Order legal assistance in appealing decisions of state authorities in the field of real estate

Challenging Decisions of State Authorities in Real Estate in Ukraine

Challenging decisions of state authorities in the real estate sector is a legal procedure aimed at protecting the rights of individuals and legal entities whose interests have been violated by unlawful actions, inaction, or decisions of state institutions. This service is relevant for property owners facing refusals in property rights registration, wrongful inspections, or other administrative restrictions. The Consultant legal marketplace offers professional support in challenging decisions, providing comprehensive assistance in both pre-trial and judicial proceedings. Our specialists will help you restore justice, prepare necessary documents, and effectively protect your rights.

Pre-Trial Challenging of State Authorities’ Decisions

The pre-trial process for challenging decisions of state authorities is the first step in resolving disputes without resorting to court. According to the Law of Ukraine “On Citizens’ Appeals” and the Code of Administrative Procedure of Ukraine, individuals have the right to file a complaint with a higher authority or official. Key steps in pre-trial challenging include:

1. Decision Analysis: Reviewing documents that confirm the unlawfulness of the decision (e.g., refusal to register property rights).
2. Complaint Preparation: Drafting a substantiated complaint with references to legal provisions.
3. Complaint Submission: Sending the complaint to a higher authority, such as a regional state administration or the Ministry of Justice of Ukraine.
4. Monitoring Deadlines: Adhering to the established deadlines for filing a complaint (typically 1 month from the date of receiving the decision).

Our lawyers provide consultations on proper complaint drafting, assist in gathering evidence, and support interactions with state authorities.

Judicial Challenging of Decisions in Real Estate

If the pre-trial process does not yield the desired result, property owners can appeal to an administrative court. According to Article 55 of the Constitution of Ukraine, everyone is guaranteed the right to judicial protection against unlawful decisions of state authorities. Judicial challenging involves:

1. Preparing a Lawsuit: Drafting a claim with clear justification of rights violations.
2. Gathering Evidence: Providing documents that confirm the illegality of the decision (e.g., registry extracts, correspondence with authorities).
3. Court Representation: Participating in court hearings to defend the client’s interests.
4. Enforcement Monitoring: Ensuring the execution of the court’s decision if it is ruled in favor of the plaintiff.

The Consultant legal marketplace provides full legal support in courts, including lawsuit preparation, representation, and enforcement of court decisions.

Legal Assistance in Challenging Actions of State Authorities

Legal assistance is crucial for effectively challenging decisions, actions, or inaction of state authorities in the real estate sector. Without proper support, property owners may face issues such as:

• Incorrectly prepared documents, leading to complaint rejection.
• Failure to meet deadlines for filing complaints or lawsuits.
• Insufficient evidence to substantiate rights violations.

Our specialists provide comprehensive support, including situation analysis, document preparation, consultations on challenging strategies, and court representation. We also assist in interactions with state registration bodies, tax authorities, and other institutions to ensure the protection of your interests.

Important! Please note: deadlines for filing complaints or lawsuits are critical. Missing the statutory deadlines (typically 1 month for administrative challenges or 6 months for judicial ones) may prevent the protection of your rights.