2021-UNAT-1093

2021-UNAT-1093, Leonid Dolgopolov

UNAT Held or UNDT Pronouncements

UNAT held that UNDT’s finding that the challenge to the decision by the Secretary-General not to waive Mr Dolgopolov’s immunity was not receivable on the ground that it was an executive/political decision is incorrect. UNAT held, however, that UNDT was correct in finding Mr Dolgopolov’s applications not receivable, but for other reasons. UNAT held that Mr Dolgopolov’s applications were not receivable, because he did not refer the impugned decision regarding his request to sue the Ukrainian Ambassador to management evaluation, and the decision in respect of G-4 visa restrictions imposed by the Government of the United States was without direct legal impact on his contract of employment.

Decision Contested or Judgment Appealed

i) Decision to not waive Mr. Dolgopolov’s functional immunity for the purposes of taking legal action against the Ukrainian Ambassador and Ukrinform, and the rejection of his request to receive compensation for the loss of opportunity to take such legal action for alleged moral harm; ii) the decision to not waive his functional immunity for the purposes of taking legal action against the Government of the United States regarding restrictions placed by that Government on G-4 visa holders who are Russian nationals, and the rejection of his request to be compensated for allegedly suffering from such restrictions and for allegedly moral harm.

Legal Principle(s)

UNAT’s decision in Kozul-Wright is not applicable to the facts of the case, because here Mr Dogolpolov is not raising functional immunity to escape personal liability on the basis of his status as a United Nations official. He is seeking to vindicate his rights in a local court, for which he does not need the permission of the Secretary-General. The appeal against the decision to prohibit Mr Dogolpolov from suing the Government of the United States regarding G-4 visa restrictions imposed on Russian nationals working for the United Nations in New York is not receivable because it was without direct legal impact on his contract of employment.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. UNDT/2020/113 affirmed.

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Full Judgment

Applicants/ Appellants

Leonid Dolgopolov

Entity

Case Number(s)

2020-1412

Tribunal

UNAT

Registry Location :

New York

Date of Judgment