Appealing actions, decisions of state bodies or officials

Appeal against actions, decisions of state bodies or officials

The legislation of Ukraine provides for a judicial and pre-trial procedure for considering applications from citizens and organizations to challenge a decision, action (inaction) of a public authority, an official. Thus, the applicant has the right to choose the procedure (administrative, judicial) for the protection of his rights, freedoms and legitimate interests. A citizen, an organization has the right to challenge in court a decision, action (inaction)

Appeal against actions and unlawful decisions of officials of state bodies begins with the preparation of a reasoned complaint, which must be properly registered. At this stage, the lawyer will help draw up an appeal and send it to the place of violation of the rights of citizens, and after receiving a response, if necessary, appeal it to higher authorities and in court.

Appeal against actions of state (investigative) bodies

According to Article 303 of the Criminal Procedure Code of Ukraine, at the stage of pre-trial investigation, the following legal violations of the investigating authorities can be appealed:

• Inaction of the investigation regarding the issue of entering statements into the Unified Register of Pre-trial Investigations
•    The decision of the investigator or prosecutor to suspend the investigation
•    Making a decision by the prosecutor on the complete closure of the pre-trial investigation
•   Decisions, actions or omissions of the investigator, or the prosecutor in relation to unlawful non-compliance with the rules and safety standards

In any administrative disputes, the opposite side will always be the state, represented by certain bodies. All public authorities have a staff of experienced lawyers who specialize directly in disputes with this body, so minor procedural violations, inaccuracies or mistakes on your part will allow the opponent to turn the dispute in the right direction, pointing out your wrong. It is practically impossible to fight back against professionals from the staff of lawyers of a state authority on your own, in addition, illegal actions can be carried out by representatives of the state in order to persuade you to refuse a claim, appeal or cassation.

At the same time, faced with competent legal resistance, representatives of state authorities will not want additional litigation and the burden of a lawsuit and will not put forward illegal demands. We also note that in administrative disputes, the courts often take the position of state authorities, because the latter represents the interests of the state, although the law requires an objective, impartial consideration of the case from the court. Great efforts are needed to sway the court to one’s side, while personal explanations, emotional speeches and desires to achieve justice will be few.

Qualified legal assistance is the key to successful dispute resolution.

A lawyer has an additional advantage: within the powers granted by law, he can send official requests to various bodies and institutions, collecting evidence of the validity of your arguments. In addition, he will immediately determine in what time frame and in what form the appeal should be made in order to be most effective.

Lawyers of the ICC Bondar will carefully study the case materials, prepare all the necessary documentation and build a legal position, draw up an appeal or cassation complaint, use specific legal mechanisms, represent your interests in court hearings and achieve the desired result of the case. We have extensive experience in the field of appealing against decisions of the administrative court, as well as representing the interests of the client in courts.

The cost of services of a lawyer to appeal the actions and decisions of officials

The cost of services of a lawyer in administrative cases depends on whether you conclude an agreement with a lawyer for the conduct of a case in full (for example, conducting a case in a court of first instance from preparing a claim to making a decision) or you need a one-time service (for example, write a petition, draw up a request, go to see an official).