In administrative proceedings, there is a rule that does not apply in other types of proceedings: the burden of proving the lawfulness of its decision rests with the state body, not with the individual. In other words, it is not up to you to prove that the body was wrong — it is up to the body to prove that it acted lawfully.
This is a fundamental advantage, and it is precisely why disputes with the state are won more often than is commonly thought. An administrative lawyer is needed to capitalise on this advantage: to formulate claims correctly, meet deadlines and prevent the authority from substituting its grounds for the decision once the case is in court.
We handle disputes with the tax authorities, customs, the Trade and Customs Chamber, the State Migration Service, the Pension Fund, local authorities, the State Agency for Migration and other bodies.
+38 095 554-54-24 — legal advice
Areas of practice
- Tax disputes — challenging tax assessment notices, blocking tax invoices, audits
- Customs disputes — adjustment of customs value, classification of goods
- Appeals against fines imposed by the Tax and Customs Committee and decisions of the Medical Examination Commission
- Pension cases — refusals by the Pension Fund of Ukraine, recalculation, length of service
- Immigration cases — refusals by the State Migration Service, entry bans
- Land disputes — refusals by local councils, privatisation
- Building permits — refusals and orders by the State Architectural and Urban Planning Inspectorate
- Compensation for damage caused by the state
Also: appealing against decisions by local authorities, actions by the enforcement service, refusals to provide administrative services, and orders issued by regulatory bodies.
What can be appealed against
Decisions — an order, a resolution, a tax assessment notice, a council decision, a refusal to issue a document.
Actions — what the authority did: carried out an inspection in breach of procedure, imposed a seizure, seized documents.
Inaction — what the authority failed to do, even though it was obliged to: failed to consider an application, failed to respond, failed to take action within the prescribed time limit.
Inaction is challenged in the same way as a decision. The court may order the authority to consider the matter on its merits — and following such a ruling, cases that have been ‘stalled’ for years usually start to move forward.
Time limits: the main reason for losing cases
This is the most common reason why cases do not even reach the stage of being heard on the merits.
| The situation | Time limit for bringing a claim before the court |
|---|---|
| General rule | 6 months from the date on which the person became aware of the infringement of their right |
| Following an administrative (pre-trial) appeal | 1 month from the date of receiving the decision |
| Specific categories (as defined by law) | shortened time limits — must be checked individually |
This fork in the road 6 months / 1 month — is the main pitfall of the administrative process. People lodge a complaint with a higher authority ‘just to have a go’, receive a rejection after two months, calmly prepare their claim — and it turns out that the time limit has already expired.
Rule: the decision on whether to pursue a pre-trial appeal must be made immediately, bearing in mind that only one month will then remain for the court proceedings.
Court fees in 2026
The minimum subsistence level for able-bodied persons — 3,328 UAH.
| Claimant and type of claim | Rate | Amount |
|---|---|---|
| Natural person, non-pecuniary claim | 0.4 times the subsistence minimum | 1,331.20 UAH |
| Legal entity, non-pecuniary claim | 1 times the subsistence minimum | 3,328 UAH |
| Action for property | a percentage of the value of the claim, within the limits established by law | — |
| Appeal / cassation | 150% / 200% of the claim rate | — |
Filing via the ‘Electronic Court’ — 20% discount. If the case is won, court fees and legal aid costs are recovered from the state body.
Interim relief: suspending the effect of a decision
A critically important detail that is often overlooked: the mere filing of a claim does not, in itself, suspend the effect of the contested decision.
In other words, whilst the court proceedings are ongoing, the Traffic Police may impose a fine, the tax authorities may deduct funds, the State Architectural and Urban Planning Inspectorate may halt construction, and the State Migration Service may deport you.
Therefore, alongside the claim, a application for interim relief must be submitted — to suspend the decision until the case is resolved. Its wording and grounds will determine whether your claim will have any practical significance.
When a solicitor is not required
If the refusal is clearly a formality and only one document needs to be submitted — do it yourself. We will state this clearly.
A solicitor specialising in administrative law is required when:
- the authority has refused and does not intend to change its decision;
- the time limit is about to expire or it is unclear from when it is calculated;
- you need to suspend the decision for the duration of the court proceedings;
- inaction has been going on for months;
- the amount or consequences are significant — additional charges, confiscation, suspension of business;
- on the other side — the legal department of a state authority.
How we work
- We calculate the time limit — this is the first and most important step.
- We analyse the decision — whether it is well-founded and whether the procedure has been followed.
- We choose the course of action — pre-trial appeal or straight to court, taking time limits into account.
- We prepare the claim with correctly formulated claims — this is where independent claims most often ‘fall down’.
- We apply for interim relief — to ensure the decision is not enforced whilst the dispute is ongoing.
- We handle the case at all levels of jurisdiction and recover costs from the authority.
Cost of services
| Service | Price |
|---|---|
| Consultation | from 1,500 UAH |
| Legal opinion: assessment of the prospects of an appeal | from 5,000 UAH |
| Pre-litigation appeal, submission to the authority | from 5,000 UAH |
| Preparation of a statement of claim and procedural documents | from 5,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Court representation | from 10,000 UAH |
| Comprehensive ‘turnkey’ support for administrative cases | from 30,000 UAH |
| Support during enforcement proceedings | from 3,000 UAH |
Questions and answers (Administrative lawyer)
Who bears the burden of proof in a dispute with the state?
The burden of proving the lawfulness of a decision rests with the state body. This is the main advantage of administrative proceedings for citizens and businesses.
How long do you have to bring a case to court?
As a general rule, six months from the date on which you became aware of the infringement of your rights. However, if you have lodged a complaint with a higher authority, you have only one month left following a refusal.
Does bringing a claim suspend the contested decision?
No, it does not automatically suspend it. Therefore, an application for interim relief must be filed at the same time as the claim — otherwise, the decision will be enforced whilst the court proceedings are ongoing.
How much is the court fee?
Non-pecuniary claim: 1,331.20 UAH for an individual, 3,328 UAH for a legal entity (2026). Via the ‘Electronic Court’ system — 20 per cent cheaper. If the case is won, the costs are recovered from the authority.
Can one challenge an authority’s failure to act?
Yes. The court may declare the failure to act unlawful and order the authority to consider the matter on its merits. Following such a ruling, cases usually move forward.
Is it worth appealing to a higher authority first?
Not always. A higher authority rarely overturns a lower authority’s decision, and if the appeal is rejected, you are left with only one month to go to court instead of six. Decisions must be made immediately.
Can legal fees be recovered from the state?
Yes. If you win the case, court fees and the costs of professional legal assistance are recovered from the state body.
How long does an administrative case take?
At first instance — usually 6–12 months. Including appeal and cassation — up to two years. Therefore, securing the claim is often more important than speed.
What documents should I bring to the consultation?
The decision being challenged, your application to the authority and their response to it, all documents supporting your claim, and proof of receipt of the decision (to calculate the time limit).
Contacting an administrative lawyer at Svarog
Send us the authority’s decision — first of all, we’ll calculate the time limit, as that is often the deciding factor. We’ll then advise you on the prospects of the case and whether the decision should be suspended pending the court proceedings.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00