1. The subject of the dispute is the legality of the actions and decisions of state bodies regarding the registration of amendments to the charter of a religious organization.
2. The court of cassation overturned the decisions of the courts of previous instances, emphasizing that the registration of the charter of a religious organization is a public-authority administrative function, and the dispute concerns the legality of the actions of a subject of power in the context of an administrative procedure, and not internal corporate relations of the religious community. The court indicated that the order on the registration of amendments to the charter is an administrative act, since it was issued by an official of a state authority and concerns the rights and obligations of the religious community. The court also noted that the Law of Ukraine “On Administrative Procedure” enshrined an approach according to which the interaction of a person with a subject of power is an administrative procedure, and the corresponding decisions are administrative acts. The court emphasized that a violation by a government body of the norms of administrative procedure is a basis for appealing an administrative act in an administrative court. The court departed from previous conclusions made before the adoption of the Law of Ukraine “On Administrative Procedure”.
3. The court of cassation overturned the decisions of the courts of previous instances and sent the case for continued consideration to the court of first instance.
