Article 189. Court Decision in a Case on Appealing a Decision, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials

A decision on a case on appealing decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials shall be adopted by a court according to the rules established in chapter 19 of this Code.

The court, having established that the appealed decision or its individual parts or actions (inaction) contradict the legislation and violate the rights and interests of the applicant protected by law, shall adopt a decision to recognize the contested decision or its individual parts as invalid or actions (inaction) as illegal.

If the court establishes that the appealed decision or its individual parts or actions (inaction) comply with the legislation and do not violate the rights and interests of the applicant protected by law, it shall adopt a decision to refuse to satisfy the stated claim.

The resume part of the decision to satisfy the application for invalidating the decision, illegal actions (inaction) must indicate:

1) name of the body (official) that adopted the appealed decision or committed the action (inaction), name, number, date of the adoption of decision, date and the place where the contested actions (inaction) were committed;

2) recognition of the contested decision in whole or in part as invalid or actions (inaction) as illegal;

3) distribution of court costs.

If the decision is recognized as invalid, the actions (inaction) as illegal, the court shall oblige the relevant body or official:

to adopt a decision or perform certain actions in accordance with the law or otherwise eliminate the violations of the applicant's rights, freedoms and legitimate interests;

eliminate the violations and report the execution of the decision to the court and to the applicant within one month from the date of entry into force of the court decision, unless another period is established by the court.

The decision of the court, adopted based on the results of the consideration of the case, shall enter into legal force after one month from the date of its adoption, unless it is appealed (protested) on appeal instance.