Appeal of Administrative Acts

Administrative acts issued by state authorities, including statements of administrative violations (AUV) and penalty decrees (PD), are part of the regulatory function of public administration. However, they are subject to legality control, and citizens and legal entities have the right to appeal them in cases of unlawfulness or violation of their rights.

Procedure for Appealing Administrative Acts

The appeal of administrative acts is regulated by the Administrative Violations and Penalties Act (AVPA) and the Administrative Procedure Code (APC). The process aims to provide protection against unlawful actions or decisions by administrative bodies.

Key Steps in the Procedure:

1. Filing an Objection Against the AUV: Within seven days of receiving the act, the recipient may submit a written objection to the penalizing authority.
2. Issuance of the Penalty Decree: The penalizing authority has one month to issue the penalty decree. Although this period is indicative, failure to meet it does not automatically render the decree unlawful.
3. Appeal of the Penalty Decree: Within 14 days of receiving the decree, the appellant may file an appeal with the regional court.

Grounds for Appeal

The appeal of administrative acts may be based on:

• Violation of substantive law: Incorrect application or interpretation of legal norms.
• Procedural violations: Lack of proper notification, improperly drafted documents, or other breaches leading to significant unlawfulness.
• Lack of evidence: When the administrative body fails to provide sufficient evidence to support its claims.

Types of Appeals and Cases Against Administrative Acts

Common cases include:

• Appeal of Traffic Violation Acts: For example, unlawfully issued acts or decrees by the Traffic Police.
• Challenge of Coercive Administrative Measures (CAM): Such as temporary suspension of a vehicle or revocation of a driver’s license.
• Administrative Acts with Financial Implications: Such as fines or fees imposed without legal grounds.

Court Proceedings

Judicial appeals of administrative acts are governed by the APC. Upon filing a complaint, the court undertakes the following:

• Legality Check: Evaluates the compliance of the act with substantive and procedural law.
• Evidence Assessment: The court reviews evidence presented by both the administrative body and the appellant.
• Decision-Making: The court may confirm the act, annul it, or return the case for reconsideration.

Practical Tips for Effective Appeals

• Analyze the Act: Carefully review the content of the act for formal and substantive errors.
• Prepare the Complaint: Clearly present the facts and support your claims with legal grounds.
• Adhere to Deadlines: Submit the complaint or objection on time, in compliance with legal requirements.
• Consult an Attorney: Legal assistance increases the chances of a successful outcome.

Importance of Judicial Control Over Administrative Acts

Judicial control is a fundamental mechanism for ensuring legality in administrative activities. It provides an avenue for protecting the rights of citizens and legal entities while enhancing the quality and accountability of administrative authorities.

Conclusion

Challenging administrative acts is an inalienable right that ensures protection against arbitrariness and unlawfulness. Effective exercise of this right requires a good understanding of the legal framework, collection of compelling evidence, and active participation in the judicial process. Legal support is a key factor in successfully resolving disputes, helping to safeguard public interests and the rights of affected individuals.

If you have been issued and served an administrative act, you can contact the Legal Frame law firm. Our attorneys will assist you in appealing the act and successfully resolving your court case.