Legal representation in administrative disputes
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of administrative litigation court. In our practice, we face with various types of administrative disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the administrative litigation court disputes require an individual approach to each specific case and careful legal analysis.
Administrative cases are one of the most common legal disputes.
Administrative disputes in court are always associated with the violation of binding administrative or legal norms or their improper application by the state body. In any case, the body with the authority to bring to administrative responsibility, must provide legally sound evidence. These disputes are very diverse and relate to almost all areas of activity of legal entities, and in some cases individuals and officials. The following may serve as the basis for starting the process:
- an adopted resolution of an administrative body that violates the right of an individual or legal entity in respect of which it is acting;
- the imposition of administrative punishment, which is carried out by the norms of the Code of Administrative Offenses of the Russian Federation by the court based on the results of sending the relevant materials to the court by the authorized authority;
- violation by a state body of procedural legislation.
The reasons for the administrative dispute are violations of the rules of doing business, traffic rules, consumer protection laws, tax laws, customs laws, environmental laws, sanitary standards and others.
Signs of administrative offenses are the violation of administrative norms and rules and the guilt of the person involved in the punishment.
Dispute Resolution Procedure
Government agencies often abuse their rights when considering administrative matters. This includes situations with violation of the procedures defined by the Code of Administrative Offenses of the Russian Federation. Both legal and physical persons can be held administratively liable. Ten-days is set for the appeal of the decision if the person brought to justice does not agree with him. In such cases, the judiciary verifies compliance with the punishment and its compliance with the law. If violations have been discovered, the punishment is recognized as unlawful and canceled.
Often difficulties arise in determining jurisdiction. Moreover, if an administrative penalty or act has been issued to a legal entity (or individual entrepreneur) in cases related to the latter's entrepreneurial activities, an administrative complaint shall be submitted to the arbitration court. Jurisdiction is determined by Art. 29.5 Administrative Code of the Russian Federation.
The first step in the event of an administrative dispute is to file an application or complaint with a higher authority.
An appeal of an illegal act to a higher authority should not impede the consideration of the application in court. However, in practice, in most cases, it is recommended to obtain the results of consideration of a complaint by a higher authority with the subsequent appeal to the court (if necessary). The complaint may be directed directly to the court or through the authority that issued the administrative order. A higher authority or court, in the event of significant violations, cancels an illegal act or mitigates liability. There are cases when a case is sent back to the body that adopted the decision for additional procedural actions.
Depending on the subject of the administrative offense (legal entity, citizen, individual entrepreneur), the procedural consideration of the case is possible in an arbitration court, in a court of general jurisdiction, with a justice of the peace and in a state body.
- Legal analysis of documents and other evidence submitted by a client regarding the administrative disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on administrative disputes