Subject of the Dispute: A person challenges the actions of the Department of Urban Planning and Land Relations of the Zhytomyr City Council when reviewing their application dated February 10, 2022.
Main Arguments of the Court: The Supreme Court confirmed that this dispute is a public law matter and should be considered through administrative proceedings, as it concerns challenging the actions of a local self-government body while exercising its authoritative management functions. The court noted that the plaintiff is challenging the procedure for reviewing their application, rather than entering into private legal relations, and therefore the case is subject to consideration in an administrative court.
Court Decision: The Supreme Court upheld the decisions of previous instances refusing to open proceedings in civil order and clarified that the case should be considered in an administrative court.
