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.
Procedure for appealing the decision of the regulatory authority
Which regulatory bodies’ decisions can be appealed?
Appealing decisions of regulatory bodies is carried out in relation to acts adopted by state bodies that exercise control in various spheres of life (for example, tax, customs services), and is one of the most effective ways to protect violated human rights. Such a process can take place in relation to decisions of such regulatory bodies as:
- State Tax Service of Ukraine (for example, tax notices-decisions, fines for late payment of tax obligations);
- Antimonopoly Committee of Ukraine (regarding violations of antimonopoly legislation, recognition of collusion at auctions, etc.);
- State Labor Service of Ukraine (for example, fines, documented inspection results, etc.);
- National Commission for Regulation of Energy and Municipal Services of Ukraine (notifications on electricity tariffs, imposition of sanctions for non-compliance with licensing conditions for conducting relevant economic activities, etc.);
- other state bodies that perform control functions in various areas.
Currently, there are two main ways to appeal decisions, namely administrative (preparation of a complaint) and judicial (formulation and submission of a statement of claim). The grounds for such an appeal may be various situations when the decision concerned:
- first, violation of current national legislation;
- second, excess of authority by an official or official (or his territorial subdivisions);
- third, incorrect application of legal norms (use of invalid provisions, norms that do not apply to the relevant category of citizens, etc.);
- finally, insufficient justification.
Appealing decisions of regulatory bodies in administrative procedure
Administrative appeal is a way to review illegal or unfounded decisions without going to court. This method is faster and less expensive than going to court. It consists of the following mandatory steps:
- preparation of a complaint with an explanation of the violation to a higher authority. The complaint must include the name of the complainant with the mandatory indication of contact details for sending a response to the complaint, the essence of the contested decision, justification of illegality, a request for cancellation or amendment, attachments (copies of documents confirming the legal position regarding the violation of rights and legitimate interests);
- filing a complaint within the period prescribed by law and to the body to which the institution that issued the relevant decision is subordinate. The complaint is filed in person, by mail or online, and the deadline for its submission may vary depending on the supervisory authority (for example, a complaint against a territorial tax office can be filed with the State Tax Service within ten calendar days from the date of receipt);
- consideration of the complaint in the body that received it. It can be considered approximately from ten to thirty days, but in complex cases the deadline may be extended. This issue is resolved in accordance with the current national legislation, which determines the powers of the relevant supervisory authority;
- receiving a written response based on the results of the complaint review. In particular, the complainant’s claim may be satisfied (including partially), or denied.
Appealing decisions of regulatory bodies in court
If the administrative appeal is unsuccessful, the person has the right to appeal to the court. Appealing in court is characterized by greater independence, but also greater expense in terms of financial resources (taking into account the costs of legal assistance, payment of court fees, etc.). The specified procedure chronologically looks as follows:
- professional preparation of a statement of claim indicating the legal justification for the violation of the law, requirements and annexes (in the form of a copy of the contested decision, evidence base, receipt for payment of the court fee, confirmation of sending copies of documents to all participants in the case, etc.);
- filing a claim with the court at the location of the regulatory body within the period prescribed by law. Thus, in accordance with the provisions of the Code of Administrative Procedure of Ukraine, a person may file a claim against the regulatory body within six months from the moment he became aware of the violation of his rights;
- consideration of the case in court (a preparatory meeting is held to verify the availability of all documents and evidence in the case, the main meeting to consider the arguments and make a decision).
- appeal (cassation appeal) of the decision of the court of first instance (if necessary).
Assistance from lawyers of “Prikhodko & Partners” in cases of appealing decisions of regulatory authorities
It is important to have qualified legal support for appealing decisions of regulatory bodies. Therefore, qualified lawyers of “Prikhodko & Partners”, having considerable experience and using a comprehensive approach to resolving each client’s request, are ready to provide a number of professional legal services, primarily:
- legal advice on the practice of applying legislation to appeal decisions of regulatory authorities;
- legal analysis of the decision of the regulatory authority;
- preparation of documents for appeal;
- representation of the client’s interests in court.
Thus, it is possible to appeal the decisions of a wide range of regulatory bodies that exercise state control in various areas. The main grounds for appeal are violation of current legislation, excess of authority, and insufficient justification of the decision. The law provides for administrative and judicial procedures for this procedure.
We recommend contacting qualified lawyers of “Prikhodko & Partners” who have experience in appealing decisions of regulatory authorities. This will not only help you save your own efforts, but will also contribute to the effective protection of the violated right. To find out the cost of legal support, fill out the form below.
Calculate the cost of services
1 question
Have you already received a written decision from the regulatory authority?
2 question
Has it been less than 10 business days since you received the inspection report?
3 question
Have you already filed an administrative complaint against a decision of a regulatory authority?
Is a subscriber form of service possible to quickly resolve issues as they arise?
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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