Subject of the Dispute: The prosecutor filed a lawsuit demanding that the housing and communal services enterprise “Donetske” bring the anti-radiation shelter No. 76002 into proper technical condition.
Main Arguments of the Court: The Supreme Court established that the State Emergency Service (SES) body does not have an independent right to file a lawsuit with such requirements, as current legislation does not empower it to file claims about bringing protective structures to readiness. The court emphasized the subsidiary role of the prosecutor in protecting state interests and pointed out that the prosecutor cannot replace the authority capable of independently protecting state interests.
Court Decision: The Supreme Court left the prosecutor’s cassation appeal unsatisfied and supported the appellate court’s decision to leave the claim without consideration.
