Referring to the ILO Guidelines on Labor Relations №198, which states that ILO Member States should provide for the possibility of defining in their legislation and regulations or other means specific features of the definition of labor relations, and such features include “subordination “And” dependence “, as well as the relevant practice of the ECtHR, namely:
Salov v. Ukraine (application no. 65518/01; § 89), in which the ECtHR emphasized that, under Article 6 of the Convention, the judgments of the courts sufficiently contained the grounds on which they were based to establish that the parties had been heard and in order to ensure public oversight of the administration of justice (Hirvisaari v. Finland, application № 49684/99; para. 30);
Seryavin and Others v. Ukraine (application no. 4909/04; § 58), which stated that the purpose of a reasoned decision was to demonstrate to the parties that they had been heard. In addition, the reasoned decision gives the party the opportunity to appeal against it and to have it reviewed by a higher court (Hirvisaari v. Finland, application № 49684/99, § 30);
Voloshin v. Ukraine (№ 15853/08) and paragraph 22 of Batsanin v. Russia (3932/02), which stated that the principle of equality of arms required a “fair balance between the parties” and that each party should be given an appropriate opportunity to present his case in conditions that do not put him at a significant disadvantage;
Pronina v. Ukraine (№ 63566/00), paragraph 13 of Petrychenko v. Ukraine (№ 2586/07) and paragraph 280 of the judgment of the European Court of Human Rights in Nechiporuk and Yonkalo v. Ukraine (№ 42310 / 04) where a position has been expressed that the Court is obliged to assess each specific, relevant and important argument, failing which it fails to fulfill its obligations under Article 6 § 1 of the Convention,
S&P’s lawyers in the interests of the client – an industrial enterprise – canceled the fine of the State Labor Inspectorate in the amount of more than UAH 500,000 in the administrative court.