The court was guided by the fact that at the time of filing the lawsuit in 2014-2015, the then-current Law of Ukraine “On Prosecution” did not contain prohibitions or restrictions on a prosecutor representing the state’s interests through state institutions, including environmental protection agencies. The prosecutor had the right to independently determine what constituted a violation of state interests and substantiate the necessity of their protection. The Grand Chamber of the Supreme Court in 2024 confirmed the possibility of such representation.
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