Subject of the Dispute: Challenging the Illegality of Actions by the Department of Urban Development and Land Relations of the Zhytomyr City Council in Reviewing a Land Plot Allocation Petition and Compensation for Moral Damage.
Main Court Arguments: The Court established that the dispute has a public law nature, as it concerns the actions of a local self-government body when reviewing a land petition. The Supreme Court supported the appellate court’s position that such claims are subject to consideration under administrative court proceedings, since the respondent exercises public management functions. The Court referred to previous legal positions of the Grand Chamber of the Supreme Court regarding the jurisdiction of similar disputes.
Court Decision: The Supreme Court left the cassation appeal unsatisfied, confirming the correctness of the conclusions of previous judicial instances regarding the administrative jurisdiction of the dispute.
