Subject of Dispute: A Military Serviceman Challenges the Decision of the Ministry of Defense Commission Regarding Refusal to Provide a Service Apartment for Permanent Residence.
Main Arguments of the Court:
The Supreme Court considers that a jurisdictional conflict arose between administrative and civil proceedings in this case. Previous court decisions violated the plaintiff’s right of access to court, as they made it impossible to consider his claim. The court was guided by the practice of the European Court of Human Rights, which emphasizes the inadmissibility of such conflicts that deprive a person of effective judicial protection.
Court Decision: To cancel the ruling of the appellate court and refer the case for a new review to the appellate court.
