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An Iryna

Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

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Administrative law

Today, the issue of drafting resolutions on administrative offenses, or rather their appeal for revocation, is quite relevant. Decisions on administrative offenses cover a wide range of issues, and can be about violations of traffic rules, rules of stopping, parking, parking vehicles, violation of quarantine conditions and non-payment of alimony.

Lawyers for administrative cases on the right to appeal against the decision on administrative offense

Article 287 of the Code of Administrative Offenses of Ukraine stipulates that a decision on an administrative offense may be appealed by a prosecutor in the cases provided for in part 5 of Article 7 of the Code of Administrative Offenses, the person against whom it was issued and the victim.

To revoke a decision on an administrative offense, it is necessary to file a statement of claim with the city district court independently or with the help of the services of a lawyer for administrative offenses, with a corresponding request for its revocation.

Resolution of another body (official) on imposition of an administrative penalty, decision on a case of administrative offense in the field of road safety, recorded automatically – in a higher body (higher official) or in a district, district in the city, city or city district court , in the manner prescribed by the CAS of Ukraine, with the features established by the CAS of Ukraine.

Usually, an appeal in the field of traffic safety can be appealed within 10 days from the date of its preparation, or within 10 days from the date of receipt of a copy (depending on the circumstances).

The Code of Administrative Procedure of Ukraine sets a six-month period for applying to the court.

Recommendations of a lawyer for administrative cases regarding the appeal of the decision on administrative offense?

  • First, it is necessary to get acquainted with all the circumstances and materials of the case on which the decision on an administrative offense. It is necessary to take into account whether the authorized persons complied with all necessary regulations, when drawing up a report on an administrative offense or when making a relevant decision, whether there is all available evidence that can prove the guilt of a person in an administrative offense.
  • Secondly, it is necessary to analyze the relevant regulations related to the administrative offense that relate to your case and whether they have been violated. At the same time, it is necessary to conduct a detailed analysis of current case law concerning your situation.

Main stages of administrative lawyer protection during the cancellation of an administrative offense

Analysis of the circumstances set out in the decision on an administrative offense;

Consultation with a detailed explanation of the legal aspects relevant to the case;

Preparation for appeal against the decision on administrative violation, collection of evidence in the case.

Detailed analysis of the circumstances set out in the decision on an administrative offense .;

Analysis of judicial practice regarding the application of the norms established by the Code of Ukraine on Administrative Offenses and the Code of Administrative Procedure of Ukraine;

Preparation and filing of a lawsuit in court;

Participation in court hearings;

Obtaining a court decision.

Revocation of the decision on an administrative offense has certain features, ranging from the preparation of the statement of claim, examination of the evidence base, analysis of current case law, ending with the payment of court fees, so as not to be illegally prosecuted – we advise you to contact an administrative lawyer it is in the field of appealing against decisions on administrative offenses.

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