Kyiv, 6 Ivana Dracha St., of. 15
Your power to winLitigations with governmental bodies
The actions and decisions of public authorities, their officials, can have an extremely profound impact on both business and ordinary citizens. As an example, the State Emergency Service of Ukraine can impose fines for violations of fire safety requirements and raise the issue of discontinuance of enterprises prior to eliminating violations. The National Securities and Stock Market Commission of Ukraine (NSSMC), by its decisions and actions, can block the adoption of virtually all corporate governance decisions of joint stock companies.
The State Architectural and Construction Inspectorate of Ukraine can make a decision not to grant a permit for performing construction works or not put into operation works completed by construction, creating considerable problems for developers. The State Environmental Inspectorate of Ukraine can impose significant sums of fines for violations of protecting environment legislation, raise the issue of suspension of special permits and activities of commercial entities. The situation is complicated by the fact that state bodies not always comply with the law, but often make illegal decisions that substantially violate the rights of legal entities and individuals.
The pre-litigation procedure for resolving disputes with government agencies does not always produce the desired results, as it is often the case that officials respond to complaints and appeals in an inadequate manner, evading their duties or, on the contrary, continuing to take illegal actions. The only credible tool for defense in such a case is taking a lawsuit to the court for the recognition of actions or inaction of a state body as illegal, for the cancellation of a legal act or an individual act, for the obligation to take an action or make decision, which is evaded by the officials, or vice versa, on the obligation to refrain from committing unlawful acts by the state body.
the National Securities and Stock Market Commission of Ukraine (NSSMC);
the State Emergency Service of Ukraine;
State Architectural and Construction Inspectorate of Ukraine;
State Environmental Inspection of Ukraine;
the State Border Service of Ukraine;
the State Property Fund of Ukraine;
the State Migration Service of Ukraine;
the State Service of Ukraine for Food Safety and Consumer Protection;
and other governmental bodies
The bodies of state supervision (control) have the right to carry out scheduled inspections subject to a written notification to the business entity of such inspection not later than ten days before the day of conducting it. You have the right not to allow the inspectors to a scheduled check if the notification of it is not received.
In case of violation of the fire safety requirements, the inspector shall draw up in two copies an act of inspection, one copy of which must be provided to the entity being inspected. If you disagree with the facts stated in the act, sign the act with reasoned written objections that will be an integral part of the act of verification.
If you do not agree with the decision of the regional state authority, you have the right to appeal to the central state authority to which the territorial authority reports. Even if the decision is not cancelled by the central body, you should be sent a reply explaining the reasons for the complaint not having been satisfied, which will make it possible to find out the arguments of the government body, which will defend its position in court. You will have the right to go to court during three months after receiving the response.
The complaint to the central executive body, which is supervise the respective territorial government body, must include the full name and address of the contested body; Your full details (company name or your full name, address, telephone number); the details of the contested decision (full name of the decision, its date and number). Next, the circumstances that confirm the illegality of the decision should be substantiated in detail. The text of the complaint must ends with a demand to cancel the decision and report on the results of the complaint solving. The complaint shall also contain its date and the details of the person who signed the complaint.
If you decide to challenge a decision, action or inaction of a government body in court, in this case, it is best to seek professional legal assistance. After all, even a promising case can be lost in court for the lack of experience in litigation and in applying the procedural law (for example, because of missing an important procedural deadline after which it will not be possible to submit important evidence or challenge the court's decision to the court of appeal).
As a general rule, a claim for appeal against decisions, as well as actions or inaction of the authorities, taken (committed, omitted) against a specific natural or legal entity, is filed, at the choice of the plaintiff, with the administrative court at the place of residence of the plaintiff or the administrative court at the location of the defendant - a government body, except for the cases determined by the Code of Administrative Proceedings.
The above-mentioned officials have no right to restrict or suspend the activity of enterprises, individual productions at their own discretion. To that end, they are required to bring an action for restraint or suspension of activity in court.
The general rule for applying to an administrative court for the defense of the rights, freedoms and interests of a person is a six-month term, which is calculated from the day when the person or entity learned or had to learn about the violation of rights, freedoms or interests by the state authorities. Exceptions to these terms for appeal to the administrative court are set by the Code of Administrative Proceeding of Ukraine.