The court of first instance, agreed with the position of appeal court, refusing to open the proceeding on the basis of clause 1, part 1, article 170 of the CAO of Ukraine, noting that this case should be dealt under the rules of criminal justice.

Then the plaintiff appealed to the cassation instance, noting that the nature of this dispute is public-law, since the procedure for appealing decisions, actions and inactivity of the prosecutor is not established by the Criminal Procedure Code.

After considering the complaint, the Grand Chamber of the Supreme Court concluded that in the controversial legal relations the plaintiff was a participant in the criminal proceedings, and the defendant performed the functions entrusted to him by the CPC of Ukraine, so the Deputy Prosecutor General did not perform administrative functions, but exercised professional powers within the framework of criminal proceedings.

Taking into account this and the subject matter of the parties to the case, the Grand Chamber of the Supreme Court concluded that this dispute does not fall within the jurisdiction of administrative courts, and therefore the court's findings on the need to consider the case in the criminal justice procedure is justified (decision of the GCh of the SC of 10.04.2019 in the case № 808/390/18) .

It should be noted that a similar conclusion was made by the Grand Chamber in the ruling of 21.11.2018 in the case № 826/2004/18, according to which prosecutors do not carry out public-management functions during the commission of actions related to pre-trial investigation of crimes, therefore the appeal of such actions should take place exclusively according to the rules established by the CPC of Ukraine.