Ways and procedure of appealing a decision on an administrative offense

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 18.08.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

A resolution on an administrative offense

A resolution on an administrative offense is a document adopted by an authorized body or an official in the event of an administrative offense. This is a procedural act that documents the fact of violation of administrative legislation and determines sanctions or other consequences for the person who committed the offense.

Ways to appeal the decision:

The appeal of a decision on an administrative offense in Ukraine is governed by Art. 288 of the Labor Code of Ukraine. Here is a detailed description of the possible ways and bodies of appealing the resolution:

• Resolution of the administrative commission: If the settlement has an executive committee, the resolution of the administrative commission can be appealed to the executive committee of the corresponding council. In settlements where executive committees have not been established, the resolution may be appealed to the executive bodies exercising their powers. It is also possible to appeal to the district, district in the city, city or city-district court in the manner specified by the Code of Administrative Procedure of Ukraine.
   
• Decision of the executive committee or executive bodies of the village, settlement, city council: The decision of the executive committee (or executive bodies) may be appealed to the relevant council. An appeal is also possible in court under the procedure of administrative proceedings, defined by the Code of 
• Administrative Proceedings of Ukraine, with features established by the Code of Administrative Procedure.
  Resolution of another body or official: The resolution in the case of an administrative offense may be appealed to a higher body or official. It is also possible to appeal in court in the manner determined by the Code of Administrative Proceedings of Ukraine, with features provided for by the Code of Criminal Procedure.
   
• Resolution of the parking inspector: The resolution of the parking inspector on the imposition of an administrative penalty may be appealed directly to the district, district in the city, city or city-district court in the manner specified by the Code of Administrative Procedure of Ukraine.

Content of the complaint against the resolution:

A complaint against a decision on an administrative offense is an important document that is submitted to challenge the decision to a higher authority or court. The content of such a complaint must be clear, structured and comply with legal requirements. Here are the main elements that should be included in the complaint:

1. Title: "Complaint against the decision of the executive committee/executive bodies of the council".
    
2. Applicant data: Surname, first name, patronymic, address, contact information.
    
3. Data on the decision: Number, date, body that made the decision.
    
4. Description of the offense: A brief summary of the essence of the offence.
    
5. Grounds for appeal: Reasons why the decision is illegal or unreasonable.
    
6. Evidence: List of documents and evidence.
    
7. Request: Specific requirements to the body or court.
    
8. Signature and date.

Consequences of appealing the resolution:

Consideration of a complaint against a decision on an administrative offense has several possible consequences, which depend on the decision of the body or official considering the complaint. Here are the main consequences of considering a complaint:

1. Leaving the resolution unchanged, and complaints without satisfaction: The decision on an administrative offense remains valid. A person who is subject to an administrative penalty must comply with the requirements of the resolution (for example, pay a fine). If a person does not agree with the decision, he can submit a new complaint to a higher authority or court, if this is provided for by law.
    
2. Cancellation of the resolution and sending the case for a new consideration: The case is sent for a new consideration to the same or another body. A new investigation may be conducted, documents reviewed, new evidence collected. After a new review, a new decision can be issued, which can be either similar or different from the previous one.
    
3. Revocation of the resolution and closure of the case6 The resolution is revoked, and the case no longer has legal force. The person is considered innocent of the offense that was the subject of the investigation. Administrative penalty is not applied.
    
4. Change of penalty: The penalty (for example, a fine) is changed, but not increased. The resolution remains in force, but with new conditions or the amount of the penalty. The person must fulfill the new conditions or pay the new penalty amount.

Assistance of a lawyer in the process of appealing a resolution:

The services of a lawyer can provide comprehensive assistance in appealing a decision on an administrative offense, ensuring the correctness and efficiency of the process. Here are the main types of legal services:

Legal analysis of the situation and the decision: A lawyer analyzes the decision to determine whether all procedural requirements have been followed and whether the correct rules of law have been applied. It is checked whether the evidence on which the decision is based is sufficient and admissible.

 

Lawyer consultation and defense strategies: The lawyer services online advises the client about possible legal consequences and avenues of appeal. This includes assessing the chances of success of the appeal and developing a strategy. A lawyers online develops a strategy for an appeal, which may include preparing arguments, gathering evidence, and determining the most effective way to appeal.

 

 Legal services for the preparation and submission of a complaint: The lawyer help prepares the complaint in accordance with all the requirements of the law, including the correct formulation of the reasons for the appeal and the inclusion of all necessary documents. The lawyer submits a complaint to the relevant body or court, observing the deadlines and procedural requirements.

  

Lawyer services representing interests in court: The lawyer represents the client at meetings where the complaint is considered. This includes presenting arguments, providing evidence and answering questions from the court or authority. The lawyer discusses with the client the possible consequences of the decision and submits additional statements or complaints, if necessary.