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.<\/p>\n
Main Arguments of the Court:<\/p>\n
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.<\/p>\n
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.<\/p>\n
3. The decision of local authorities can be challenged, even if it is considered executed, as the person believes their rights have been violated.<\/p>\n
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.<\/p>\n