Appealing administrative fines in court.
We appeal decisions in cases of administrative offenses (Ministry of Internal Affairs, inspectorates, local authorities) in the district court or appeals - the Administrative Court of Ukraine.
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| Consulting - analysis of the decision and the protocol - assessment of chances and grounds - strategy: court of first instance, appeal | 3 ₴ |
| Full support - preparation of complaints and petitions - representation in the district court - appeal (if necessary - separately) - application for the return of the fine after cancellation - does not include: examinations, VKZ studies | from 10 000 ₴ |
About the service
The decision on an administrative fine may be appealed by the person on whom the fine has been imposed within 10 days from the date of delivery of a copy of the decision (Article 289 of the Code of Administrative Offenses). The appeal is filed with the district (city) court at the place of consideration of the case; the court decision is appealed on appeal.
The grounds for cancellation are both procedural (the protocol was incorrectly drawn up, the hearing was not notified, mitigating circumstances were not taken into account) and substantive (lack of elements of the offense, failure to prove the fact, incorrect qualification).
What do you get?
Cancellation of the decision on the fine or reduction of the amount of the fine. In most cases, the case is completely closed due to the lack of evidence or due to a violation of the procedure.
- Analysis of the protocol and case materials
- Appeal against a decision to a district (city) court (Articles 287-289 of the Code of Administrative Offences)
- Request for renewal of the deadline if missed for good reason
- Representation in court
- Appeal if the court of first instance refused
- Refund of the paid fine after cancellation
How it works
First, we check the materials - the protocol, the inspection report, photos, testimonies. The most common weaknesses: the protocol was drawn up incorrectly (no date, place, signature, description of the act), the date of the consideration was not reported, the person was incorrectly identified, confusion in the qualification of the article of the Code of Administrative Offenses.
We prepare a complaint with specific grounds - procedural and material. We file it with the district court at the place of consideration of the case. We work in the session: we interrogate witnesses, employees of the body, we file a motion to request additional evidence.
If the court of first instance refused - we prepare an appeal. The category of cases is routine for appeal, often it is at this stage that the cancellation occurs. After the cancellation - an application for the return of the fine paid.
When is it the right choice?
Contact us if: you have been fined a significant amount; the report was drawn up with violations (unclear, without your participation, with errors); you do not admit the act; the fine is not the first and each one affects the reputation (for example, for drivers, doctors, civil servants); there is a claim for payment of the fine through the enforcement agency.
Sign up for a consultation - we will quickly assess the chances and deadlines (10 days is a short period, don't delay).
Who needs this service?
Водії
Fines under Articles 122, 124, 130 of the Code of Administrative Offenses (traffic violations, drunk driving). Often the report is drawn up with violations, there is a chance of cancellation.
Entrepreneurs and sole proprietors
Fines from the State Labor Service, the State Consumer Standards Service, and other inspections. Violations of labor legislation and sanitary standards are especially relevant.
Citizens in household affairs
Fines for petty hooliganism, Article 178 of the Code of Administrative Offenses (drinking alcohol in public places), other standard provisions.
Legal entities
Fines on officials or a company for violating specific legislation. Often accompanied by criminal or tax cases.
How we work
- 01
Analysis of the resolution and protocol
We check the protocol, photos, videos, and testimonies. We look for procedural and material grounds for cancellation.
- 02
Preparing a complaint
A complaint with specific references to the articles of the Code of Administrative Offenses and the circumstances. If necessary, a request to renew the missed deadline.
- 03
Submission to the district court
Submission within the established deadlines (10 days). If the deadline is missed - an application for renewal with justification of good reasons.
- 04
Court
Interrogation of witnesses and employees of the body that drew up the report. Request for additional evidence (video, logbooks).
- 05
Appeal if necessary
Preparation and submission of an appeal. Representation in the court of appeal.
What will be required of you?
- Administrative fine resolution Copy with the seal of the authority
- Protocol on administrative offenses Copy obtained during compilation
- Passport and National Identification Card of the appellant Copies
- Appellant's evidence Photos, videos, testimonies in your favor
- Documents on payment of fine If already paid - required for refund after cancellation
- Document on delivery of the resolution Postal letter, certificate of delivery - affects the terms
- Power of attorney for representation Notarized
Frequently asked questions
01 What is the deadline for appealing?
10 days from the date of delivery of a copy of the resolution (Article 289 of the Code of Administrative Offenses). If the deadline is missed for good reasons (illness, business trip, failure to receive the resolution), you can apply for renewal.
02 Do I need to pay a fine when appealing?
Filing a complaint suspends the execution of the resolution until the complaint is considered. It is not necessary to pay. If the fine has already been paid and the resolution is canceled, we file an application for its return.
03 Do I need to be at the meeting in person?
Preferably, but with a notarized power of attorney we can act on your behalf. Personal presence is required if the court requires it (by separate decision) or if you want to give evidence.
04 If the court of first instance refused - are there any chances of an appeal?
Yes, the statistics in favor of the appellants in the appeal are not bad, especially if there are clear procedural violations. We file an appeal within 10 days from the date of delivery of the court decision.
05 Can I appeal a photo-recording fine?
Yes, but the strategy is different - here they challenge either the ownership of the vehicle, or the circumstances of the shooting, or the serviceability of the equipment, or a violation of the notification procedure. We discuss these nuances during the consultation.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.