Regarding: Legitimacy of a governmental entity's reversal of its previous decision
Partners: Irina Pustovitenko, Dmitriy Titarenko
Court: High Commercial Court of Ukraine
Date: December, 2008
Commentary:
A complicated issue was disputed in the subject case, whether the governmental entity can reverse its own decision. In the subject decree, the Supreme Court of Ukraine concluded that reversion is possible if the governmental entity reconsiders its decision based on the claim brought by the prosecutor and after reconsideration concludes that the claim must be satisfied.
The Plaintiff was concurrently appealing two decisions of the local government. The Decree of the Supreme Court has an interesting procedural aspect: In essence, it divides decisions of the lower courts into two parts: the Supreme Court affirmed the court decision, but reversed and remanded the second decision.
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