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Publication date: 28.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Administrative court proceedings in Ukraine play an important role in protecting the rights of citizens in disputes with the government and public authorities. This process is aimed at ensuring legality and fairness in the resolution of administrative cases concerning the relationship between citizens and public authorities.
One of the key functions of the administrative judicial process is to protect the rights of citizens from unlawful actions or decisions by the authorities. Citizens have the right to file complaints with the courts against actions or omissions of the authorities that violate their legitimate interests. Courts consider such cases in accordance with the principles of legality, fairness, and objectivity.
The procedure for reviewing administrative cases provides for the parties to present evidence and arguments, call witnesses and experts, and appeal decisions to higher authorities. The independence of judges, who resolve disputes on the basis of the law and reasonable evidence, is also a guarantee of a fair trial.
Cases involving human rights and civil liberties receive special attention in administrative court proceedings. The courts resolve such disputes with due regard to international human rights standards and the established norms of Ukrainian legislation. This ensures effective protection of the rights of citizens in their relations with state authorities and institutions.
An advocate plays an important role in the administrative court process, ensuring effective protection of citizens' rights in disputes with the authorities and state bodies. The role of an advocate is to provide legal assistance and support to citizens during the judicial process, in particular:
Legal adviser: A lawyer provides professional advice to a client on his or her rights and opportunities in a court case. He or she analyses the situation, explains the legal aspects of the case and recommends the best defence strategies.
Representative in court: A lawyer represents the interests of his client before the court, performs analysis, representation, legal proceedings, acting as his attorney-in-fact. He or she presents evidence, argues the party's position, and protects its rights and interests during the court hearing.
Preparation of court documents: An attorney-at-law is responsible for preparing the necessary court documents, such as statements of claim, responses, appeals, etc. He or she competently formulates claims and arguments, which contributes to the successful consideration of the case in court.
Mediator between the client and the authorities: A lawyer acts as an intermediary between a citizen and state authorities, facilitating the resolution of a dispute through negotiations and mediation. He or she protects the client's interests using his or her knowledge and experience in dealing with the authorities.
To summarise, administrative court proceedings in Ukraine are an important mechanism for protecting the rights of citizens in disputes with the authorities and state bodies. It provides an opportunity for every citizen to receive a fair and objective decision on issues related to their rights and freedoms. Adherence to the principles of legality, fairness, and independence of the courts is a key to the effective functioning of administrative justice and the protection of human rights in Ukraine.
