Subject of Dispute: Challenging the Decisions of the Political Party “Nash Krai” on Recalling a Local Council Deputy through a Popular Initiative.
Main Arguments of the Court:
1. The decision of the local party organization’s meeting on proposing the recall of a deputy has a recommendatory nature and relates to the internal organizational activities of the party, and therefore cannot be a subject of judicial review.
2. The decision of the party’s highest governing body on recalling a deputy can be challenged in an administrative court, as it is related to the formation of the local self-government body.
3. Due to jurisdictional conflict and the impossibility of considering the case in an administrative court, the court allowed part of the claim to be considered under civil proceedings to ensure the plaintiff’s right of access to justice.
Court Decision: Partially satisfy the cassation appeal – cancel the decision of the appellate court regarding the challenge of the local party organization’s decision and leave unchanged the decision on the possibility of reviewing the challenge to the party congress’s decision.
