Subject of Dispute: Recognition of the Illegal Inaction of the Ladansk Village Council Regarding the Failure to Bring Radiation Shelter No. 94139 into Proper Condition.
Main Arguments of the Court:
1. The prosecutor did not prove the existence of special legislative grounds for filing a lawsuit, neither for the Main Directorate of the State Emergency Service nor for the district state administration.
2. Legislation does not provide for the right of the State Emergency Service and local state administrations to independently file lawsuits for bringing protective structures to readiness.
3. The prosecutor did not cite specific legal norms that would grant the plaintiffs he identified the right to such a lawsuit.
Court Decision: To leave the resolution of the appellate administrative court unchanged, modifying its reasoning part.
Note: The court deviated from previous judicial practice, in particular from the decision in case No. 820/4717/16, explaining this by differences in circumstances and legislation.
