Business without legal barriers

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) has wide range of competence and can apply financial and other sanctions to joint stock companies and other participants of stock market in Ukraine. 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 соnsiderable 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 specialists:
Dispute settlement services with state authorities include, in particular, litigations with:

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

Why we should be trusted
SPECIALIZATION One of the main areas of activity of WinnerLex is protecting business against unlawful encroachment by governmental bodies, since our team aims to create the conditions for operating your business without legal barriers.
EXPERIENCE The team of WinnerLex has extensive experience in successfully resolving a large number of administrative disputes with various government bodies of various categories and levels of difficulty.
PROACTIVENESS We see the possible threats and risks and protect against them.
COMPETENCE Keeping a track of current changes in the legislation, as well as reviewing the current judgement practice of administrative courts, combined with the already accumulated experience in administrative disputes, allows us to apply a comprehensive and always up-to-date approach to resolving disputes with government bodies.
PROFESSIONALISM Our attorneys have many years of experience in the legal support for the activities of medium and large-scale businesses, so we understand your needs like no one else and have enough experience for successfully resolving the most complicated legal issues of our Clients.
URGENCY “emergency legal aid” in case of any problems with governmental bodies.
Attorney’s advice:
Frequently Asked Questions (FAQ`s)
Which particular court should be filed a lawsuit to contest the decisions of public authorities?

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, at the choice of the plaintiff in the administrative court at the place of residence of the plaintiff or administrative court at the location of the defendant – a government body, except for the cases determined by the Code of Administrative Proceedings.

Do the State Environmental Inspection of Ukraine or its officials have the right to restrict or suspend the activity of enterprises, individual productions as a result of inspections?

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 to court.

Within which term can decisions, actions or inaction of the state authorities be contested?

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.