the municipal institution in favor of the plaintiff — UAH 18 285 kopecks.
The court analyzed the "quarantine" resolutions of the Cabinet of Ministers and the order of the Ministry of Health on the approval of the list of professions, industries and organizations whose employees are subject to mandatory vaccination, relevant legislation, the Constitution, the position of the Constitutional Court, set out in the decision of the Grand Chamber of the KSU dated August 28, 2020, and came to the conclusion that forcing vaccination of certain groups of the population is illegal. Moreover, the quarantine established in Ukraine itself is illegal:
"The following procedure for introducing quarantine is legal and does not contradict the Constitution of Ukraine," the decision states. — The President issues a decree on the introduction of a state of emergency. The Verkhovna Rada approves this decree. The decree enters into force. The chief sanitary doctor submits a proposal to the Ministry of Health regarding an appeal to the Cabinet of Ministers of Ukraine with a proposal to establish quarantine. The Ministry of Health of Ukraine raises the question of establishing a quarantine before the Cabinet of Ministers of Ukraine. The Cabinet of Ministers of Ukraine establishes a quarantine. Quarantine comes into effect. All four actions are mandatory and chronological. That is, until the first and second actions are implemented, the fourth cannot happen. As is known, a state of emergency has not been introduced in Ukraine. Accordingly, as of this moment, the Chief Medical Officer was not authorized to initiate quarantine, and the Cabinet of Ministers had no reason to establish quarantine. Thus, it should be stated that quarantine was not introduced in the legal field of the current legislation of Ukraine."
Regarding vaccination against COVID-19, the court notes that its voluntary nature is stated in all regulatory and international documents.
In addition, the court came to the conclusion that "drugs for the coronavirus disease COVID-19 are at the stage of clinical testing on patients", and such tests on citizens without their consent, with the use of any means of coercion, are considered illegal. Judge Pushkarsky also drew attention to the fact that vaccination against Covid-19 is not included in the calendar of preventive vaccinations.
