Subject of Dispute: Declaring Unlawful and Cancelling the Decision of the Executive Committee of Svitlovodsk City Council on Permission for Apartment Reequipment and Installation of Individual Heating.
Main Arguments of the Court:
1. The court noted that the provisions of Procedure No. 169 do not prohibit disconnecting apartments from centralized heating, but establish limitations – allowing this only if more than half of the premises in the building are already disconnected.
2. Previous courts did not fully and comprehensively investigate the circumstances of the case, in particular, did not establish whether more than 50% of premises in the buildings specified in the decision were actually disconnected from centralized heating.
3. The decision of local authorities can be challenged, even if it is considered executed, as the person believes their rights have been violated.
Court Decision: Cancel the decisions of previous court instances and refer the case for a new hearing for a complete and comprehensive investigation of the circumstances.
