1. The subject of the dispute in this case is the appeal of decisions of the Dnipro City Council regarding the appointment of managers of apartment buildings, adopted based on the results of the competition.
2. The court of cassation instance, overturning the decisions of the previous instances, was guided by the fact that the order of the Department of Housing of the Dnipro City Council on the approval of the tender documentation is a regulatory act, since it establishes requirements for business entities participating in the competition and determines the procedure for its conduct. The court emphasized that such an order should have been adopted in compliance with the regulatory procedure provided by the Law of Ukraine “On the Principles of State Regulatory Policy in the Sphere of Economic Activity,” in particular, by publishing a draft act to receive comments and suggestions. Since this procedure was not followed, the court declared the order unlawful. Also, the court noted that the decisions of the competition committee and the executive committee of the city council on the appointment of managers are derived from the illegal order, and therefore are also subject to cancellation. **:** The court noted that it does not deviate from the legal position regarding similar legal acts, as stated by the Supreme Court in previous rulings.
3. The court ruled to partially satisfy the cassation appeal, overturning the decisions of the previous instances and recognizing as unlawful and canceling the order of the Department of Housing and the decision of the Executive Committee of the Dnipro City Council.
