1. The subject of the dispute is the recognition of the unlawful inaction of the State Institution “Probation Center” regarding the failure to accrue and pay the plaintiff an additional remuneration in the amount of UAH 30,000 per month for the period from February 24, 2022, to June 01, 2022, stipulated by the Resolution of the Cabinet of Ministers of Ukraine.
2. The Supreme Court overturned the ruling of the appellate court, which returned the appeal to the Ministry of Justice of Ukraine, citing that the person who signed the appeal did not have sufficient authority for self-representation, as their authority was limited in the extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations. The court of cassation emphasized that the limitation of authority in the Unified State Register does not disprove the possibility of a person acting in the order of self-representation on behalf of a legal entity. The court noted that to confirm the authority for self-representation, documents defined by Article 55 of the Code of Administrative Procedure of Ukraine are sufficient, and the court does not have the right to demand additional documents if the submitted documents allow establishing the type of participation in the court proceedings and the authority of the person. The court also took into account the position of the Grand Chamber of the Supreme Court that the return of applications when there is an opportunity to verify the authority of the person endangers the tasks of administrative justice.
3. The court of cassation overturned the ruling of the appellate court on the return of the appeal.
: The court deviated from the previous position of the Supreme Court, as stated in the ruling of December 11, 2023, in case No. 200/658/21-a and in other cases, which stated that the restriction in the Unified State Register of certain powers of a person acting on behalf of a legal entity excludes the possibility of their self-representation.
