Challenging the actions of officials

If in the course of the action or inaction of state bodies or officials infringe upon the rights and freedoms of a citizen (organization), the law provides for the possibility to appeal to court with the corresponding claim. The claim can be submitted at the place of residence of the victim applicant and the organization or officials whose actions are subject to appeal.

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Specialists of the Law firm AGTL repeatedly did business relating to the recognition of official action illegal and won them;

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Court challenging the actions of officials and state bodies. The procedure for recognition of the actions of bailiffs-executors and contesting unlawful inaction of local authorities.

Law firm "cliff" offers services for contesting the actions of the state bodies and officials in court. Our specialists have extensive experience in the field of arbitration law and are ready to offer You quality legal assistance.

Our services:

• Analysis of the situation of the client and assessment of the prospects of the case;
• The collection of documents for the transfer of the case to the court;
• Challenging the actions of officials and state bodies in arbitration courts;
• Drafting complaints, petitions, claims and other documents;
• When necessary, challenge the court decision in higher courts.

The recognition of official action illegal can be carried out in two ways, in addition to trial. This appeal to a higher authority, and a complaint to the Supervisory or licensing authority. To protect Your rights, we recommend you to use all three options.

The procedure for appealing against decisions, actions (inaction) of a state body and its officials

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

Article 40 of the Constitution provides for the right to send individual or collective written petitions, or to personally appeal to bodies of state power, local self-government bodies and officials and officers of these bodies obliged to consider the appeal and give a substantiated answer within the statutory period.

In accordance with article 55 of the Constitution, everyone is guaranteed the right to appeal in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers.

In accordance with article 23 of the law of Ukraine "On Central Executive authorities" orders of Central body of Executive power or of their individual provisions can be appealed by individuals and legal entities in the administrative court in the manner prescribed by law.

A citizen can file a complaint against a decision, action or inaction of the Executive authority or local self-government in subordination to the higher authority in person or through authorized person. The complaint in the interests of minors and incapacitated persons served by their legal representatives.

Article 17 of the Law of Ukraine "About addresses of citizens" provides that appeal of a decision which has been appealed, may be submitted to body or official of higher level within one year from the date of its adoption, but no later than one month from the time of familiarizing the citizen with the decision. Complaints filed with the violation of the deadline will not be considered.

Missed for a good reason, the term may be restored by the body or official considering the appeal.

The decision of the Supreme state body that considered the complaint, if you disagree with him citizen can be appealed in court within the period stipulated by the legislation of Ukraine.

Appeal against decisions, actions or omission of bodies of state power and local self-government in the court has certain features related to the nature of the violated right. Such claims are subordinated to courts of General jurisdiction or administrative courts, the jurisdiction of which differs between them. The correctness of the definition of judicial authority in which to turn for protection, depends on the speed of restoration of violated rights and interests of the person concerned.

Under article 19 of the Code of administrative legal proceedings of Ukraine the jurisdiction of administrative courts covers the legal relations, arising in connection with the exercise by the authority of the power management functions, as well as in connection with public formation of the authority by election or referendum .

The jurisdiction of administrative courts applies to public law disputes, particularly:

1) disputes of natural or legal persons with the authority to appeal its decisions (normative legal acts or legal individual acts), actions or inaction;

2) disputes about the acceptance of citizens on public service, its passage, dismissal from public service;

3) disputes between subjects of authoritative powers regarding the implementation of their competence in management, including delegated powers;

4) disputes arising from conclusion, execution, termination, cancellation or invalidation of administrative agreements;

5) disputes on the treatment of the subject of authority in cases prescribed by the Constitution and laws of Ukraine;

6) disputes concerning legal relations related to electoral process or process of referendum

7) disputes of individuals or legal entities by managing public information regarding appeal against its decisions, actions or inaction in terms of access to public information.

In part 2 of article 18, the article stated that the jurisdiction of District administrative courts, administrative proceedings:

1) one of the parties in which the public authority, another public authority, authority Autonomous Republic of Crimea, oblast Council, Kyiv, Sevastopol city Rada, their official face, except for the cases stipulated by this Code, except for cases in their decisions, actions or inaction on cases of administrative offences and cases in which jurisdiction of local General courts as administrative courts;

2) on the application in cases provided by law, action by the state supervision (control), permissive system in the sphere of economic activity, if they can be applied exclusively by court decision;

3) confirmation of the validity of the adoption by the authorities of the responses in the exercise of state supervision (control) in the sphere of economic activity.

In the case of uncertainty, the article of subject-matter jurisdiction of the administrative case is a case considered by the local administrative court at the option of the plaintiff.

Of the disputes related to the appeal of illegal decisions, actions or inaction of bodies that have powers, are courts of General jurisdiction. According to article 15 of the CPC of Ukraine courts of General jurisdiction consider civil proceedings of cases about protection of violated, unrecognized or disputed civil rights, freedoms or interests arising from civil, housing, land, family, labour relations and other relations, except the cases when such cases are conducted under the rules of other legal proceedings.

Consequently, the decision to actions or omissions of authority, violation of civil, housing, land, family, labor rights of the person can be appealed in courts of General jurisdiction in civil proceedings.

Thus, in the case of going to court to appeal against illegal decisions, actions or omissions of the authority of authority is necessary to correctly determine the nature of the dispute and the judicial authority, which is subordinated to the dispute.