1. The subject of the dispute is the recognition as invalid of the order of the Ministry of Justice of Ukraine on the cancellation of the decision on the state registration of the right of ownership of the church by the Limited Liability Company “Center for Spiritual Development” (LLC).
2. The court of cassation instance, when considering the case, took into account the conclusions of the Grand Chamber of the Supreme Court regarding the subject composition of the parties in disputes regarding the cancellation of orders of the Ministry of Justice of Ukraine, noting that in such disputes it is necessary to take into account the legal nature of the legal relations. Since the dispute arose regarding property rights to the church, and the parties are the LLC, which considers the cancellation of the ownership right unfounded, and the Religious Organization, which initiated the cancellation, claiming its rights to the church and land, the court concluded that the Religious Organization should also be a defendant in the case. The court noted that filing a claim only against an improper defendant (the Ministry of Justice) is grounds for refusing the claim. The court also indicated that the courts of previous instances mistakenly focused on evaluating the plaintiff’s arguments regarding violations committed by the Ministry of Justice, instead of properly determining the defendants. The court departed from previous conclusions that in similar disputes, the only defendant can be the Ministry of Justice.
3. The Supreme Court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged, changing only the reasoning part of the decisions.
