Any citizen has the right to appeal against a decision of a state body if the said decision violates his legal rights and freedoms. To exercise the right to appeal, you must submit an application to the district or city court.
The decisions of state bodies, expressed in the form of written documents, are often recognized as illegal, violate the rights of citizens or create various obstacles in the exercise of any right by ordinary people. In this case, justice can only be restored by appealing against such a decision. A court or a higher state body can reverse an illegal decision and restore the violated rights of a citizen. If no special requirements are imposed on an application to a higher state body, then the judicial appeal is formalized in the civil procedural legislation. However, filing an application with a court is considered the most effective way to appeal against decisions of state bodies, since it often leads to a positive result for the applicant.
Which court to file an application for canceling the decision of a state body?
Any citizen who believes that his rights have been violated, infringed upon by a specific decision of a state body, can write and submit an application, which is sent to the district or city court (depending on the place of residence). Procedural legislation allows such an application to be submitted to the court located in the place of residence of the citizen, as well as to the judicial authority of the same level, which works at the location of the body that made the appealed decision. The choice of a specific court remains with the applicant himself, none of the designated courts has the right to refuse to accept an application due to territorial non-jurisdiction.
What are the requirements for applying for cancellation of the decision?
In an application for the cancellation of the decision, the citizen must give specific reasons why the decision of the state body appears to him to be illegal, violating his rights. Only three months are allotted for filing an application, the countdown of which starts from the moment when the applicant learned about the violation of his rights (for example, he got acquainted with the contested decision). If there is a valid reason, the indicated three-month period can be restored if it is missed. After accepting the application, the relevant judicial body shall appoint the date and place of its consideration, to which the applicant and the head (representative) of the interested state body are summoned. A court decision on a specific case must be made within ten days from the date of acceptance of the application for proceedings, therefore this method of protecting rights is considered to be quite prompt.
