Dispute / Appeal of actions and omissions of officials

Dispute / Appeal of actions and omissions of officials is the service of a tax consultant of the law firm AGTL Kharkiv, Kyiv, Odessa.If the rights and freedoms of a citizen (organization) have been infringed during the course of the actions or omissions of public authorities or officials, the law provides for the possibility to file a lawsuit in court. The claim may be filed at the residence of the victim or the organization or the official whose actions are subject to appeal.

Our advantages

Specialists at the law firm AGTL have repeatedly conducted cases concerning the recognition of the official’s actions as illegal and have won them;

You will get the predicted result;

All our work is based on the principles of confidentiality: we know how to keep secrets;

Our company employs lawyers specializing in various areas of law, so we can offer you a wide range of services;

We attract third-party specialists from related areas.

Judicial challenge of the actions of officials and public bodies. The procedure for recognizing the actions of bailiffs-executives illegal and challenging the inaction of local governments.

The law firm offers a service to appeal against the actions and omissions of officials, to challenge the actions of public bodies and officials in the administrative court. Our specialists have extensive experience in the field of administrative law and are ready to offer you quality legal assistance.

Our services

• Analysis of the client’s situation and assessment of the prospects of the case;
• Collecting documents to take the case to court;
• Challenging the actions of officials and public bodies in the administrative court;
• Making complaints, motions, claims and other documents;
• If necessary, challenge the court’s decision in the highest courts.

Recognition of an official’s actions as illegal can be carried out in two other ways, in addition to a trial. This is an appeal to a higher authority, as well as a complaint to the supervisory or licensing authority. To protect your rights, we recommend using all three options when appealing against the actions and omissions of officials.

How to appeal decisions, actions (inaction) of the state agency and its officials

The actions and omissions of a public authority or its employee (a public servant) may be appealed by a person who believes that his rights have been violated.

Article 40 of the Constitution of Ukraine provides for the right to send individual or collective written appeals or to personally apply to the state authorities, local governments and officials and officials of these bodies, who are obliged to consider the appeal and give a reasonable response within the statutory deadline.

Under article 55 of the Constitution, everyone is guaranteed the right to appeal to the court decisions, actions or omissions of state authorities, local governments, officials and officials.

Under article 23 of the Ukrainian Central Executive Authorities Act, orders from the central executive branch or their individual provisions may be appealed by individuals and entities to the administrative court in accordance with the law.

A citizen may file a complaint against a decision, action or omission of an executive branch or local government in the order of subordination to a higher authority or through a person authorized by him. Complaints for minors and incapacitated persons are filed by their legal representatives.

Article 17 of the Law on Citizens’ Appeals stipulates that a complaint against a decision that is being appealed can be filed with a high-level body or official within one year of its adoption, but no later than one month from the time the citizen is informed of the decision. Complaints filed in violation of the specified period are not considered.

A deadline missed for good reason may be reinstated by the body or the official reviewing the complaint.

The decision of the highest state body, which considered the complaint, the case of disagreement with him citizen can be appealed to the court within the time frame provided by the legislation of Ukraine.

Appealing decisions, actions or omissions of state and local governments to the court has certain features related to the nature of the violated right. Such claims are subject to courts of general jurisdiction or administrative courts whose jurisdiction differs. The speed at which the rights and interests of the person concerned must be restored depends on the correctness of the type of judicial authority to be sought for protection.

According to article 19 of the Code of Administrative Procedure of Ukraine, the jurisdiction of administrative courts extends to legal relations arising in connection with the exercise of the subject’s power of power of power of administration, as well as in connection with the public formation of the subject of power through elections or referendum.Appeal against the actions and omissions of officials.

The jurisdiction of the administrative courts extends to public-legal disputes, in particular:

1) disputes between individuals or entities with the subject of power regarding the appeal of his decisions (regulatory acts or acts of individual action), actions or omissions;

2) disputes over the admission of citizens to public service, its passage, dismissal from public service;

3) disputes between the subjects of power over the implementation of their competence in the sphere of government, including delegated powers;

4) disputes arising over the conclusion, execution, termination, cancellation or invalidation of administrative contracts;

5) disputes over the treatment of the subject of power in cases established by the Constitution and the laws of Ukraine;

6) Disputes over legal relations related to the electoral process or the referendum process

7) disputes between individuals or entities with the steward of public information regarding appeals of his decisions, actions or omissions in terms of access to public information.

Part 2 of Article 18 of the CAS of Ukraine states that administrative cases are subject to the District Administrative Courts:

1) one of the parties in which the state authority, the other state body, the authority of the Autonomous Republic of Crimea, the regional council, the Kiev, Sevastopol City Council, their official or official, except in cases provided by this Code, and in addition to cases of their decisions, actions or omissions in cases of administrative offences and cases, which are subject to local general courts as administrative courts;

2) on the application in cases provided by law, the response to state supervision (control), the permissive system in the field of business, if they can be applied solely by court order;

3) to confirm the validity of the actors’ decision-making in the implementation of state supervision (control) in the sphere of economic activity.

In the case of uncertainty of the CAS of Ukraine of the substantive jurisdiction of the administrative case, such a case is considered by the local administrative court of the plaintiff’s choice.

Some of the disputes involving the appeal of misconduct, action or inaction by authorities are dealt with by courts of general jurisdiction. According to article 15 of the Ukrainian SEC, courts of general jurisdiction consider civil proceedings to protect infringed, unrecognized or contested civil rights, freedoms or interests arising from civil, housing, land, family, labour relations, and other legal relations, except when such cases are heard under the rules of another court.

Therefore, the decision of the action or inaction of the authorities, violating civil, housing, land, family, labor rights of the person, can be appealed to the courts of general jurisdiction in civil proceedings.

Thus, in the case of going to court to appeal against an improper decision, action or omission of the authority, it is necessary to correctly determine the nature of the dispute and the judicial body to which the dispute is subordinated.

We will advise you, help you organize a business, choose a tax system, and if necessary – accompany the process of organizing your business on legal, accounting, tax, as well as financial issues. And believe me, your money will certainly come back to you.