Administrative lawsuit to challenge the decision/actions/inaction of the subject of authority

If a subject of authority has caused violations of the rights, freedoms, and interests of a citizen of Ukraine by his decisions, actions, or inaction, then the latter has the right to apply to the administrative court in accordance with the procedure established by the KASU.

However, for this, an administrative lawsuit should be drawn up correctly. What shows the relevance of this topic today.

Therefore, in this informative article, lawyers from the “Prikhodko and Partners” law firm will help you understand the specifics of drafting an administrative lawsuit in cases related to challenging the decisions, actions, or inaction of a subject of authority.

Who should be attributed to the subject of power?

• territorial bodies of state power of Ukraine;
• territorial bodies of the Autonomous Republic of Crimea;
• OMS;
• officials of these bodies;
• subjects of delegated authority, if at the same time they perform management functions.

Therefore, it is the decisions, actions and inaction of these bodies that can be appealed in the order of administrative proceedings.

What are the peculiarities of drafting an administrative lawsuit?

First of all, it should be noted that a citizen must submit an administrative lawsuit to the local administrative court in the form of a written statement of claim.

Such a lawsuit can be filed by a citizen (plaintiff) personally, as well as his legal representative (for example, a lawyer).

In addition, the statement of claim can also be sent to the court by postal means or submitted through the online system “Electronic Court”.

In an administrative lawsuit, a citizen can ask for us obtuse, namely:

• on annulment or invalidation of the defendant’s decision in whole or in part;
• about the defendant’s obligation to make a certain decision or take appropriate actions;
• on the defendant’s obligation to refrain from certain actions that violate current Ukrainian legislation;
• about recovery from the defendant of the appropriate sum of money for the damage caused as a result of his illegal decision, action or inaction;
• about the performance or non-performance of a certain action;
• about the establishment of the relevant powers or their lack of the defendant to make a decision or act.

In addition, in the administrative claim, the citizen must specify the following information, namely:

• the full name of the judicial authority to which the claim is filed;
• full name of the plaintiff (name, e-mail, postal address, means of communication, RNOCPP) and the defendant (position and place of work of an official of the subject of authority, postal address, means of communication, e-mail);
• the essence of the claim and the content of the claims that must be stated in it, as well as a description of the events and facts with which the claimant substantiates its claims;
• a list of all materials and documents that must be attached to the application (for example, documents confirming the authority of the plaintiff’s representative if he files a lawsuit in court; evidence base; receipts for the payment of the court fee; request for exemption from the payment of the court fee, if the plaintiff has this is the basis provided by the current legislation, etc.).

Pay attention! The statement of claim, all documents and materials attached to it must be provided in the amount that exists in the case of the defendants and third parties, so that everyone can familiarize themselves with the requirements set forth in the claim.

If you have any questions regarding the specifics of drafting an administrative claim, in this case, contact the lawyers from the Prikhodko and Partners law firm for help.

Our team includes only experienced and highly qualified specialists who will be able to provide professional legal support at all stages of drafting an administrative claim, submitting it to judicial authorities, and representing the interests of a person directly in the courtroom.

Thanks to an individual approach to each client, we guarantee high-quality services and maximum efficiency in solving your case. So don’t delay and contact us!