On June 13, 2022, the President signed the long-awaited Law "On Administrative Procedure", which is a real breakthrough in the fight against bureaucracy. The law will become fully effective 18 months after its publication.
Administrative procedure is an out-of-court way of solving controversial situations that arise between citizens and businesses and officials.
The introduction of an administrative procedure will significantly reduce the overcrowding of administrative courts. Taking into account the number of violations committed by executive authorities and local self-government bodies, waiting for a court decision can stretch even for 1.5-2 years, when the solution of the issue already loses interest for the applicant.
Any natural or legal person who is interested in the adoption of an administrative act, which should ensure the realization of his right, freedom or legal interest or the fulfillment of an obligation defined by law, including in relation to receiving an administrative service, can initiate the opening of an administrative procedure.
That is, after the implementation of the law, if you have applied for the issuance of a document, the granting of a permit, or for another state service, if you are hindered, require additional documents, refuse without explanation, cancel permit documents, you will have an alternative way solving the problem, which will be much faster, cheaper and easier to implement than filing a lawsuit with an administrative court.
However, the law defines a list of issues that cannot be resolved within the framework of the administrative procedure. IT IS IMPOSSIBLE TO CARRY OUT AN ADMINISTRATIVE PROCEDURE REGARDING:
formation of state policy, resolution of issues of local importance, as well as regulation of social relations;
military and law enforcement activities;
issues related to public or military service;
contesting public procurement procedures;
awarding with state awards and honors;
Natalia Ponomarenko, attorney at Dynasty Law & Investment