Subject of Dispute: Challenging the Order of the Prosecutor General dated 30.04.2021 No. 136 on Declaring Invalid Orders Regarding the Creation of Staffing Commissions for Prosecutor Selection.
Main Arguments of the Court:
1. The time limit for filing a lawsuit was correctly calculated from 20.10.2021, when the plaintiff became aware of the content of the order.
2. The circumstances of martial law and military actions are not an automatic basis for reinstating the procedural time limit.
3. The court for the first time drew attention that the conclusions of previous courts about the non-validity of reasons for missing the time limit are premature and require additional assessment.
Court Decision: To cancel previous court decisions and refer the case for a new review to the court of first instance for a detailed assessment of the circumstances of missing the time limit.
