Subject of Dispute: The Prosecutor challenges the minutes of the meeting of the State Commission of Ukraine on Mineral Reserves and the special permit for subsoil use issued to LLC “Zemlia Invest”.
Main Arguments of the Court: The Supreme Court considers that a change in judicial practice regarding the prosecutor’s powers is not a valid reason for reinstating a missed deadline for court appeal. The court emphasized that the prosecutor had sufficient time to apply to the court after the resolution of November 29, 2022, which changed the previous practice, but did not do so in a timely manner. The panel of judges underscored that the right to court appeal is not absolute and can be limited by established procedural deadlines.
Court Decision: The Supreme Court left the prosecutor’s cassation complaint unsatisfied, supporting the decisions of previous instances to leave the claim without consideration due to the missed appeal deadline.
