1. The subject of the dispute is the recognition as illegal of the act of inspection of the technical condition of the apartment and the order of the local government regarding the elimination of unauthorized redevelopment.
2. The court of cassation established that the dispute regarding the order of the Halych District Administration of the Lviv City Council is of a public law nature, since it arose in connection with the administration’s exercise of its владні (властных) powers in the field of control over improvement and urban planning, and therefore is subject to consideration in the procedure of administrative proceedings. At the same time, the act of inspection of the technical condition of the apartment, drawn up by LKP “Staryi Lviv”, is not a decision of a subject of владних повноважень (властных полномочий), but only records the actual condition of the object, therefore it is not subject to appeal in court as a separate claim. The court noted that the appellate court mistakenly decided that the claim for cancellation of the inspection act is subject to consideration in the administrative court, since this act does not create any rights and obligations for the parties, but is only evidence that can be evaluated by the court when resolving another dispute. The court refers to the постанову (resolution) of the Grand Chamber of the Supreme Court of February 06, 2019 in case No. 522/12901/17-ц and notes that a dispute that is not subject to consideration in the procedure of civil proceedings should be interpreted more broadly, including disputes that are not subject to judicial review at all.
3. The Supreme Court partially satisfied the cassation appeal, changing the reasoning part of the appellate court’s постанову (resolution).
