How to correctly make a claim for damages due to ...?

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... illegal actions of the executive body? What documents must be attached to the application?

27.04.2023 15:31 591

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Photo of sikorsky.y.o Yaroslav Sikorsky

Part of the 5th Art. 21 of the Code of Administrative Procedure of Ukraine stipulates that claims for compensation for damage caused by illegal decisions, actions or inaction of a subject of authority or other violation of the rights, freedoms and interests of subjects of public legal relations, or claims for claiming property seized on the basis of the decisions of the subject of power are considered by the administrative court, if they are declared in one proceeding with the requirement to resolve a public legal dispute. Otherwise, such claims are resolved by civil or commercial courts.

List of documents:

  • a statement of claim in accordance with the requirements of Art. 175 of the Civil Code, Art. 160 CASU, Art. 162 of the Civil Procedure Code - depending on the court in which the case will be heard;

  • documents certifying the identity of the claimant;

  • a written response from the relevant body, which certifies the fact of the dispute and violation of the plaintiff's rights - in the case of compensation for damage as a result of illegal decisions, actions or inaction of the state authority, local self-government body and their officials or officials in the exercise of their powers;

  • a copy of a normative legal act that was recognized as illegal and canceled - in the case of compensation for damage as a result of the adoption by a state authority, a local self-government body of a normative legal act that was recognized as illegal and canceled;

  • the evidence with which the plaintiff substantiates his claims and which confirm the specified circumstances.

According to Clause 13, Part 2, Art. 3 of the Law of Ukraine "On Court Fees" a court fee shall not be charged for filing a claim for compensation for damage caused to a person by illegal decisions, actions or inaction of a state authority or local self-government body, their official or official, as well as illegal decisions , by the actions or inaction of the bodies carrying out operational and investigative activities, pre-trial investigation bodies, the prosecutor's office or the court.

31.05.2023 20:33

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