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Practice of administrative cases

  1. Appeal of acts of individual action of subjects of power
  2. Cases concerning violations of the rules of the traffic, traffic accidents
  3. Appeal against administrative charges for the unauthorized use of land
  4. Appeal against inactivity (actions), decisions of the Stategeocodaster departments on the transfer of land
  5. Appeal of administrative penalties in the field of construction, DABI
  6. Administrative offenses are related to corruption
  7. Protection of the interests of the principal in relations with supervisory authorities
We provide highly professional legal services in the sphere of appealing against actions (decisions) or inactions of subjects of authority in violation of your rights. Most of the compositions of administrative offenses are provided for in the relevant code and special laws. Among the typical tasks that clients put us: appealing illegal decisions of patrol police officers for violation of traffic rules, resulting in a traffic accident, driving in a drunken state; appealing decisions of inspectors of the State Architectural and Construction Inspection for violation of requirements and standards during construction, failure to obtain approvals (permits) for construction; appealing the decisions of inspectors of the State Geodagadastra for unauthorized use of land plots, unauthorized removal of ground and appeal against refusal to free privatization of state-owned land plots; appeal against the decisions of officials of the State Consumer Protection Service for violation of the rules of trade (alcohol and tobacco products); appealing against the protocols of anti-corruption bodies for violation of the restriction on compatibility and combining, violation of restrictions on receipt of gifts, violation of requirements for preventing conflicts of interest; appealing decisions and results of GFS inspections; appealing decisions of local self-government bodies in matters of land allocation. This list of categories of cases on administrative appeal is the most common and constitutes most of all administrative cases in court, due to significant sanctions for their violation and the legal consequences of proving the person’s guilt. It should be borne in mind that a decision on an administrative matter is often a prerequisite for the presentation of significant lawsuits in civil or economic court proceedings in the future. And in cases of corruption offenses for significant offenses, the sanction provides for such a negative consequence as deprivation of the right to occupy certain positions, and subsequently to inscribe the person in the register of corrupt officials.

 

In cases of appealing the decisions (protocols) of the patrol police for violating the traffic rules, which entailed the traffic accident, it is important to strictly follow the procedure for issuing administrative materials. After all, inadequately collected and formalized evidence (protocols, schemes) can cast doubt on the person’s guilt. Quite often, police patrol officers do not adhere to all the procedural requirements for compiling documents in support of an offense in the field of road safety. When a traffic accident or driving in a state of intoxication, officers of the patrol police make a report and forward administrative material to the court. It is important to know that a person has the right to submit a written application with the request to send materials to one of the courts at his place of residence, at the place where the offense was committed or at the place of registration of the vehicle. In case of untimely access to a qualified lawyer for help, it will be difficult to collect the necessary evidence in a timely manner, including establishing witnesses to confirm innocence. We draw attention to the fact that sometimes policemen incorrectly draw up schemes, do not reflect all elements of the traffic situation and refuse to take explanations from witnesses. We advise at the scene to make a photo fixation of all circumstances and localization of damage to cars. It is obligatory to make copies of all the documents of another participant and contact the insurance company. In their explanations to declare witnesses of the incident and their personal data. It is important to contact a lawyer in time to prevent the confession of guilt in the case of an administrative offense.

 

For the violation of the law during construction, quite large amounts of fines are established, which proportionally depend on the complexity of the construction object, that is, in fact, its building size. For example, for the execution of construction works without notification of their beginning with respect to the object according to the class of consequences relating to insignificant SS1 (a 20-apartment apartment house for 5 floors), the sanction is from 8500 to 10200 UAH. But for the execution of construction work without permission for their beginning with respect to the object according to the class of consequences relating to significant CC3 (a dwelling house over 100 meters high or large hospitals, shopping centers), the sanction is from 34000 to 51000 UAH. We draw attention to the fact that by a message sent by You can start construction of uncomplicated facilities with class CC1, and construction of other more complex ones only after obtaining the appropriate permission from the architectural and construction inspection. We emphasize that in case of deviations from the design decisions during construction, the inspector of GASK can send an order to eliminate violations. If the injunction is not fulfilled, the state architectural control body has the right to file a claim with the court to demolish the object built arbitrarily and compensate for the losses. Lawyers of our company know how to behave when checking GASK and can represent the interests of the developer in court. After the completion of construction, the local government body, based on the technical and economic indicators submitted by the customer (estimated cost of construction), calculates the amount of equity participation in the development of the infrastructure of the settlement. At this stage, disputes between the developer and the lawyers of the local executive committees also often arise. With regard to determining the size of the share contribution, taking into account the nuances associated with the cost of work that has already been performed in favor of the city and must be taken into account. In addition, with respect to certain types of facilities, there is reason to assert that it is generally possible to free the developer from equity participation.

 

In the sphere of realization of the guaranteed rights of citizens to the land, in our judicial practice there were cases of appealing against unlawful decisions of the bodies of the State Geological Registry. As is known, this particular body of state power in the sphere of land relations makes a decision on the disposal of state-owned land for agricultural purposes. Land legislation establishes the right of every citizen to free one-time privatization of land plots for each species within certain limits. At the same time, the regional departments of the State Geodesic Cadastre often make illegal decisions to refuse to grant permission for the development of land management projects and the subsequent refusal to transfer the land to property. These categories of cases are examined by the district administrative courts. Taking into account experience, we advise you to use the services of a land lawyer to indicate the correct requirements that will be claimed in court. After all, the public authority has special discretionary powers, which can not be replaced by a judicial decision. At the same time, the motivational and resolutive part of the judicial decision, which will carry out the management, is correctly formulated is the guarantee of obtaining a positive result in a short time. The right to privatize the land is guaranteed by laws, and the lawyers of our company are ready to assist in the speedy resolution of your land issue. Another category of cases are administrative violations related to unauthorized occupation of land plots. In the event that the amount of damage from such “how-to” unauthorized use of land for qualifying for criminal proceedings is not reached (≥80 thousand UAH), the inspectors of the territorial departments of the State Geodesic Inventories, on the instructions of the prosecutor’s office, carry out an inspection and may issue a resolution on bringing the person to administrative responsibility . The issue of interpretation and establishment of the fact of unauthorized use of the land plot and its evidence remains rather controversial. And, as is known, the duty to prove the legality of the decision taken lies solely with the official. Lawyers of our company can understand the legitimacy of compiling administrative materials and the legality of bringing to justice. Inspectors sometimes, in violation of the instructions, incorrectly make documents for the inspection of the land plot and do not establish all the circumstances. From these documents, the court must establish the size of the self-employed section and the specific person of the violator of the norms of land legislation. Also, the legal position regarding the legal significance of documents on the right to land of the “old model” and non-inclusion in the register of rights is also ambiguous. We are convinced that not committing the re-registration of the title deed to a “new harmony” can not be grounds for depriving a person of the right to land. And where there is a contradiction there is the possibility of substantiating the legitimacy of the behavior of a person being brought to administrative responsibility.

 

Among entrepreneurs, it remains urgent to resolve legal issues of appealing decisions of officials of the State Consumer Protection Service for violating the rules of trade in alcohol and tobacco products. These misdemeanors can be committed in the form of sales of alcohol or cigarettes without a license or excise duty stamps or in a more complex form of sale in a prohibited place or time set by a local government. The specified offenses can be committed both from the intent of the business entity and through the fault of the hired worker. In such a case, such unlawful actions of the employee will be the basis for his dismissal and prosecution. Recently, the Gosprodobtobsluzhba management is increasingly conducting inspections of entrepreneurs, including those engaged in the sale of medicines through pharmacy stores for pricing. When forming, establishing and applying state regulated prices for medicines, the maximum permissible prices are violated. Economic entities are subject to administrative and economic sanctions for significant amounts and regulations are issued. Our lawyers provide professional advice when conducting the audit and in case of revealing violations when processing the results – they are challenged administratively.

 

For offenses related to corruption, only a special subject, as defined by the Law of Ukraine “On the Prevention of Corruption”, can be brought in. Appeals against the protocols of the NAPK and other anti-corruption bodies were drawn up in connection with violation of the restriction on compatibility and combining, violation of restrictions on receiving gifts, violation of the requirements for preventing conflicts of interest, timely submission of declarations. In recent years, legislation has been updated in the fight against corruption. Including new elements of actions in Article 172 of the Code on Administrative Offenses. To the requirements of the European Community, bodies have been set up, they are called upon to prevent corruption and to attract the perpetrators. However, often there are unequal interpretations in the qualification and subjective assessment legal categories. The low quality of the new anti-corruption norms is a consequence of violations of the requirement that they be accessible to stakeholders, clear and predictable in their application. In the event that national legislation involves an ambiguous or plural interpretation of the rights and duties of individuals, national authorities are required to apply the most favorable approach to individuals. That is, the decision of conflicts in the law is always interpreted in favor of the person. For example, solving the issue of bringing to responsibility for committing an administrative offense connected with violation of the requirements of financial control, which is expressed in the late submission without valid reasons of the declaration by a person authorized to perform the functions of the state or local government, the following aspects should be taken into account. Are all employees of a legal entity of public law, in simple words of state enterprises, refer to the subjects of declaration, or only those who are endowed with managerial or administrative-administrative functions. Or what to do when the person was unable to file the declaration on time for reasons beyond his control, which in turn directly depend on the administrator of the electronic registry. It also concerns the establishment and proof of the validity of the reasons for not submitting a declaration to the NAPK. For example, valid reasons include the impossibility of a person to file a declaration on time in connection with illness, being treated, as a result of a natural disaster (floods, fires, earthquakes), technical failures of the official site, requesting information required for entry into the declaration, in custody and the like. To resolve the issue of the existence of a real conflict of interest with the person exercising official or representative authority with the person in respect of which a decision is made, the legislator has attempted an interpretation. However, lawyers are convinced of the ambiguity and incomprehensibility of such an interpretation given the relationship with the term “potential interest”, which in turn is much broader, and to prove the presence of real interest in the case of the controlling body. In addition, it is necessary to prove the causal relationship between the action of the special subject and the consequences for the allegedly interested person, and most importantly the time intervals. The presence of appropriate and admissible evidence must be indicated in the protocol on the offense related to corruption, and in the absence of – the company’s lawyers in court will justify the need to close the administrative case. We draw attention to the fact that the protocol on the offense together with the materials must be sent to the court within three days at the place where the offense was committed. The presence of the person brought to administrative responsibility and the prosecutor is compulsory. The consequence of recognizing a person’s guilt can be bringing to disciplinary responsibility and dismissal from the civil service. Given the rapid development of anti-corruption legislation, the legal assistance of an advocate is needed by officials with the aim of appealing against illegal protocols on administrative offenses related to corruption.

 

Disputes over appealing decisions on the passage of public service by citizens, their dismissal and, as a consequence, reinstatement at work are also subordinated to administrative courts. Among the reasons for illegal dismissals of citizens in the passage of public service is the commission of a disciplinary offense or violation of the ethic of the employee. In the event of an illegal decision on dismissal from work, we draw attention to the proper execution of documents. The employer is obliged to familiarize with the order with the signature, make a final calculation, make a record and issue a work book. We advise you to get a certificate of wages for the last six months, which will help determine the amount of compensation for forced absenteeism and all possible internal documents that established labor functions and responsibilities. Such documents can be: approved internal regulations and job descriptions; position on the department (management, department); labor collective agreement; charter and others. When dismissing a public service used as a common ground for the termination of the employment relationship defined by the Labor Code, as well as additional regulated by special laws (on public service of the prosecutor’s office on legal proceedings and the status of judges, about the diplomatic service). Definition of a disciplinary offense to establish its commission is also used a lot of value judgments, such as ethical behavior, lack of respect for the state, undermine the authority of the state, political impartiality, which can be used in favor of the employee. Again, we draw attention to the fact that the duty to prove the violation committed by the employee lies solely with the employer. There are cases of dismissal of employees of bodies combating corruption (prosecutors, national police, SBU, court employees) on the basis of not providing information cards in a prescribed form, when considering corruption cases. Employees of bodies combating corruption, after receiving these cards make information on the outcome of an act of corruption in the court protocol log book and no later than 2 business days, send them to the Ministry of Internal Affairs to issue in a central register. Practice confirms that individual cases of dismissal of employees by decision of unauthorized superiors. To apply to the court with the requirements for recognizing unlawful dismissal, reinstatement in service and payment of compensation for forced absenteeism, a fixed period of one month from the day of handing over the work record book or the dismissal order. In case of untimely execution or provision of documents, this period is subject to recovery. When considering a court demand for compensation of average wages, the term can not exceed one year. The court decision on reinstatement at work is subject to immediate execution, and the appeal appeal does not suspend it. When applying to a court, an unlawfully dismissed employee does not pay a court fee, and the jurisdiction is elected at his discretion (at the place of registration or the employer’s address). Lawyers of the law firm have the experience of reinstating employees of various levels and ranks, so they can provide effective legal assistance.

 

In the legal issues of appealing decisions and results of inspections, the GFS should be taken into account. The order of administration, charging, determining the tax base and the terms of payment are regulated exclusively by the Tax Code. If there are any disputable issues or uncertainties, we recommend that you contact the fiscal service for written tax advice. The tax attorney will help determine the legitimacy of the referral for review, make comments during it and determine the scope of the required documents that tax collectors will ask for. Our team of lawyers knows how an entrepreneur should behave in order to prevent the emergence of criminal proceedings related to fictitious entrepreneurship or tax evasion. We provide a list of decisions of the fiscal service, which can be appealed in court with the help of a tax attorney: tax decisions (accruals); decision to arrest the property of the taxpayer; the decision of the tax authority to refuse to accept the tax return; a decision on cancellation and exclusion of value added tax or single tax from the register of payers; an order to conduct an audit; written tax advice, and the findings of the judge set out in a positive decision will be the basis for the provision of a new consultation on behalf of the client. If we consider not lawful actions of tax officers on imposing an administrative penalty, we draw attention to the fact that sometimes a taxpayer is twice brought to responsibility for the same offense, which is unacceptable. Therefore, the services of an attorney for administrative cases on illegal additional charging of taxes or the imposition of administrative sanctions are simply necessary in the effective struggle against the bureaucratized state tax administration system.