The Supreme Court, as part of the panel of judges of the Administrative Court of Cassation, put an end to the court proceedings regarding the affiliation of Dublyan to the Lviv community. The decision is final and cannot be appealed. The court adopted the relevant resolution on Wednesday, October 19. This was announced by Lviv’s deputy mayor for urban planning, Lyubomyr Zubach.
“Dublyany is Lviv MTG. We have a cassation decision. On October 19, a decision was made. In short: the cassation appeals of the Cabinet of Ministers and the Lviv Regional State Administration should be upheld, and the decision of the District Administrative Court of Kyiv dated September 22, 2021 and the decision of the Sixth Administrative Court of Appeal dated December 7, 2021 should be annulled. So, officially and irrevocably: Dublyany is part of the Lviv community,” Lyubomyr Zubach, deputy mayor for urban planning, announced on his Facebook page.
We will remind you that in September 2021, the District Administrative Court of the city of Kyiv decided to exclude Dublyan from the composition of the Lviv community based on the lawsuit of a resident of Dublyan.
At that time, Lubomyr Zubach called this court decision “rather dubious” and noted that there are no mechanisms for its implementation. He explained that the court refers to the law on the voluntary association of communities, but in fact both the Lviv community and other communities were created in accordance with a different legal framework. “These were amendments to the Law of Ukraine “On Local Self-Government”, which delegated to the Cabinet of Ministers the right to approve administrative centers and boundaries of communities. That is, it was done, and it has nothing to do with voluntary association. And the court refers to this old law,” Lubomyr Zubach noted at the time.
Therefore, this decision was challenged in the court of appeal. However, on December 7, the Sixth Appeal Administrative Court considered the appeals of the Cabinet of Ministers and the Lviv Regional State Administration and dismissed them. Now we have the cassation decision, which is final in this judicial history regarding Dublyan.