Subject of Dispute: Challenging the Decisions of the Political Party “Civic Position” on Recalling a Deputy of the Ivano-Frankivsk United Territorial Community.
Main Arguments of the Court:
1. The decision of the local party organization’s conference on proposing the recall of a deputy is an internal organizational matter and cannot be challenged in an administrative court.
2. The decision of the party’s highest governing body on recalling a deputy affects the composition of the local self-government body and therefore can be challenged in an administrative procedure.
3. The court verifies compliance with the procedure for making the recall decision but does not interfere with the discretionary powers of the party leadership.
Court Decision: Partially satisfy the cassation appeal, cancel the decisions of lower courts regarding the protocol of the Party Coordination Council, and refer the case for a new review.
