Subject of Dispute: Challenging the Decisions of the Hirske Village Council on Approving the General Plan of Hirske Village and Including Farmyard Lands within the Boundaries of the Settlement.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly examined the case, as they did not adhere to the special procedure for reviewing cases challenging normative legal acts, as provided for in Article 264 of the Administrative Procedure Code of Ukraine. In particular, no announcement about the court hearing was published, which could deprive other interested parties of the right to participate in the case. The courts also formally approached the examination of evidence and arguments of the plaintiff regarding violations in the procedure of adopting the general plan.
Court Decision: To cancel the decisions of the courts of previous instances and refer the case for a new review to the court of first instance, observing the procedure established by law for reviewing cases challenging normative legal acts.
