Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Challenging the actions of the Security Intelligence Service, Security Service, Police
Very often there are situations when it is necessary to challenge the actions of representatives of the Security Service of Ukraine, the Security Service of Ukraine, the Security Service, the Police. This issue is quite complex, and therefore it is necessary to enlist the support of real professionals – Prykhodko and Partners. Let’s consider the specifics of challenging the actions of law enforcement agencies and structures using the example of the police.
Legislative regulation of police activity
The activities of police officers in Ukraine are regulated by the Law of Ukraine “On the National Police”, as well as some additional legal acts.
Sometimes representatives of law enforcement agencies do not follow the legal principles and norms assigned to them while performing their duties. It is in such cases that it will be necessary to challenge their actions. It is quite difficult to do it on your own. It is better to use the help of highly qualified lawyers. Lawyers Prykhodko and Partners will provide the necessary legal assistance exclusively within the current legislative framework.
Ways of challenging the actions of the police
Before proceeding directly to the question of appealing the actions of law enforcement officials, you should choose the method of appeal. This can be an administrative or judicial option.
For example, if there is a need to appeal a decision on an administrative violation, in accordance with the current legislation (Article 288 of the Code of Administrative Offenses), an appeal is prepared to:
- The police body, higher by subordination.
- Court on the basis of the submission of the relevant claim statement.
Algorithm for challenging the actions of law enforcement officers
Actions by law enforcement officers that can be appealed include:
- Temporary seizure of the vehicle.
- Disqualification of the driver from driving a car.
- Examination of the driver to determine the state of drug or alcohol intoxication.
Important: complaints filed with higher-level law enforcement agencies do not always help. This approach, most likely, will only lead to a significant waste of time and nerves.
According to Article 19 of the Law of Ukraine “On the National Police”, law enforcement officers may bear civil, administrative and disciplinary liability. As for damages that were caused to a person by inactivity or illegal actions, their compensation is assumed by the state.
As for the term of appeal of resolutions, it is up to 10 days from the moment of its issuance.
This period is devoted to the preparation and submission of documents that will be needed to substantiate the illegality of the police officers’ actions.
The submitted application must be considered as quickly as possible. The maximum term is up to 15 days. In some cases, this term may be extended up to one month with the knowledge of the applicant. The applicant must be notified in writing about the results of the inspection and the decision made.
Assistance of professional lawyers in challenging the actions of the police
The assistance of lawyers begins with the preparation of a document challenging the illegal actions of representatives of law enforcement agencies. Current legislation clearly regulates the form of the claim statement. Lawyers Prykhodko and Partners will issue it in accordance with the requirements of current procedural legislation.
We will be able to protect your rights and will not allow any arbitrariness on the part of law enforcement officials. Our lawyers have an effective action algorithm to protect the rights of each client.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of lawyers’ services for appealing against the actions of the State Security Service, the State Security Service, the police, fill out the form below.
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