Administrative case – a public law dispute referred to the decision of an administrative court, in which at least one party exercises public authority management functions, including the exercise of delegated powers, and the dispute arose in connection with the performance or non-performance of these functions by such a party, or at least one party provides administrative services on the basis of legislation, authorizes or obliges to provide such services exclusively to the subject of power, and the dispute arose in connection with the provision or non-provision of such services by such a party.
Also, an administrative matter is a dispute regarding the violation by a subject of power or another person of the rights of a subject of an electoral process or a referendum process.
Thus, a feature of administrative cases is the presence of a private element (citizen, legal entity of private law, etc.) and a public element (subject of power) in the composition of their participants.
Such disputes are usually initiated by a private party. Administrative courts have jurisdiction over the following categories of disputes: on recognizing illegal and invalid a normative legal act or its individual provisions, recognizing and repealing an individual act or its individual provisions, recognizing the actions of the subject of power as illegal and the obligation to refrain from performing certain actions, recognizing the inaction of the subject of power powers unlawful and the obligation to perform certain actions, establishing the presence or absence of competence (powers) of the subject of power, disputes, arising from the conclusion, execution, termination, cancellation or invalidation of administrative contracts, disputes over the admission of citizens to public service, its passage, dismissal from public service, disputes of individuals or legal entities with the manager of public information regarding appealing his decisions, actions or inaction in terms of access to public information and others. Any decisions, actions or inactivity of the subjects of authority may be appealed in court.
Another feature of this category of cases is that in disputes about the unlawfulness of decisions, actions or inaction of the subject of power powers, the responsibility to prove the legality of his decision, action or inaction is imposed on the defendant, i.e. on the subject of power.
Administrative cases are considered by local administrative courts, as well as by district administrative courts in accordance with the delineation of subject jurisdiction established by the Code of Administrative Procedure of Ukraine.
Method
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Your appeal
At the first contact, with the help of the communication means indicated on the website, the lawyer clarifies the essence of the legal issue, and also determines the amount of documents required for submission by the client.
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Consultation
Legal advice is carried out at a personal meeting, at which the lawyer explains the issues of interest to the client, suggests possible ways to solve them and accepts the relevant documents for more detailed acquaintance.
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Study of documents
The legal assessment of the documents provided by the client is carried out in order to finally determine the legal position on the case, inform the client about it, as well as agree on the scope of services provided.
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Conclusion of the contract
Advocacy is carried out on the basis of an agreement on the provision of legal assistance, which is concluded in writing and regulates the conditions and procedure for the provision of advocate services.
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Preparation of procedural documents
In order to protect and exercise the rights of the client, the lawyer draws up statements of claim, appeals and cassation complaints, petitions, inquiries, claims, as well as other procedural documents.
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Representation of your interests
When carrying out advocacy, an advocate has the right to perform any actions that are not prohibited by law, the rules of advocate ethics and an agreement on the provision of legal assistance necessary for the proper execution of an agreement on the provision of legal assistance.