Appealing illegal actions of state authorities

In the process of conducting their activities, everyone may face the need to interact with government agencies – tax authorities, labor protection regulatory authorities, law enforcement authorities, etc. Quite often, the decisions of state authorities that are made as a result of such interaction do not comply with the legislation requirements. In such situations, the law provides the right to appeal the actions of government agencies.

Everyone is guaranteed the right to appeal in court the decisions, actions or omissions of state authorities, local authorities and officials (Article 55 of the Constitution of Ukraine).

How can you appeal the actions of state authorities? 

Everyone has the right to appeal in court the decisions, actions or omissions of: 

  • state authorities;
  • local authorities;
  • their officials.

In addition, the Law of Ukraine “On Citizens’ Appeals” provides for the right of everyone to file a complaint against state authorities, local authorities, as well as officials. The complaint itself is a request to restore the rights and protect the legitimate interests of citizens that have been violated. 

Therefore, the legislation provides for judicial and non-judicial mechanisms for appealing the actions of state authorities and their officials. 

When should the decisions of state authorities be appealed? 

VigoLex provides a simple answer to this question – in any situation when your rights or interests are violated. Protecting your rights and interests is the most important right that should not be neglected. 

Based on VigoLex team’s experience, the most common violations by state authorities are: 

  • violation of legal requirements during tax audits; 
  • demanding an unlawful benefit (bribe) from the company representatives; 
  • illegal actions of state registrars; 
  • violation of legal requirements when conducting a search in a company; 
  • filing claims for alleged violation of the law by the company. 

Appealing decisions of state registrars

One of the most common violations in this area is illegal actions of state registrars and other state registration bodies, for example, notaries. State registration bodies may violate the legal requirements both during state registration of rights to real estate (ownership, encumbrances), and when registering a business (registration of a legal entity and private entrepreneur). 

There are a lot of reasons for the occurrence of disputable situations with the state registration bodies: 

  • falsification of documents; 
  • corporate raids on business; 
  • abuse by the state registrar; 
  • fraud with state registers; 
  • omission by the registrar; 
  • unjustified refusal to perform registration actions, etc. 

VigoLex services for appealing decisions of state authorities 

VigoLex can provide such services as: 

  • oral and written legal advice; 
  • pre-trial resolution of disputes with state authorities; 
  • drafting appeals to illegal actions or omissions of state authorities, their officials, etc.; 
  • preparation of claims, responses to claims, appeals, cassation complaints, etc.; 
  • representing your interests in disputes with state authorities, for example, cancellation and recognition of illegality of decisions, actions and omissions of state authorities, recovery of damages caused by such actions of state authorities, etc. 

Therefore, the lawyers and the attorneys of VigoLex team will help to qualitatively and reliably protect the clients’ interests within the framework of a conflict with state authorities.

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