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    Case No. 320/3378/23 dated 26/02/2025

    Here is the translation:

    1. Subject of Dispute: The Prosecutor’s Office attempted to compel the Education Department of the Irpin City Council through court to bring the civil protection shelter into proper condition.

    2. Key Court Arguments:
    – A prosecutor can represent state interests in court only if the authority does not exercise or improperly exercises interest protection
    – The State Emergency Service (SES) does not have direct legislative powers to independently file lawsuits regarding bringing protective structures into proper condition
    – Legislative changes did not provide the SES with a clear right to judicial appeal

    3. Court Decision: To leave the prosecutor’s cassation complaint unsatisfied, previous court decisions unchanged.

    Note: The court deviated from the previous legal position of the Grand Chamber of the Supreme Court from 2019 regarding the possibility of prosecutorial representation in SES cases.

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