COMPENSATION OF DAMAGES CAUSED BY ILLEGAL ACTIONS BY STATE AUTHORITIES

In anyone's life, there may be situations where damages need to be compensated as a result of unlawful actions by government authorities. This may include, for example, the illegal actions of customs, the Security Service of Ukraine (SBU), the tax authority, or the migration service. In such cases, it is important not to accept the circumstances as inevitable. It is crucial to protect your interests and ensure full compensation for the damages caused by government authorities. The lawyers of "Prikhodko & Partners" are here to help you.

Unlawful Actions of Government Authorities: Legal Framework

According to Article 19 of the Constitution of Ukraine, all government authorities must act exclusively on the basis, in the manner, and within the powers provided by the laws and the Constitution of Ukraine.

Articles 1166 and 1167 of the Civil Code of Ukraine state that damages caused to a legal entity or individual as a result of unlawful actions by government authorities are compensated by the party whose fault has been proven.

Important: Damages caused by actions, omissions, or unlawful decisions of government authorities are compensated by the state only in cases of illegal actions (Article 1176 of the Civil Code of Ukraine):

• Illegal detention.
• Unlawful imposition of administrative penalties (correctional labor, arrest, etc.).
• Wrongful conviction.
• Unlawful application of preventive measures.
• Unlawful prosecution.

Damages caused by unlawful actions of government authorities are compensated under Article 1174 of the Civil Code of Ukraine.

Important: The obligation to compensate the victim lies not with the official whose actions, omissions, or unlawful decision caused the damage, but with the state.

Thus, the court protects the rights, interests, and freedoms of individuals and legal entities, as well as public and state interests, in the manner prescribed by current Ukrainian legislation.

Proving Damages Caused by Unlawful Actions of Government Authorities

The grounds for liability for the damage caused are:

• Fault.
• The presence of damage.
• Unlawful behavior by representatives of government authorities.
• A causal link between the unlawful behavior and the damage caused.

The victim must prove the existence and amount of the damage. Note: In cases of damage, the presumption of guilt may apply. According to part two of Article 1166 of the Civil Code of Ukraine, the person accused of causing damage may be exempt from compensation if they can prove that the damage was not their fault. In this case, the person who caused the damage must prove their innocence.

How is the amount of damage to be compensated determined? It depends on the real value of the lost property at the time the work needed to restore damaged items is performed or at the time the case is reviewed.

In civil cases, the amount of damage differs from commercial cases. According to Article 225 of the Commercial Code of Ukraine, damages are not only the value of property (damaged, lost, or destroyed) but also additional expenses incurred by the injured party. This includes, for example, loss of profit, moral damage, and more.

If the offending party refuses to compensate for the damages, the injured party can go to court to protect their rights and interests. To conduct an effective court case, evidence must be provided, such as proof of actual damages and documentation of their amount (receipts, invoices, certificates, etc.).

The right step toward achieving the desired result is professional protection of the victim's interests. The specialists of "Prikhodko & Partners" can develop a solid strategy to protect your interests in court and ensure compensation for damages caused by unlawful actions of government authorities.

How We Will Work

Step 1: Contact Us. To start, you just need to fill out the form on our website or give us a call. We will get in touch with you immediately to clarify the details.

Step 2: Get a Consultation. After the initial contact, we will schedule a convenient time for a consultation. The consultation will continue until all your questions are answered. During it, you will be able to describe your situation, and we will provide you with an initial case assessment and the prospects for its fastest resolution.

Step 3: Strategy Development. Based on the information provided, we will develop an individual plan that takes into account all the specifics of your case. You will learn about the specific steps we will take to ensure the desired result and a successful outcome in court.

Step 4: Legal Support. After the strategy is approved, we begin working. Our lawyers handle your case from start to finish, ensuring the protection of your interests at every stage—from document preparation to court representation.

Step 5: Achieving Results. Upon completing the case, you will receive a detailed report of the work done and, most importantly, the resolution of your problem. We will support you until you get the desired result and all issues are resolved.

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