Subject of the Dispute: Establishing the Fact of Studying at the Kyiv Military Lyceum named after Ivan Bohun as a Fact of Military Service in the Armed Forces of Ukraine. The court was guided by the fact that cases for establishing legal facts can be considered in two procedures – non-judicial and judicial. In this regard, the Grand Chamber of the Supreme Court deviated from previous practice and clarified that if a fact is established through a non-judicial procedure, it can be challenged in an administrative court, and if through a judicial procedure, the case is considered under the rules of civil proceedings. Since the plaintiff immediately applied to the court to establish the fact, without first attempting to resolve the issue through a non-judicial procedure, such a case cannot be considered under administrative court proceedings.
The court refused to open proceedings in the administrative case, as the dispute does not fall under administrative court jurisdiction.
