The good news in the case against the State Film Agency

It took four years of litigation for the State Film Agency to fulfill what the law and the Cabinet of Ministers guaranteed to the clients back in 2018, namely, the accrual and payment of a stipend for two years of service as members of the State Film Support Council. The State Film Agency did not want to pay anything because, in their opinion, the Budget Code lacked a provision that would give them the right to accrue a stipend, and this was despite the fact that the relevant law and a number of CMU resolutions directly required it.

From a professional point of view, these cases are almost a textbook example of jurisdictional disputes because, for two out of four years, the courts determined subject matter jurisdiction, so that in the end, half of the cases were left in the administrative system, and the other half were sent to general jurisdiction.

We have repeatedly approached representatives of the State Film Agency with questions about an amicable settlement of the dispute, but the agency’s position has remained unchanged—”at the discretion of the court.” Whether such a policy is effective—in this situation, the answer is definitely not in favor of the State Film Agency.

As a result, the clients will receive all their money, and the State Film Agency will additionally have to reimburse legal costs and inflationary costs because instead of fulfilling its statutory obligation in good faith, the state film institution decided to shift the responsibility for making decisions to another branch of government.

Well, so far the score is 2-0, to be continued.

Congratulations to our clients and our team!

Here are the links to the decisions:

– Judgement in the case of Andrii Khalpakhcha: https://reyestr.court.gov.ua/Review/116919840

– Judgement in the case of Andrii Donchyk: https://reyestr.court.gov.ua/Review/116919928