However, the courts of the first and appellate instances closed the proceeding on the ground that the impugned acts are not acts of individual action of the subject of authority, and therefore the case is subject to review in civil proceeding.
Similarly, in deciding to refuse to comply with the complainant's claims, the Grand Chamber of the Supreme Court noted that, in disregarding the issue of recognition of an industrial accident, the plaintiff aims to resolve a private-law dispute regarding the establishment of a particular legal fact, which is not connected with the requirement to solve a public legal dispute.
In addition, in the opinion of the court, the special commission did not exercise the power of government, and investigated an accident at work, which was the relevant acts that are not decisions of the authority, and therefore can not be subject to appeal in the administrative court.
Therefore, the courts of the previous instances came to the right conclusion that the proceedings were closed in the administrative case on the basis of clause 1 part 1 of Art. 238 KAS of Ukraine (Decree of the Supreme Court dated January 30, 2019 in case No. 805/1930/18-а).
It should be noted that a similar conclusion is also contained in the ruling of the Grand Chamber of the Supreme Court of December 12, 2018, in the case No. 2a-2555/11/2670.
