REIMBURSEMENT OF LEGAL AID COSTS IN ADMINISTRATIVE VIOLATION PROCEEDINGS

 Advocacy bureau “PRIKHODKO AND PARTNERS” in its practical activities often protects individuals in cases of administrative offenses. Authorized entities at the stages of identification, fixing and consideration of an administrative case, often commit actions in violation of applicable law.

 In connection with the commission of unlawful actions, a person who is held administratively liable has the right to compensation for harm caused, in accordance with the Law of Ukraine “On the procedure for compensation for harm caused to a citizen by unlawful actions of an organization, which carries out a quick investigation, a preliminary investigation. prosecutors and courts. "

 According to art. 3 of the Law, the person in respect of whom unlawful actions were taken shall be compensated for the amounts paid by the citizen in connection with the provision of legal aid to him.

 The law defines a limited list of illegal actions of authorized entities, in the case of which the person has the right to compensation of incurred costs of legal assistance. To such actions, respectively, to art. 1 Laws include:

• illegal use of administrative arrest or correctional labor;
• illegal confiscation of property;
• illegal fine.

 At the same time, the right to compensation arises only in the case of closure of the administrative case.

 Thus, a person can apply for compensation for expenses incurred for legal aid in the framework of the Law of Ukraine “On the procedure for compensation for harm caused to a citizen by illegal actions of the parties, which are carrying out a quick search of the goods for the sale of the goods,” The measures provided for in Art. 1 Law.

 Obviously, this approach is unfair and such that it does not comply with the principle of the rule of law, since other illegal acts by officials may be committed against the person in the framework of the case of administrative violation, in connection with which the person seeks legal assistance.

 The courts, in practice, actively use this deficiency of the Law and refuse to satisfy the application for compensation for the costs of legal assistance.

 What to do in this situation?

 To compensate for the costs of legal aid in connection with the commission of illegal acts by the public authorities and the local self-government, you can also avoid the application of the Law of Ukraine “On the procedure for compensation for harm caused to a citizen by illegal investigations.” and courts. "

 In this case, you need to refer to the provisions of the Constitution of Ukraine and the Civil Code of Ukraine.

 Article 56 of the Constitution of Ukraine guarantees to everyone the right to compensation at the expense of the state or local self-government bodies for material and moral harm, which are inflicted by unlawful decisions, actions or omissions of public authorities, authorities and their powers. And taking into account that the provisions of the Constitution are direct acts, for a person to file a claim with the court for compensation for the costs of legal assistance, even one basic norm is sufficient.

 Article 1176 of the Civil Code of Ukraine stipulates that the harm inflicted on an individual as a result of an unlawful administrative penalty in the form of arrest or correctional labor shall be fully supported by the state, irrespective of the fault of the civil servants, and civil servants , prosecutors or courts.

 Damage caused to an individual or legal entity as a result of another illegal act or inaction or illegal decision of an organization that commits an operative-investigative activity by the investigating authorities, prosecutors or the court is compensated on a general basis.

 Thus, it is possible to compensate for the costs of legal aid, even if the administrative penalties provided for in Art. 1 Law, and other illegal acts were committed from the side of authorized authorities. The basis for such compensation is directly the norm of the Constitution and the Civil Code of Ukraine.