A public law dispute differs from a private law one in that the claims in a public law dispute are specifically related to provisions of public law.
The concept of a public law dispute was introduced into Ukrainian legislation with the adoption of the Code of Administrative Justice of Ukraine (CAJU) on July 6, 2005. However, not all public law disputes are considered by administrative courts.
In general, the task of administrative justice is to provide fair, impartial, and timely resolution of disputes by the court in the field of public legal relations in order to effectively protect the rights, freedoms, and interests of individuals and the rights and interests of legal entities from violations by subjects of state authority.
One distinctive feature of administrative disputes is the presence of a private element among their participants, such as an individual, a foreigner, a private legal entity, etc., on one side of the dispute, and a public element, such as a subject of state authority, on the other side.
Administrative cases are usually initiated by a private party. If in a dispute between a private and a public element, the latter exercises not administrative but, for example, economic functions, such a case is not administrative.
While legislative norms based on the principle of equal rights belong to private law, legislative norms that define the privileged right of the state or another representative of state power belong to public law. In public law disputes, the state usually acts towards a citizen not as an equal party to a contract but as a bearer of sovereign power, capable of issuing orders or prohibitions to a citizen or a business, granting permission for certain activities, or, conversely, revoking a previously granted permit.
Tax disputes have become a point of contention between administrative and commercial jurisdictions. In Ukraine, they are considered and resolved by administrative courts as public law disputes.
The attorneys at the "Monarch Business Consulting" law firm provide professional legal assistance to the public when dealing with public law disputes. By entrusting your case to us, you can always count on the promptness and legality of the decision made specifically for your situation.
free "verbal" consultation for up to 10 minutes, without document review, by appointment only, available only on Fridays.
unlimited duration verbal consultation, without document review, by appointment.
unlimited duration verbal consultation with document review, by appointment.
development, drafting, and submission of written statements, petitions, or complaints regarding the actions or inaction of employees or officials of state executive bodies in connection with public legal relations.
development, drafting, and submission by a lawyer of an administrative complaint (complaint in an administrative case) against the actions or inaction of employees or officials of state executive bodies in connection with public legal relations.
development, drafting, composition, and submission by an attorney of an appellate complaint against the ruling, decision, or resolution of a court of first instance in an administrative case.
development, drafting, composition, and submission by an attorney of a cassation complaint against the ruling, decision, or resolution of a court of first instance and/or appellate instance in an administrative case.
defense and representation of the client's interests during the consideration of a administrative case in the first instance court.
defense and representation of the client's interests during the consideration of a administrative case in the appellate (second) instance court.
defense and representation of the client's interests during the consideration consideration of a administrative case by the cassation instance of the court.
additional fee for services on the second and subsequent court day.
the service cost does not include transportation expenses, travel costs, postage expenses, and court fees.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
- The advisor of the company is a professional practicing attorney in Ukraine, the founder and managing partner of the Law Firm "Olena Mendelia," a recognized expert of the specialized Digital Publishing House MCFR. Additionally, she is an adjunct lecturer at Vadym Hetman Kyiv National Economic University, where she delivers lectures on law for healthcare managers.
- The lawyer's main areas of expertise include representing the interests of legal entities and individual entrepreneurs in government agencies (including the Ministry of Health of Ukraine and the State Drug Control Service) regarding licensing issues, providing assistance in medical facility accreditation, drafting local documents, contracts with contractors, employees, and patients of healthcare institutions, appealing decisions of government bodies on licensing matters, overseeing inspections of licensees by regulatory authorities, as well as representing and defending the interests of individuals in courts, law enforcement, or regulatory bodies.
- The advisor of the company is a professional practicing lawyer.
- The lawyer's main areas of expertise include providing legal services and representing the interests of individuals, legal entities, and entrepreneurs in court practices such as family cases, banking and credit disputes, inheritance cases, civil cases, disputes related to real estate, administrative and labor disputes.
- The partner of the company is a professional practicingattorneyin Ukraine, the founder and managing partner of the Law Firm "Marusish and Partners," with extensive experience in senior legal positions in several well-known Ukrainian banks, such as "UkrSibbank" and "UkrEximBank."
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens, foreigners, or stateless persons in the fields of commercial, migration, criminal, and military law. They skillfully provide defense for individuals in banking and credit disputes and offer legal assistance in cases involving personal bankruptcy.
- The partner of the company is a professional practicing attorney in Ukraine, providing legal services on an individual basis. They are a former law enforcement officer and hold the rank of police сaptain. They served as an officer in the Main department of the National police of Ukraine in Odessa region for over 10 years. They are also a reserve officer, holding the rank of lieutenant in the land forces of the Armed Forces of Ukraine.
- The lawyer's main areas of expertise include the defense and restoration of rights, freedoms, guarantees, as well as the interests of citizens and stateless persons in the fields of criminal, administrative, military, and labor law. They skillfully provide defense for individuals and offer legal assistance in cases related to administrative offenses.
- The advisor of the company is a professional practicing attorney in Ukraine, the founder and managing partner of the Law Firm "Olena Mendelia," a recognized expert of the specialized Digital Publishing House MCFR. Additionally, she is an adjunct lecturer at Vadym Hetman Kyiv National Economic University, where she delivers lectures on law for healthcare managers.
- The lawyer's main areas of expertise include representing the interests of legal entities and individual entrepreneurs in government agencies (including the Ministry of Health of Ukraine and the State Drug Control Service) regarding licensing issues, providing assistance in medical facility accreditation, drafting local documents, contracts with contractors, employees, and patients of healthcare institutions, appealing decisions of government bodies on licensing matters, overseeing inspections of licensees by regulatory authorities, as well as representing and defending the interests of individuals in courts, law enforcement, or regulatory bodies.
- The advisor of the company is a professional practicing lawyer.
- The lawyer's main areas of expertise include providing legal services and representing the interests of individuals, legal entities, and entrepreneurs in court practices such as family cases, banking and credit disputes, inheritance cases, civil cases, disputes related to real estate, administrative and labor disputes.
Yes! Our law firm's attorneys don't require our clients to feel discomfort and nervous stress during the process of resolving a civil case until the final decision in your case, with the exception of cases where your presence is deemed mandatory by the court!
Relying on Article 17 of the CAJU, the legislator identifies several types of public-law disputes falling under the jurisdiction of administrative courts. A non-exhaustive list of these is provided in the current Article 19 of the CAJU, which includes:
1. Disputes of individuals or legal entities with a subject of authority regarding the challenging of its decisions (normative legal acts or individual legal acts), actions, or inactions.
2. Disputes related to the recruitment of citizens for public service, their progress, dismissal from public service, and disputes between subjects of authority regarding the exercise of their competence in the field of administration, including delegated powers.
3. Disputes arising from the conclusion, execution, termination, cancellation, or invalidation of administrative contracts.
4. Disputes initiated by a subject of authority in cases established by the Constitution and laws of Ukraine.
5. Disputes concerning legal relations associated with the electoral process or the referendum process.
