Appeal against the decision of the administrative court

"Amаt victoria curam – victory loves diligence".

Kolhanov Ivan

Head of military law practice

Specializes in administrative law, recalculation of pensions for former policemen and military personnel, including (SBU, NSU, DSNS, DPSU, SZR), specialist in military law.

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Appeal against the decision of the administrative court

Reading time: 4 min.

Administrative proceedings are the activity of administrative courts aimed at consideration and resolution of administrative cases in the manner established by the Code of Administrative Proceedings of Ukraine. The content of this area of judicial proceedings is to resolve public legal disputes. For example, one of their common options today is administrative lawsuits against the Pension Fund of Ukraine due to the fact that its representatives refuse to transfer pensions according to updated certificates, properly take into account seniority or other alleged violations of the rights of pensioners. This is just one example, in fact there are many more.

What else is worth knowing about administrative proceedings?

It was mentioned above that administrative proceedings are centered around public legal disputes. So what does this mean? This means that one of the parties is a subject of authority, as was the case with the Pension Fund.

 

The subject of authority is understood as a body of state power or local self-government, or a specific official or official who performs administrative and power functions. They are carried out on the basis of legislative norms and can be manifested, including, in the performance of delegated powers.

It is important to understand that in any dispute where one of the parties is a subject of authority, the administrative court is involved.

What decisions does the administrative court make?

The result of consideration of administrative cases may be:

  • resolution;
  • decision;
  • resolution.

And each of these formats of the court decision can be appealed in accordance with the norms of the Civil Court in the appellate instance.

To which court is the appeal filed?

According to Article 292 of the Civil Code, the appellate court in administrative cases is the appellate administrative court within the jurisdiction where the court whose decision will be appealed is located. Also, the Supreme Court has the authority to review in the order of appeal those decisions of appeal courts, which were last adopted as courts of the first instance.

And Article 293 contains an important thesis that the decision can be appealed both in full and in part. So if you are not satisfied with the whole decision, but some part of it, it can be subject to appeal.

What are the terms of the appeal?

The terms of the appeal are detailed in Article 295 of the Civil Code. An appeal can be filed against a court decision within 30 days, and against a decision within 15 days. The term begins to be calculated from the moment when the decision was announced. But if only the introductory and final parts of the decision or resolution were read in court, then in such cases, the calculation of the term starts from the day when the full decision was made.

 

Why should you contact us?

Specialists of the law office "Prikhodko&Partners", supporting such client requests, fully analyze the practice of the courts in a specific case and provide turnkey services in the appeal of a court decision. We are used to focusing on the result. Therefore, we build such a strategy for representing your interests, which leads to the desired resolution.

Contact us - and the help of professional lawyers will greatly simplify your life and save a lot of time and nerves. Fill out the form on our website and our lawyer will contact you shortly.

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