Appealing against unlawful actions of authorities in Kiev
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What we offer
- Provide the Client with legal advice on the prospects of appealing against decisions, actions or inactions of state supervision (control) bodies, on the possibility to recover damages, including moral damages.
- Prepare appeal letters (claims) to be submitted to the higher authorities of the system of state supervision (control) bodies or law enforcement agencies, as well as to the police and prosecutors.
- Submit appeal letters (claims) to the higher bodies on behalf of the Client - if he/she doesn’t want to go to the state supervision (control) body.
- Develop all the necessary procedural documents to be submitted to the court.
- Ensure the presence of a lawyer during the court proceedings (under a power of attorney or attorney’s authorization).
- Provide legal assistance and support of the procedure for satisfying judgement.
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Pravova Dopomoga Law Firm provides assistance in appealing the actions (inactions) and decisions of the regulatory, law enforcement and state supervision (control) bodies.
There are two types of appeals:
- Administrative appeal means appealing the actions (inactions) and decisions of a state supervision (control) body to a higher authority or authority supervising the activities of the appealed body;
- Court appeal means appealing the actions (inactions) and decisions of the controller to the judicial authorities. In this case, please visit our Litigation Practice page and see the Representation of interests in court in administrative proceedings section.
How can a lawyer help in the process of appealing against decisions, actions or inactions of state supervision (control) bodies?
Pravova Dopomoga Law Firm successfully appeals against illegal inspections, inventories and seizures of property, seizures of bank accounts, searches, capture, charging of debts, penalties and much more.
Our lawyers assist in appealing against decisions of the prosecutor, orders of inspectors of the State Intellectual Property Service of Ukraine, the State Labour Inspectorate of Ukraine, inspectors of the State Service of Mining Supervision and Industrial Safety of Ukraine, as well as help to appeal against actions or inactions of officials of the state financial control authority (former Control and Audit Service) and other regulatory authorities and law enforcement agencies.
Procedure for appealing the decisions, actions or inactions of state supervision (control) bodiesIn case of an administrative appeal, the appeal letter shall contain the following information:
- The body whose decisions, actions or inactions are appealed.
- Subject of the appeal letter - the decisions, actions or inactions of the supervision body.
- Legitimate demand of the claimer.
Court appeal is more effective. However, the form and content of the appeal letter shall meet special legal requirements.
In this regard, we recommend that you contact Pravova Dopomoga Law Firm, whose lawyers, in addition to appealing the decisions, actions or inactions of the state supervision (control) bodies can also help you to recover material and moral damage caused by illegal decisions, actions or inactions of the authority.
Thus, it’s worth remembering that according to part 2 of Article 21 of the Code of Administrative Proceedings of Ukraine, claim for damages caused by wrongful decisions, actions or inactions of the authority or by other infringement of the rights, freedom and interests of subjects of public law shall be considered by the administrative court if they are consolidated with the public dispute resolution proceedings. Otherwise, claims concerning compensation for damages are decided by civil or economic courts.
In addition, you should pay attention to a rather common misconception of the wording: “appeal against the act”, “appeal against the protocol on administrative violation”. Many people think that these documents represent the decisions of a state authority, as they are recorded on paper. No. They are procedural documents, recording certain facts. They cannot be appealed. In this case, you can appeal against the actions of the tax inspector, the traffic policeman responsible for the preparation of the abovementioned documents.
The regulatory authorities (law enforcement agencies) make their decisions on the basis of the abovementioned documents, which as a rule (but not always), make the basis, for example, for the tax notification-decisions or resolutions in case of an administrative offence. And in this case, it is the decision of the state authorities that shall be appealed.
By the way, when talking about administrative offences, people often ask us about the act to be used when preparing a suit to court for illegal actions, when they have a clearly wrongly drawn up protocol, but the resolution hasn’t been made yet: Shallit be the Code of Administrative Proceedings of Ukraine or the Code of Ukraine on Administrative Offences?
A specialist of Pravova Dopomoga Law Firm will provide you with a prompt, legally grounded and practically proved answer to any your question. Don’t hesitate to call us!