The Grand Chamber Determined the Jurisdiction of Disputes as for the State Registration of Housing Cooperatives

A complainant applied to court with a claim on the recognition as invalid and the cancellation of state registration of a housing cooperative referring to the fact that actions of a registrar had not corresponded to legal requirements – the claim on the state registration of the housing cooperative had been admitted from a third, unauthorized person, with incomplete data and data, which had been controversial to legal requirements.

While solving the issue on jurisdictional affiliation of the noted category of cases, the Grand Chamber of the Supreme Court remarked that extension of jurisdiction of administrative courts to a particular dispute was incorrect only because a defendant in a case was a subject of state authority, and the subject of consideration was represented by an act of individual action issued by it. The essence (contents, nature) of a dispute is the defining feature of a case of administrative jurisdiction.

Therefore, while determining the jurisdiction of a case, courts shall proceed from the essence of right/interest, to get the protection of which one the subject of public law applies to court, and the aim of submitting the claim.

The SC Grand Chamber stated that the dispute on the cancellation of the state registration of a housing company was not a dispute in the sphere of public and legal relations, even if it had appeared due to illegal making an entry about holding state registration of a legal entity into the register by a subject of public authority.

At the same time, the noted dispute does not appear from civil, land, labour, family, housing and other legal relations or due to carrying out business activity. In return, this entails an abstract possibility to participate in specific legal relations.

Procedural law does not determine the jurisdictional affiliation of such a dispute. However, in the resolution of 20 September 2018 in the case No. 813/6286/15 the Grand Chamber of the Supreme Court remarked that similar disputes were best approximated to disputes connected with the activity or the termination of activity of a legal entity.

Thus, this dispute shall be solved under the rules of commercial judicial proceedings irrespectively on the subjective composition, under the location of a legal entity.

Follow the link http://www.reyestr.court.gov.ua/Review/80224650, to see full text of the resolution of the SC Grand Chamber of 6 February 2019 No. 462/2646/17 (proceedings No. 11-1272апп18).