How to File a Complaint Against the Decision of a State Body or Official?

The Dnipro Interregional Department of the Ministry of Justice of Ukraine has provided guidance on how to file a complaint against the decision of a state body or official.

Who can file a complaint

A complaint is an appeal seeking the restoration of violated rights and the protection of a citizen's legitimate interests. This applies when such rights and interests have been infringed upon by the actions (or inaction) or decisions of state bodies, local self-government bodies, enterprises, institutions, organisations, citizens' associations, or officials. This right is guaranteed by the Law of Ukraine "On Citizens' Appeals."

A complaint may be filed personally or through an authorised representative. In the interests of minors and incapacitated persons, their legal representatives should apply.

Where to submit a complaint

The law prohibits sending a complaint for consideration to the body or official whose decision or actions are being appealed.

Typically, a complaint is submitted to a higher-level body or official. Concurrently, a citizen has the right to appeal to the court in accordance with current legislation. If no higher-level body exists, or if the applicant disagrees with the decision reached after the complaint review, the dispute may be resolved directly in court.

Applicant's rights

During the complaint review, a citizen has the right to:

• Personally present their arguments and participate in the investigation.

• Familiarise themselves with the investigation materials.

• Submit additional materials or request the body to obtain them.

• Be present during the complaint review.

• Utilise legal assistance from a lawyer or another authorised representative.

• Receive a written response regarding the review's outcome.

• Demand confidentiality of the review.

• Claim compensation for damages if the established procedure for reviewing the appeal is violated.

Specifics of filing a complaint

Article 16 of the Law of Ukraine "On Citizens' Appeals" outlines a special procedure for reviewing complaints from certain categories of citizens. Such appeals are personally reviewed by the heads of the respective state bodies, local self-government bodies, enterprises, institutions, and organisations.

With proper authorisation, a complaint on behalf of a citizen may be filed by another individual, a labour collective, or an organisation engaged in human rights activities.

The complaint must be accompanied by existing decisions or copies thereof, resulting from previous appeal reviews, as well as other necessary documents for its consideration. These documents will be returned to the applicant once the review is completed.

The specifics of reviewing complaints concerning registration actions, refusal of state registration, or inaction of the state registrar are determined by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs, and Public Formations."

Submission deadlines

A complaint against a decision can be submitted to a higher-level body or official within one year from the date of its adoption, but no later than one month from the date of becoming acquainted with this decision.

Adherence to these deadlines is crucial, as complaints submitted after the deadline will not be considered.

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