Fake visit to the TRC: Odesa customs officer failed to justify truancy in court with an "invalid" summons

Fake visit to the TRC: Odesa customs officer failed to justify truancy in court with an "invalid" summons

Summons Without Number Fails to Save from Reprimand: Odesa Customs Officer Loses Court Case Over Truancy «Under Cover» of TRC.

This is reported by "Courts by Schemes".

The Fifth Appellate Administrative Court of Odesa canceled the decision of the first instance court in case No. 420/32271/24 and upheld the legality of the reprimand imposed on the head of the customs clearance department, Viktor Zalepa, for absence from the workplace.

Essence of the Conflict

The story began in August 2024. Viktor Zalepa, head of customs clearance department No. 1 at the «Yuzhnyy-Port» customs post of Odesa Customs, was absent from work for more than four hours — from 12:45 to 17:00. The customs office classified this as truancy and imposed a disciplinary sanction in the form of a reprimand on the official.

Viktor Zalepa appealed to the court, seeking to cancel the order. His main argument was that during his lunch break, he was allegedly stopped by TRC and SS employees and served a summons to update data for the same day at 13:00. The official claimed that he spent the entire time at the recruitment center and had to leave his phone at the entrance, so he could not notify the management.

«Alibi» Not Confirmed

During the disciplinary proceedings, Odesa Customs discovered significant discrepancies:
1. Official response from TRC: In response to the customs officers’ inquiry, the territorial recruitment center stated that Viktor Zalepa was not present in the premises on August 19, 2024 (according to the visitors’ log).
2. Problematic summons: The document provided by the customs officer as evidence had no registration number. According to Cabinet of Ministers Resolution No. 560, a summons without a number has no legal force and is not recorded in the Unified Register.
3. Manager’s behavior: The court noted that Zalepa, as the head of the department, was held to high standards of responsibility and was obliged to notify management about the summons to the TRC before entering the building, but he did not do so.

Court Decision

The Odesa District Administrative Court initially sided with the customs officer, but the appellate instance reversed the verdict.

The panel of judges of the Fifth Appellate Administrative Court concluded that the validity of the reasons for absence from work was not proven. The court emphasized that a summons without a registration number is not an official document, and the testimony of a witness (an acquaintance of the plaintiff), who allegedly saw him at the TRC, cannot refute the official response from the state authority.

On March 31, 2026, the court ruled:
• Satisfy the appellate complaint of Odesa Customs.
• Cancel the decision of the first instance court.
• Deny Viktor Zalepa’s claim in full.

Thus, the reprimand for truancy remains in force.