Article 188. Special Considerations with Regard to Court Proceedings in Cases of Appeal against Decisions, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials

The case of an appeal against decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials shall be considered with the participation of representatives of the body or an official who adopted the contested decision or committed the contested actions (inaction). However, the failure to appear of these persons, duly notified of the time and place of the court session, shall not be an obstacle to the consideration of the case.

The court may recognize the appearance at the court session of representatives of the administrative body, the self-government body of citizens, and the official who adopted the appealed decision or committed the appealed actions (inaction) as mandatory, and summon them to the court session to give explanations.

When considering a case on appealing decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials, the court shall verify the legality of the contested decision or its individual parts, actions (inaction), the powers of the body or official who adopted the contested decision or committed the contested actions ( inaction), and shall also establish whether the appealed decision or its individual parts or actions (inaction) violate the rights and legally protected interests of the applicant.