ADMINISTRATIVE LAW PRACTICE
Administrative Law Attorney
Representation in public-law disputes with government authorities, local authorities and other public bodies exercising statutory powers.
Kharkiv · Kyiv · Odesa
Since 2012
legal practice
Disputes with public authorities
decisions · actions · inaction
Courts at all levels
first instance · appeal · cassation
ADMINISTRATIVE LAW
Administrative disputes we handle
An administrative dispute arises where one party is a public authority or official exercising statutory powers. The attorney’s task is to identify the appropriate remedy, comply with procedural deadlines and establish the unlawfulness of the challenged decision, action or inaction.
01
TCC and military registration
Challenges to decisions, actions and inaction of Territorial Recruitment and Social Support Centres (TCCs), including military registration and the exercise of deferment rights.
02
Military Medical Commissions
Legal review of Military Medical Commission findings, medical examination procedures and challenges where legal grounds exist.
03
Migration Service decisions
Refusals, cancellation of documents, citizenship and residence permit matters, and other decisions of migration authorities.
04
Pension and social-benefit disputes
Challenges to decisions and inaction concerning pensions, social payments, benefits and other statutory public entitlements.
05
Police and administrative authorities
Challenges to individual decisions, actions and inaction of authorities and officials that infringe the client’s rights.
06
Enforcement Service
Disputes concerning decisions, actions or inaction of state enforcement officers where provided by law.
07
Local government
Disputes with local councils, executive bodies and officials concerning the exercise of public powers.
08
Registration and permit procedures
Refusals, inaction and disputed decisions in administrative procedures involving documents, registration and permits.
09
Tax and regulatory authorities
Administrative and judicial challenges to individual decisions of regulatory authorities within the scope of our practice.
10
Other public-law disputes
Representation of individuals and businesses in disputes with public authorities where a decision, action or inaction infringes the client’s rights.
CLIENT’S ISSUE
What happened?
In an administrative case, the key issue is the specific exercise of public authority — a decision or inaction that has affected the client’s rights.
01
A refusal was issued
An authority refused a document, status, payment, registration or the exercise of another right.
02
An unlawful decision was made
The legal grounds, procedure and possibility of setting aside the individual decision must be assessed.
03
The authority does not respond
An application or request has not been considered, no decision has been made, or a statutory duty has not been performed.
04
The authority must be compelled to act
The objective is not only to establish a violation but also to obtain performance of the action required by law.
05
The procedure was breached
The decision was made without required documents, proper verification, due notice or in breach of another procedural requirement.
06
A deadline is approaching or has passed
The applicable filing deadline, consequences of missing it and possible grounds for restoration must be determined.
ADMINISTRATIVE PROCEEDINGS
From an authority’s decision to a legal strategy
01
Establish the decision and date
Obtain the document, establish when it was served or when the client learned of the violation, and verify the applicable deadlines.
02
Define the subject of the dispute
Identify what is being challenged — a decision, action or inaction — and which authority is the proper defendant.
03
Review the procedure
Review the authority’s powers, legal grounds, decision-making process, documents and compliance with the prescribed procedure.
04
Build the evidence
Documents, requests, official responses, medical and other materials, electronic data and other admissible evidence.
05
Select the appropriate remedy
Administrative appeal, court claim, interim relief or another procedural remedy, depending on the circumstances.
06
Conduct the court proceedings
Representation, procedural filings, appeal or cassation, and further steps required to enforce the judgment.
DECISION · ACTION · INACTION
What can be challenged
In an administrative dispute, it is not enough to argue that a public authority acted unfairly. The specific subject of the challenge must be identified: an individual decision, an action taken, or inaction by a public authority.
This determines the relief sought, the proper defendant, the evidence and the means of restoring the infringed right. In one case the objective may be to set aside a decision; in another, to have inaction declared unlawful and compel the authority to take specified action.
Before filing, we separately assess jurisdiction, procedural deadlines, any mandatory or strategically appropriate pre-court procedure, and the need for interim relief.
DEADLINES AND RISKS
Timing matters in administrative disputes
Different categories of administrative cases are subject to different filing deadlines and special procedures. There is therefore no single universal deadline for every dispute with a public authority.
01
Decision date
When the decision was made, served or became known to the client.
02
Applicable deadline
The filing period applicable to this particular category of dispute.
03
Pre-court appeal
Whether it is mandatory, affects the deadline, and is strategically worthwhile.
04
Interim relief
Whether urgent measures are required before the dispute is determined on the merits.
OBJECTIVE OF REPRESENTATION
Possible outcomes of an administrative case
The legal objective is determined after reviewing the specific decision, procedure, evidence and applicable law. The outcome of court proceedings cannot be guaranteed in advance.
Declaration that an individual decision is unlawful and setting it aside
Declaration that an authority’s actions are unlawful
Declaration that an authority’s inaction is unlawful
Order requiring a public authority to take specified action
Reconsideration of an application or matter in accordance with the court’s findings
Restoration of an infringed public-law right
Removal of unlawful restrictions or consequences of a decision
Representation of the client’s position on appeal and cassation
Further steps to secure enforcement of the court judgment
ADMINISTRATIVE LAW ATTORNEY
Hennadii Laguta
Attorney · Managing Partner at MAGISTERS
Legal practice since 2012. Representation in administrative disputes with public authorities, including migration, military and other public-law matters.
FEES
Legal fees
Fees depend on the category of dispute, urgency, volume of documents, procedural stage and scope of work required.
Consultation
from UAH 1,000
Document preparation
from UAH 2,500
Court representation
from UAH 15,000
Comprehensive case handling
from UAH 20,000
FAQ
Frequently asked questions
Key questions that commonly arise before challenging an authority’s decision or filing an administrative court claim.
Can a decision of a public authority be challenged?
Yes, where a decision, action or inaction affects rights or legitimate interests and there are legal grounds for challenge. The appropriate remedy depends on the authority, the nature of the decision and the applicable procedure.
How long do I have to file with an administrative court?
There is no single deadline for all administrative disputes. The applicable period depends on the category of case, the nature of the decision and when it was received or the violation was discovered. Dates and documents should therefore be reviewed at the outset.
Must I first appeal to a higher administrative authority?
Not in every category of case. In some matters a pre-court procedure is prescribed by law; in others, a claim may be filed directly with the court. We also assess whether an administrative appeal is strategically worthwhile.
Can a disputed decision be suspended while the case is pending?
Where permitted by law, interim relief may be sought. The court assesses the legal grounds, proportionality of the measure and risks arising from enforcement of the disputed decision before the case is determined.
What if a public authority does not respond at all?
First, the application, filing date and the authority’s legal duty to act are documented. The appropriate challenge to the inaction and the relief capable of effectively restoring the infringed right can then be determined.
Do you handle administrative cases in other regions of Ukraine?
Yes. Our principal practice locations are Kharkiv, Kyiv and Odesa, and administrative cases can also be handled in other regions of Ukraine where required.
CONFIDENTIAL
Need to challenge an authority’s decision or inaction?
Describe the situation and send the available documents. In an administrative dispute, it is important to identify the subject of the challenge, the decision date, the applicable deadline and the available remedy from the outset.
Information disclosed to an attorney is protected by attorney-client privilege.