Here is the translation:
1. Subject of Dispute: The prosecutor attempted to challenge the inaction of a municipal enterprise regarding improper maintenance of a civil protection shelter.
2. Main Arguments of the Court:
– The State Emergency Service (DSNS) and local district state administration do not have direct legislative right to independently file such lawsuits
– The prosecutor can represent state interests only in exceptional cases where authorized bodies cannot protect their interests
– The Civil Protection Code of Ukraine does not provide direct powers to DSNS and district state administrations to challenge the condition of protective structures
3. Court Decision: Return the prosecutor’s statement of claim due to the absence of grounds for representing state interests.
Note: The court essentially deviated from previous judicial practice, which allowed a broader interpretation of the prosecutor’s powers in such cases.
