Любая юридическая компания знает, что практика административного права существенно увеличивает шанс заполучить постоянного клиента. Пользуясь своим уникальным опытом и знанием системы госорганов изнутри адвокат Александр Харченко решит ваш административный вопрос без дополнительной маржи и оплаты партнерских часов — в оптимальные сроки и за оптимальную цену.
Administrative disputes are a category of court cases in the area of administrative offences, which, if proven guilty, provide for the imposition of penalties such as:
- - a warning;
- - a fine;
- - the retrieval of an object that was the instrumentality of an offence or the direct object of an administrative offence;
- - confiscation of: the object which was the instrument/object of the administrative offence; the money obtained as a result of the offence;
- deprivation of a special right granted to the offender (driving license, hunting license);
- - public works;
- - correctional labor;
- - administrative arrest.
While it is not the plaintiff's responsibility to prove the wrongfulness of the charges of administrative offences - on the contrary, it is for the authorities to work to substantiate their contentious claims - sometimes the court places this burden on the plaintiff. In such cases, of course, the plaintiff needs the effective representation of an experienced and competent attorney.
It is possible to appeal against a decision on an administrative offence within 10 days of being served, or after receiving a copy. In cases where the deadline has been missed, the procedure will have to be started all over again.
Violation of traffic rules is a common situation. Recorded by the authorized bodies, such a violation can become overgrown with difficulties and nuances, result in a real headache for the driver - deprivation of rights and other negative consequences of a road accident.
In order to avoid trouble with the law, a lawyer will often step in as the courts deal with such administrative disputes. It is the support of a lawyer that often allows the driver to challenge an offence that he or she does not always agree with.
If you do not agree with the report made at the scene of the accident, you should consult a lawyer as soon as possible. If, however, the court has already issued a ruling on the basis of the report, you may appeal against it within 10 days.
State and local authorities may, within the scope of their powers, impose administrative and economic sanctions on business entities, including:
- - administrative and business fines
- - withdrawal of profits;
- - termination of import and export operations;
- - demanding mandatory payments;
- - introduction of anti-dumping measures;
- - introduction of an individual licensing regime
- - suspension/termination of a license (patent) to carry out economic activities;
- - uspension/restriction of economic activity;
- - liquidation/cancellation of state registration and business entity.
Violation of the business rules as defined by law entails administrative and business sanctions, disputes over which most often involve the imposition of administrative fees, fines and forfeiture of profits. In various cases, an experienced lawyer may challenge not only the amount but also the very basis for such sanctions, so the stingy person does run the risk of paying twice in this case. You cannot legally do without a lawyer in administrative proceedings, but it is the high qualification of your representative that allows you not just to get representation in court, but also to achieve effective protection of your interests in such proceedings.
The constitutional norms of democratic countries provide guarantees for appealing against actions, decisions, or inaction of bodies and officials of local self-government and state power.
Drafting a lawsuit without the help of an attorney is not easy in this case. In attempts to resolve the issue "with little blood" plaintiffs make mistakes, leading to the return of the claim without consideration or leave it without movement. A qualified attorney with experience of representation in administrative disputes will take into account the requirements of the form and content of the claim, as well as the procedural nuances of its submission, will ensure the collection and presentation of necessary evidence and achieve for his client the best possible outcome of the case in court.
