Recognition of the Illegality of Local Government Decisions: WinnerLex Successfully Defended Client’s Rights in Administrative Court

Our regular client, a manufacturing company, turned to the Executive Committee of the City Council with a request to bring the provisions of the Regulation on the Commission for Determining the Amount of Damages Caused to Landowners and Land Users in line with the requirements of current legislation. It turned out that this Regulation had not been updated in accordance with the relevant Cabinet of Ministers’ decree, and for a long time, the Commission for Determining the Amount of Damages at the Kamianske City Council had been making decisions with an unauthorized composition.

The Executive Committee of the City Council ignored the company’s demands, prompting our client to appeal to the court, where the lawyers of WinnerLex provided the necessary legal assistance.

As a result of the case review, the Dnipropetrovsk Regional Administrative Court agreed with the arguments of WinnerLex lawyers and granted the claim. The Regulation of the Executive Committee of the City Council was partially recognized as unlawful, and the Executive Committee was ordered to bring the relevant provisions of the Regulation in line with current legislation. The appellate court rejected the Executive Committee’s appeal, leaving the administrative court’s decision in force.

This case is particularly interesting because the decision challenged in court was a normative legal act, affecting the interests of many land users of various ownership forms, who were involved in the case as third parties. Some of these parties had not only been unjustifiably charged large amounts of damages by the unauthorized commission but had even had these amounts enforced by court decisions. However, none of them identified legal violations by the local authority and attempted to defend themselves.

Thus, WinnerLex demonstrated its ability to offer unique solutions to legal problems, protection strategies, and restoration of violated rights. The high professional level of the firm’s lawyers guarantees positive outcomes for every client.

Recovering the costs incurred by the client is a standard approach for WinnerLex in dispute resolution and is made possible by transparent financial relationships with clients, as well as high-quality and complete substantiation of the cost amount for the court. Therefore, in addition to the court fee for filing the claim, the client’s legal expenses in this case were fully recovered from the Executive Committee of the City Council by court decision.

The case was handled by the team of WinnerLex lawyers from the Dnipro office, Victoria Chekhuta and Daria Gvozdyeva, under the leadership of managing partner Anna Vinnychenko.