Publication date: 15.07.2025
I specialize in resolving complex legal issues in the fields of energy, commercial, and administrative law. I combine deep legal expertise with hands-on experience in litigation, contract work, and business support.
Input Data:
The National University "Odesa Maritime Academy" (hereinafter – Plaintiff) filed an administrative lawsuit with the Odesa District Administrative Court against the Southern Office of the State Audit Service (hereinafter – Defendant). The subject of the dispute was the recognition as unlawful and the annulment of the State Audit Service's conclusion dated December 22, 2022, which was compiled based on the results of monitoring procurement №UA-2022-02-15-001232-а.
For such a respected state institution as the National University, a conclusion from the State Audit Service indicating possible violations in the field of procurement is extremely problematic. It not only creates reputational risks but can also lead to financial sanctions, blocking of further procurements, and other legal consequences, threatening the stable operation and development of the educational institution. The client's problem lay in the need for effective challenging of the actions and conclusions of a state supervisory body to protect its business reputation and ensure the legality of its activities, avoiding unjustified claims.
Problem:
The case belongs to the category of administrative proceedings, which means the resolution of a dispute between a public authority (State Audit Service) and a physical/legal entity (University) regarding the legality of the former's decisions, actions, or inaction. Such cases are regulated by the Code of Administrative Procedure of Ukraine (CAP of Ukraine).
Key to a comprehensive and objective consideration of the case is the request from the Southern Office of the State Audit Service for a duly certified copy of the disputed conclusion and all documents on the basis of which this conclusion was adopted. This evidence is critically important, as it forms the basis of the State Audit Service's decision, and without their thorough examination, the plaintiff will not be able to fully substantiate its objections and prove the unlawfulness of the conclusion. In accordance with the provisions of the CAP of Ukraine (in particular, parts 6, 7, 8 of Article 80), the court has the right to demand evidence from persons who possess it, and these persons are obliged to provide it. Failure to provide such evidence may have negative procedural consequences for the defendant.
Desired Outcome:
Recognition as unlawful and annulment of the State Audit Service's conclusion, ensuring access to all materials on which the disputed conclusion was based, and protecting the university's business reputation.
Responsible Lawyer:
(Not specified in the case text who the responsible lawyer is)
Solution:
The legal strategy aimed at effectively protecting the interests of the National University "Odesa Maritime Academy" involved several key stages that ensured prompt and effective initiation of proceedings and collection of necessary evidence. Analysis showed that this dispute could be considered under simplified claim procedure rules without summoning participants if no motions to the contrary were received from the parties. This procedure is faster and less formalized.
- Preparation and submission of an administrative lawsuit.
The lawyer meticulously prepared an administrative lawsuit that fully complied with the requirements of Articles 160, 161 of the CAP of Ukraine. The lawsuit detailed the circumstances of the case, the legal justification for the demands to recognize the State Audit Service's conclusion as unlawful and to annul it, as well as all necessary attachments. - Ensuring prompt initiation of proceedings.
At the stage of filing the lawsuit and its initial review by the court, the lawyer ensured the correctness of all documents and the absence of grounds for leaving the lawsuit without motion or refusing to initiate proceedings (in accordance with Articles 169, 170 of the CAP of Ukraine). This allowed the court to quickly accept the case for consideration. - Formulation of a motion for requesting key evidence.
Since the main documents related to the procurement monitoring and serving as the basis for the conclusion were held by the State Audit Service, the lawyer prepared and substantiated a motion for their request. The motion clearly stated which specific documents were needed (a copy of the conclusion and all materials on which it was based) and justified their significant importance for a full and objective consideration of the case. This motion was crucial for ensuring equality of parties in the evidentiary process. - Ensuring case consideration under simplified procedure rules.
The lawyer took into account the criteria defined by Part 3 of Article 257 of the CAP of Ukraine, which allowed the court to decide to consider the case under simplified claim procedure rules without summoning participants (in written proceedings), thus contributing to its faster resolution.
Result: On November 20, 2024, the Odesa District Administrative Court ruled to accept the statement of claim from the National University "Odesa Maritime Academy" and open administrative proceedings in case № 916/841/22. The case will be considered under simplified claim procedure rules without summoning participants. The court requested from the Southern Office of the State Audit Service a duly certified copy of the conclusion dated 22.12.2022 and all documents on which it was based, with a submission deadline of January 30, 2023.
This court ruling is an extremely important procedural step and a significant interim victory for the Plaintiff. Thanks to the lawyer's professional work, the client gained access to key evidence held by the defendant – the State Audit Service. This ensures transparency of the process and creates equal opportunities for protecting the rights and interests of the University in a court dispute with a state supervisory body. The decision emphasizes that administrative courts are an effective tool for controlling the legality of state bodies' actions, and qualified legal assistance is the key to a successful start of such protection and ensuring justice in relations with state supervisory bodies.
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