Such a legal opinion was made by the GCh on January 31, 2019 у справі № 755/10947/17.

In the said case, the dispute arose as to the violation of the claimant's right to own the apartment due to the actions of the bank and a private notary for the registration of such a right by the bank.

The courts of the previous instances, in resolving the case not in favor of the plaintiff, referred to the legal positions set forth in the decisions of April 04, 2018 in case number 826/9928/15, as well as from May 16, 2018 in case number 826/4460/17 on affiliation to the jurisdiction of administrative courts for disputes on claims of persons who were not applicants for registration actions for the abolition of decisions or records of a state registrar in the state register regarding the state registration of real rights to immovable property and their encumbrances.

However, the Grand Chamber of the Supreme Court noted that these references are unfounded, since in its ruling of September 04, 2018 in the case No. 823/2042/16 the Grand Chamber of the Supreme Court has already resigned, in particular, from the conclusions set forth in the said decrees. And in the opinion of the Grand Chamber, this dispute should be considered in the order of civil proceedings.

Thus, the Grand Chamber of the Supreme Court departs from the legal conclusions set forth in the decisions of the Supreme Court of Ukraine dated April 25, 2017 in the case No. 21-3197а16 and the Grand Chamber of the Supreme Court of March 14, 2018, in case No. 619/2019/17, that in the cases of appeals against decisions on the state registration of rights and their encumbrances by which the state registration of the right of private property to property has been carried out on the basis of mortgage agreements, the dispute on the right is absent, and the investigation is subject exclusively to power, management decisions and actions of the state registrar which, within the limits of the controversial legal relationship, acts as a subject of authority, therefore the dispute is public-law and does not belong to the jurisdiction of administrative courts, since this category of cases relates to disputes concerning the right to the subject of a mortgage, that is, civil law, and therefore must be considered by the commercial courts or civil courts, depending on the subject matter of the parties to the dispute.