Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter in Odesa.
Main Arguments of the Court:
The Supreme Court established that the prosecutor does not have the right to file a lawsuit on behalf of the Main Directorate of the State Emergency Service and the Odesa Regional Military Administration, because:
1. These bodies do not have an independent right to apply to court with such claims.
2. Legislation does not provide for powers of the State Emergency Service and military administration to file lawsuits about bringing protective structures to readiness.
3. The prosecutor can represent the interests of the state only in case of impossibility of protecting the interests by the authority, but in this case, such impossibility has not been established.
Court Decision: Leave the administrative claim without consideration, canceling previous court decisions.
