Disputes with state authorities
Challenging the decisions, actions and inaction of the tax service, customs, the State Labour Service, the Antimonopoly Committee of Ukraine and local authorities in the administrative courts. Protecting business against unlawful fines, orders and refusals to issue permits.
Why PROCTOR
A dispute with the state is always a dispute with an opponent who holds administrative resources and risks none of its own money. The PROCTOR team defends business in the administrative courts in disputes with the tax service, customs, the State Labour Service, the Antimonopoly Committee of Ukraine and local government bodies: challenging decisions, orders, fines and inaction.
We combine procedural work with strategic pressure within the legal framework - from staying the enforcement of a decision to recovering the damage caused by a state authority. For the client this means real protection against unlawful administrative pressure, not merely a formal appeal.
How the challenge runs
The order of steps from the moment the company receives a decision, an order or a fine from a state authority.
01
Reading the decision
We study the inspection report, the order or the resolution and check the powers of the authority and the procedure followed. We show which breaches give grounds to have it set aside.
02
Administrative appeal
Where it makes sense a complaint goes to the higher authority: some decisions are reversed without court, and the time limits for going to court are preserved.
03
Staying enforcement
We ask the court to suspend the decision challenged, so that a fine, an order or a refusal to issue a permit does not paralyse the company while the case is heard.
04
The administrative court case
The case is run at every instance: proving the decision unlawful, working with the conclusions of the Supreme Court, appearing at hearings, answering the authority.
05
Undoing the consequences
Once the decision is set aside we clear its effects: return of the sums paid, restoration of the permit, recovery of the damage caused by the state authority.
Formats of defence against the state
The format depends on whether this is a single order, a full dispute or continuous pressure on the company.
Legal position on a decision
An analysis of the report or the order with a conclusion on the prospects of a challenge and the list of arguments. For deciding quickly whether there is anything to challenge.
Challenge in court
One administrative case handled from the statement of claim to cassation, including the stay of the decision and the return of the sums unlawfully recovered.
Standing defence of the company
Support across every contact with the controlling authorities: inspections, requests, orders and the parallel court cases, all under one strategy of defence.