Publication date: 14.04.2025
My name is Vovkanych Andriy, I am a lawyer from Uzhgorod. I work diligently and deeply on administrative cases and cases of appealing resolutions on administrative offenses. I also work with military law within the service (consultations, processing of deferments)
Introductory Information: The individual, unlawfully subjected to administrative liability by a patrol police inspector, suffered emotional distress and a violation of rights, which led to seeking legal assistance from a lawyer to protect their interests and obtain compensation for the moral damage caused by the police inspector and the relevant police authority.
The Problem:
Infliction of moral damage due to unlawful administrative prosecution: The person believes that the illegal actions of the law enforcement representative caused emotional suffering and a violation of rights, and sought legal assistance to defend their interests.
Resolution (with lawyer involvement):
- Legal analysis of the situation: The involved lawyer conducted an analysis of the circumstances and assessed the legal grounds for filing a claim in court.
- Client consultation: The lawyer provided legal advice regarding the prospects of the case and the proper course of action.
- Preparation of the claim: The lawyer drafted and filed a well-founded claim for compensation for moral damage.
Client Actions (under legal guidance):
- Providing information to the lawyer: The client submitted all necessary information and documents related to the case.
- Cooperation with the lawyer: The client followed the lawyer’s recommendations and supported the preparation for court proceedings.
Lawyer's Actions:
- Preparation and submission of the claim: The lawyer prepared and submitted a claim to the relevant district (city) court demanding compensation for moral damage.
- Substantiation of the claim: In the claim, the lawyer justified the client's demands by referring to the court’s annulment of the administrative offense ruling as proof of the law enforcement officer’s illegality and the emotional suffering caused.
- Representation in court: The lawyer represents the client’s interests during court hearings, presenting evidence and arguments.
Case Circumstances Leading to the Claim:
Issuance of administrative offense ruling: On a specific date, a patrol police officer issued a ruling to bring the individual to administrative liability for a violation of the relevant article of the Code of Ukraine on Administrative Offenses (traffic violation).
Annulment of the ruling by the court: The ruling was annulled and the case closed by a decision of the relevant district (city) court.
Moral damage (client’s position formed with lawyer’s help): Emotional suffering due to the unlawful prosecution, a sense of injustice, time and effort spent contesting the illegal ruling – all legally substantiated.
Expected Outcome:
- Court decision: The court will examine the circumstances of the case, assess the evidence (the annulment ruling and arguments for moral damage) and determine whether compensation is justified and what amount should be awarded.
- Establishment of responsibility: If the claim is granted, the court will identify those responsible (the patrol inspector and/or the relevant police authority) and determine the compensation to be awarded to the client.
Importance of Legal Assistance and Judicial Oversight:
Protection of citizens’ rights through legal assistance: Engaging a lawyer ensures qualified protection of the client’s rights at every stage of the judicial process.
Professional justification of claims: The lawyer helps the client correctly formulate and legally substantiate the claim for moral damage compensation.
Effective representation in court: The lawyer represents the client in court, ensuring proper handling of the case.
Judicial oversight as a guarantee of legality: This case highlights the importance of judicial oversight over law enforcement actions and citizens’ right to compensation for damage caused by unlawful decisions.
This case is an example of effective protection of a citizen’s rights with the help of a qualified lawyer in a situation of unlawful administrative prosecution. Legal involvement enabled the client to properly prepare for court, substantiate their claims, and expect a fair court ruling on compensation for moral damage.
