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Disputes in the field of violation state by the organs of rights and interests of physical and legal persons
Happens often, after decisions, or actions, absence of actions of organs state . Power and local self-government there is violation of rights and interests of citizens, organizations, enterprises protected by a law.
Challenging of illegal decisions, or actions of the authorized organs, is one of methods of renewal of rights.
The law of Ukraine contains information that a person, whose rights were broken, has a right, to elect the method of defence through solicitors in higher instances, or to the public servant, or through a direct appeal in a judicial body. Also, if you made a complaint in higher organs, it does not select for you a right for an appeal in a court.
Experience and high qualification of specialists of legal company "Legal Solutions", knowledge of details of administrative process, co-operating with public organs, the personal going near every client gives an opportunity to our command to labour for a necessary end at judicial trials.
A citizen possesses a right to appeal with claim regards decisions, actions, or inaction of the authorized organs, or local self-government in order of subordination to the supreme body personally, or through the authorized agent to them persons. Claim in interests a person, not достигнувшего of adult age, or incompetent person can be given through a legal representative.
By the article 17 Law of Ukraine it is envisaged "On the appeal of citizens", that claim on awarded judgement, subject to challenging must be directed in a higher organ, or to the public servant in a period equal to one year from the moment of acceptance of this decision, but not later than a month from time, when a citizen was acquainted with maintenance made decision. Claims that is given later this period examined will not be.
Admission of term on good reason can be subject to renewal by an organ, or public servant, that engages in examination of a claim.
Decision of supreme state body that produced examination of a claim, in situations, when a plaintiff does not agree, it can be contested in the judicial order during the term prescribed in the law of Ukraine.
Challenging of decisions, acts or omission of organs state . power and local self-government in a court possesses some nuances that relate to the type of the broken rights. These lawsuits are jurisdiction to the general courts or administrative courts jurisdiction of that possesses differences inter se. From faithful determination of type of judicial body in that it is necessary to be directed after the receipt of defence, speed of renewal of the broken rights and interests of the interested person depends.
By the article 19 Code of the Administrative rule-making of Ukraine jurisdictions of administrative courts that include are set:
- Disagreements between physical, by either legal entities with the subject of imperious plenary powers касаемо challenging of decisions (legal act, or legal act of individual action), actions or absence such;
- Disagreements, regard the reception of citizens on public service, to her passing, discharge;
- Disagreements between the subjects of public relations, regard realization of their zone of responsibility in area of management, including assignments of rights, and also disagreements, that take place from a conclusion, realization, completion, cancellation, determination invalid agreements of administrative character;
- Disagreements on the appeals of subjects of public relations in the situations indicated in legislations;
Disagreements, касаемо legal relations having to the relation with to the process of ballot, or procedure of referendum.
Stake of disagreements, that relates to challenging of illegal decisions, actions, or inaction of the authorized organs, subject to consideration the judicial bodies of general jurisdiction. Being base on item 15 Commercial Procedure Code of Ukraine of Ukraine, the judicial bodies of general jurisdiction conduct business касаемо violations of rights, freedoms, or interests of citizens arising up as a result of civil, housing, landed, domestic and other legal relationship in the civil rule-making, if other is not envisaged by the case of realization of this business in other production.
Decisions, along with actions, or subject absence of such authorized organs, defiat a civil law, housing, landed, labour, domestic human right, to the appeal in the judicial order in general courts, in the orders of civil production.
At an appeal in a court in an order to contest an illegal decision, action, or inaction of the authorized organ, it is needed correctly to educe character of disagreement and court that engages in these businesses.
Algorithm of work of our company:
- an analysis of all materials of business and development of legal verdict;
- the pre-trial adjusting (if required);
- drafting of point of claim and collection of all required documentation for an appeal in a judicial body;
- taking part in judicial trials;
- processing of judicial documents (of reviews, objections, explanations, solicitors,
- drafting and mounting of claim against the appeal of the court of the first instance ruling;
- drafting of appeals;
- challenging of decisions in business;
- a representative office of client-side in the organs of government executive service (drafting and handing in applications, solicitors, complaints of and other).
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