Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Appealing decisions of local government bodies
When can you appeal decisions of local government bodies?
Every citizen of our state has the opportunity, guaranteed by current national legislation, to appeal decisions, actions or inaction of local self-government bodies (hereinafter referred to as local self-government bodies), as well as their officials and employees in accordance with the provisions of Article 55 of the Constitution. As a general rule, you can appeal them if:
- they violate the freedoms and legitimate interests of individuals and legal entities;
- contradict current legislation;
- there was an abuse of authority by an official or official.
When considering the issue of possibilities of appealing decisions of local government bodies, it is worth emphasizing that today there is a pre-trial and judicial procedure for this procedure. Specialists of “Prikhodko & Partners” provide legal assistance regardless of which procedure was chosen.
Consultation with a specialized lawyer
What is the deadline for appealing decisions of local government bodies?
Specific deadlines are established in the legislation, in particular in the Law of Ukraine “On Citizens’ Appeals” (which provides for the possibility of filing a complaint with a higher authority) and the Code of Administrative Procedure. In particular, a complaint may be filed with a higher authority or official within one year from the date of its adoption, but no later than one month after the citizen became familiar with it. If a person has not received the desired result after considering such a complaint, he or she may appeal the decision of the local government to the administrative court within six months from the date on which he or she learned about the decision taken against him or her (Article 122 of the Code of Administrative Procedure).
Procedure for appealing decisions of local government bodies
To appeal decisions of local government bodies that violate the legitimate interests of citizens, a clear procedure is provided for in accordance with the law. Below we will consider each of the possible options.
Firstly, in a pre-trial procedure. It is implemented by filing a complaint with a higher body of departmental subordination, by sending an appeal to a higher official. The requirements for the form and content of such a complaint, which is subject to mandatory consideration, are determined in the current national legislation. As a rule, bodies or officials must consider such appeals within a month and notify the citizen of the result by sending a written notification. There are cases when complaints are considered faster, but only for privileged categories of citizens, such as: persons recognized as Heroes of Ukraine; persons with disabilities as a result of the war, etc.
Secondly, the judicial procedure. Citizens and legal entities can directly apply to the court of administrative jurisdiction if the decision taken on the complaint does not satisfy them (or if there is no higher authority to which it would be worth filing an appeal). In this case, a statement of claim and annexes to it are prepared, the requirements for which are defined in Articles 160 and 161 of the Code of Administrative Procedure of Ukraine. In particular, copies of decisions previously taken by the local government, as well as other documents necessary for considering the case as evidence of violations, are attached to the claim. Lawyers of the law firm “Prikhodko and Partners” have many years of experience in appealing such decisions in court, and therefore can provide professional advice and support for the successful completion of all due procedures and protection of your interests.
Responsibility for illegal decisions and actions of local government bodies
Local self-government bodies and their officials are responsible for their activities before legal entities and individuals, as provided for in Article 74 of the Law of Ukraine “On Local Self-Government in Ukraine”. This regulatory legal act stipulates their obligation to compensate for damage to citizens (civil liability):
- if it is caused by unlawful decisions;
- which is compensated at the expense of the budget or the own funds of the officials of the body.
In addition to the liability specified above, administrative and criminal liability (for crimes committed by officials and service personnel) may arise for local self-government bodies. It is multi-level and provides for both legal and financial mechanisms for restoring the rights of citizens and organizations. It is important to responsibly approach the preparation of a complaint or lawsuit against a decision of a local self-government body in order not only to protect your rights, but also to obtain compensation for the damage caused. The relevant specialist of our law firm can help you with this and other issues.
Therefore, every citizen has the legal right to appeal decisions of local government bodies if they violate their legitimate interests, contradict the law, or are adopted in excess of their powers. It is important to properly prepare all necessary documents for the appeal in order to effectively protect your rights and bring the body and its officials to civil, administrative, or criminal liability, respectively.
We advise you to contact the qualified lawyers of “Prikhodko & Partners” to receive professional legal assistance in disputes with local government bodies. To find out the cost of legal support, fill out the form below.
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Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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