Appealing against refusals of public authorities
The refusal of state authorities to issue permits, approvals or other administrative services can be a serious obstacle to the implementation of projects, especially in the construction, real estate and business sectors.
However, such a refusal is not always final – in many cases, it can be appealed. Let’s consider how to act in such situations.
Grounds for appeal
You can appeal a refusal of a government agency if it is:
- Unreasonable – for example, in the absence of clear explanations or in violation of applicable law.
- Contradicts the law – if the decision does not comply with the Constitution of Ukraine, laws of Ukraine or bylaws.
- Adopted with procedural violations – for example, if the term for consideration of your appeal exceeded the standards set by the Law of Ukraine “On Citizens’ Appeals” or other acts.
Stages of appeal
Analysis of the refusal. First, you must obtain an official written document stating the reasons for the refusal. This document will be the key evidence in the appeal process.
Checking the legality. Analyze whether the refusal complies with the applicable law. To do this, refer to the relevant laws, such as:
- The Law of Ukraine “On Regulation of Urban Development”
- The Law of Ukraine “On the Permitting System in the Field of Economic Activity”
- DBN A.2.2-3:2014 “Composition and Content of Project Documentation for Construction”.
Filing a complaint with a higher authority. In many cases, an appeal can be made through an administrative procedure. To do this, you need to:
- Prepare a complaint stating the facts confirming the unlawfulness of the refusal.
- Provide evidence of violation of your rights.
- Attach copies of all related documents.
Go to court. If the administrative procedure has not yielded results, you need to go to court. In such cases, it will help to prepare a statement of claim, which should contain:
- Information about the authority that issued the decision.
- Justification of the unlawfulness of the refusal.
- A list of requirements to the court (e.g., cancellation of the decision or obligation to issue a permit).
Important nuances
Time limits for appealing
The Law of Ukraine “On Administrative Proceedings” establishes a period of 6 months for appealing to the court from the date of receipt of the refusal.
Evidence base
Be sure to have all the documents confirming your case, including letters, certificates, extracts from registers and decisions.
Legal assistance
Appealing against refusals requires in-depth knowledge of regulations. That is why it is better to turn to professional lawyers who specialize in the relevant field.
Services from GlobalBud Ukraine
GlobalBud Ukraine provides comprehensive support in appealing against refusals of state authorities. Our lawyers have many years of experience in working with permits, and our engineers have in-depth knowledge of building codes and standards. We will help you to:
- Conduct a legal analysis of the refusal.
- Prepare the necessary documents for appeal.
- Represent your interests in court and government agencies.
Contact GlobalBud Ukraine to avoid unnecessary risks and achieve a positive result. Your interests are our main goal!
