Today, an interdepartmental meeting was held at the regional prosecutor's office with the participation of the Territorial State Labor Inspectorate in the Volyn region, the State Tax Inspectorate in the Volyn region and the Pension Fund of the Volyn region and enterprises - debtors for wage payments. At the meeting, the state of compliance in the region with the legislation of Ukraine on remuneration of labor was considered. At the current stage of development of Ukraine's economy, one of the priority areas of work of prosecutor's offices is effective supervision over compliance with laws aimed at protecting socio-economic, political rights, personal rights and freedoms of man and citizen, primarily regarding the realization of the right to work and its remuneration. An analysis of the situation for 2004 regarding wage arrears indicates stabilization of processes and some positive shifts in the repayment of wage arrears, which compared to the beginning of the year decreased by 7.1% and as of 01.05.04 amounts to 15.3 million hryvnias at 326 debtor enterprises (at the beginning of the year it was 18.1 million hryvnias; last year such debt amounted to 27 million hryvnias as of 01.01.03), of which the amount of debt at enterprises that suspended activity equals 5.2 million hryvnias, of which 1.4 million hryvnias - at enterprises that suspended activity in 2003. However, despite this, in certain branches, sectors of the economy and enterprises, the rates of debt repayment remain low, which leads to social tension in society. In particular, the highest level of debt remains in industry - 8563.4 million hryvnias, in agriculture - 2953.5 million hryvnias, in construction - 1422.1 million hryvnias, in municipal and road transport - 684.0 thousand hryvnias and in organizations engaged in real estate operations - 641.7 million hryvnias, in which 47-73% of the monthly wage fund is underpaid. The debt in the city of Novovolynsk remains significant (7386.4 thousand hryvnias), although in April of the current year the debt in the industrial complex was reduced by 754 thousand hryvnias, or 8.4 percent. However, the problem of wage debts to miners is the most acute in the region. Thus, miners, mine builders and workers of the Novovolynsk repair and mechanical plant (enterprises servicing the mines) are owed 734.7 thousand hryvnias. Wage arrears are also large in the city of Lutsk (2863.1 thousand hryvnias), Kivertsi district (1048.7 thousand hryvnias), the city of Kovel and Kovel district (672.2 thousand hryvnias), Lyubeshiv district (589.2 thousand hryvnias), Manevychi district (453.1 thousand hryvnias), Lutsk district (408.4 thousand hryvnias), Turiisk district (283.4 thousand hryvnias), Lyuboml and Shatsk district (348.2 thousand hryvnias). The prosecutor's offices of the region have taken a number of measures to implement effective supervision in this area. Thus, over the past five months of the current year, the prosecutor's offices of the region have initiated 24 criminal cases, of which 12 were sent to court and considered by the court. In addition, 123 instructions and submissions were issued, 32 protests were filed, 3.1 million hryvnias were reimbursed based on documents of prosecutorial response, the rights of 2993 citizens were restored, and 89 officials were brought to disciplinary and administrative liability. The inspections conducted by the prosecutor's offices of the region established that violations by business entities of the requirements of Art. 43 of the Constitution of Ukraine, Art. 24 of the Law of Ukraine "On Remuneration of Labor", Art. 115 of the Labor Code of Ukraine and Decree of the President of Ukraine No. 292 of 07.05.2001 "On Urgent Measures to Accelerate the Repayment of Wage Arrears" regarding the timely payment of wages continue to occur. Often such violations are of a criminal-legal nature. Thus, on 3.01.2004, the regional prosecutor's office initiated a criminal case against the chairman of the board of OJSC "Volynlesprom", who, with funds available in the current account, did not direct them to repay wage arrears but used them for other purposes, namely: the purchase of food products, stationery, roofing felt, fuel and lubricants, spare parts, furniture and parquet, which were subsequently sold, which caused wage arrears in the amount of 83.2 thousand hryvnias. This criminal case was completed by investigation and on 17.03.04 was considered by the court, the guilty person was convicted. It should be noted that the prosecutor's office of the city of Lutsk initiated 6 criminal cases, the Kovel interdistrict prosecutor's office - 3, the Lyuboml interdistrict prosecutor's office, the prosecutor's offices of Ratne, Stara Vyzhivka districts and the city of Novovolynsk - 2 each, the regional prosecutor's office, Horokhiv, Ivanychi, Kivertsi, Lyubeshiv, Rozhyshche, Turiisk districts initiated one criminal case each. In addition, of the 12 criminal cases initiated by intercity-district prosecutors on the grounds of the crime provided for by Art. 175 of the Criminal Code of Ukraine and sent to court, 9 criminal cases were sent to court with resolutions on release from criminal liability and the accused on the basis of Art. 7 of the Criminal Procedure Code of Ukraine in connection with the reimbursement of wage arrears. This fact indicates that 9 managers still had the opportunity to pay off the debt in a timely manner. Not all employers comply with the requirements of Art. Art. 116, 117 of the Labor Code of Ukraine regarding the payment to the employee of all amounts due on the day of dismissal. The Lyuboml interdistrict prosecutor's office established that at the Holovne vegetable drying plant, the terms of settlement with dismissed employees were violated in 66 cases, at LLC "UIFK-Volyn" - in 26 cases, at LLC "Hotel Yahodyn" - in 14 cases. Similar violations were detected in Lutsk district (LLC "Olvid-bud", CJSC agro-firm "Svitanok", OJSC "Lutsk Auto Repair Plant", OJSC "Lutsk Raiagropostach"), Horokhiv district (OJSC "Horokhivagrotekhservis", OJSC "Horokhivska Rodiuchist", Senkevychivske ST), Kivertsi district (SGVK "Nadiia"), and other districts. These violations were eliminated only after prosecutorial response. In addition, officials of a number of enterprises, contrary to Art. Art. 33, 34 of the Law of Ukraine "On Remuneration of Labor", the Regulation on the procedure for compensation to employees for the loss of part of wages in connection with the violation of the terms of its payment, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1427 of 20.12.1997 and No. 159 of 21.02.2001, do not calculate the amounts of such compensation. The specified violations were detected in Horokhiv district (OJSC "Horokhivagrotekhservis", OJSC "Horokhivska Rodiuchist", POSP AF "Lan"), Lutsk district (LLC "Elit", "Lypyny-ahro"), Rozhyshche district (SVK "Zlahoda", KP "Kooperatyv") and the city of Lutsk (LLC "Elektro-liuks"). Based on the results of the inspections, disciplinary and administrative proceedings were initiated against officials of the specified enterprises. There are violations of the requirements of Art. 95 of the Labor Code of Ukraine, Art. Art. 3, 10 of the Law of Ukraine "On Remuneration of Labor", Art. 1 of the Law of Ukraine "On Establishing the Minimum Wage for 2003", Art. 89 of the Law of Ukraine "On the State Budget of Ukraine for 2004", which established the minimum wage from 1.01.2004 in the amount of 205 hryvnias. Thus, in December 2003, the owner of PE "UMB Export" of Manevychi district did not ensure the payment of the minimum wage to the employees of the enterprise in proportion to the time worked. Similar violations were committed by officials of OJSC "Horokhivagrotekhservis", CJSC "Piddubtsi", LLC "Lypyny-ahro", OJSC "Lutsk Raiagropostach" of Lutsk district, SVK "Zoria", SVK "Kolos", GVP "Polissia" of Stara Vyzhivka district, SVK "Zlahoda", KP "Kooperator", KKP "Rytm" of Rozhyshche district. Based on the results of the inspections, prosecutors filed response documents and initiated proceedings on administrative offenses under Art. 41 part 1 of the Code of Ukraine on Administrative Offenses. Some employers do not comply with the requirements of Art. 12 of the Law of Ukraine "On Remuneration of Labor" and Art. Art. 106-108, 111-113, 120-124 of the Labor Code of Ukraine regarding norms and guarantees of payment for work during overtime, on holidays, non-working days, weekends, at night and payment of annual leave. As an example, in violation of the requirements of Art. 106 of the Labor Code of Ukraine, at POSP AF "Lan" of Horokhiv district, payment for overtime work in August 2003 was not made to four employees and in December - to six. In addition, in violation of Art. Art. 107, 108 of the Labor Code of Ukraine, at this enterprise wages were not calculated at an increased rate for night work and at double the rate - on holidays. To a number of employees of the enterprise, in violation of Art. 11 of the Law of Ukraine "On Leave", annual leave of full duration was not granted for two consecutive years. Based on the results of the inspection, the district prosecutor issued resolutions on initiating proceedings on administrative offenses under Art. 41 part 1 of the Code of Ukraine on Administrative Offenses against the head of the specified enterprise, as well as against the chairman of OJSC "Horokhivska Rodiuchist", where similar violations were detected. Violations of the same nature were detected by the prosecutor's offices of Manevychi and Lutsk districts. In order to restore the violated right of citizens to remuneration of labor and protect this right, the prosecutor's offices of the region also used civil-law means. Thus, during the 5 months of the current year, intercity-district prosecutors, in the interests of working citizens who for valid reasons are unable to protect their violated rights or independently exercise procedural powers, filed 13 lawsuits for the recovery of wage arrears and settlement funds. Of this number, the courts considered and satisfied 12 lawsuits for a total amount of 11.1 thousand hryvnias. The amount of actual execution of court decisions issued on these lawsuits is 0.9 thousand hryvnias. During the above-mentioned period, prosecutors of Manevychi (3 lawsuits), Ivanychi, Lutsk (2 lawsuits each), Rozhyshche, Stara Vyzhivka, Turiisk districts, as well as the Kovel interdistrict prosecutor and prosecutors of the cities of Lutsk and Novovolynsk applied to court with lawsuits of this category. The defendants in the cases on these lawsuits were, as a rule, business entities of various forms of ownership (joint-stock companies, state, collective and private enterprises), the plaintiffs - low-income persons who, due to their difficult financial situation, are unable to use the services of a lawyer, and persons belonging to categories of citizens who need increased social protection. Thus, in February, the prosecutor of the city of Lutsk filed a lawsuit against the collective enterprise ZhKK for the recovery in favor of Korenchuk M.V. of 2817.98 hryvnias, including 1960.65 hryvnias of wage arrears, which the plaintiff had not received for a long time. Korenchuk M.V. could not protect her right independently, since she is low-income and, in addition, is on leave to care for a child. Having considered the lawsuit, the Lutsk city-district court satisfied it in full, recovering in favor of the plaintiff 1960.65 hryvnias of wages, as well as 320 hryvnias of one-time assistance at the birth of a child and 537 hryvnias of arrears in the payment of assistance for child care until the child reaches the age of three. The prosecutor's office of the city of Novovolynsk conducted an inspection based on the application of Kochmar S.O., who, as established by the inspection, after working as a mining worker at the "Buzhanska" mine and leaving work on 11.07.2000 in connection with retirement, did not receive until May of the current year the wages due to him for the period from August 1997 to November 2000 in the amount of 2539.14 hryvnias. Since the out-of-court measures of prosecutorial response taken to eliminate the detected violation of the law did not yield a positive result, the prosecutor applied to court with a lawsuit to protect the interests of the applicant. Based on the results of the consideration of the lawsuit, the debt was recovered from the defendant in favor of Kochmar S.O. in full. As a rule, intercity-district prosecutors conduct inspections on compliance with legislation on remuneration of labor with the involvement of state inspectors of the Territorial State Labor Inspectorate in the Volyn region. As a result of the measures taken by prosecutors, as well as state inspectors on the ground, it was possible to achieve a reduction in wage arrears at the beginning of this year by 8.5 million hryvnias, or by 32.1%, and as of 01.06.04 - by 3.1 million hryvnias. However, this problem remains and has a negative impact on the formation of civilized social and labor relations. It should be noted that the work of some prosecutors regarding the effectiveness of supervision over compliance with laws aimed at protecting the socio-economic rights of man and citizen, primarily regarding the realization of the right to work and its remuneration, also needs significant improvement. In view of this, the regional prosecutor Andrii Hil obligated all prosecutors to take all necessary measures regarding the payment of wage arrears by all debtors, and especially debtor enterprises with the largest arrears.