1. The subject of the dispute is the appeal of the Kremenchuk City Council’s decision to change the form of organization of the educational process in Gymnasium No. 29, in particular, the transfer of education to another premises.
2. The court of cassation instance established that the appellate court did not fully investigate the circumstances of the case, in particular, did not clarify the validity of the SESU’s conclusions regarding fire safety in the gymnasium, did not take into account the powers of the city council to ensure a safe educational environment under martial law, and also did not properly assess whether the violations of the decision-making procedure were significant and whether they led to a violation of the plaintiff’s rights. In addition, the court did not substantiate how the disputed decision violates the child’s right to education, and whether education in another premises ensures the continuity of education. The court also emphasized that formal procedural violations without consequences for the plaintiff’s rights are not grounds for recognizing the act as illegal, emphasizing the need to ensure a balance between public and private interests.
3. The Supreme Court overturned the appellate court’s decision and sent the case for a new trial to the appellate instance.
