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Case No. 420/28679/23 dated 24/02/2025

Here is the translation:

1. Subject of Dispute: Prosecutor’s claim to compel the owner to restore a destroyed local architectural monument in Odesa.

2. Key Court Arguments:
– The Law of Ukraine “On Protection of Cultural Heritage” clearly defines that the cultural heritage protection authority has the right only to file a claim for the purchase of the monument, but not for its restoration
– The Department of Culture is not empowered to file such a lawsuit
– The Court deviates from previous practice, which allowed a broader interpretation of government authorities’ powers
– The prosecutor cannot represent state interests due to the absence of clear legislative grounds

3. Court Decision: Terminate the proceedings, as the dispute cannot be considered within the administrative court procedure.

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