Administrative decision appeals are a legal mechanism allowing citizens and businesses to defend their rights against illegal actions by state and municipal bodies. This process is regulated by the General Administrative Code of Georgia (GACG) and the Administrative Procedure Code. The subject of appeal can be any administrative-legal act: fines, refusal to issue a license, revocation of a construction permit, tax demands, or other decisions limiting a person's rights. The appeal process is often two-staged: first, submitting an administrative complaint to the superior body, and then filing a lawsuit in court. Deadlines are strictly defined (usually 1 month), and missing them often means losing the right to appeal. Qualified legal assistance is essential to find legal grounds for annulment, adhere to procedural deadlines, and provide effective representation in court.
What does Administrative Decision Appeals service cover?
Administrative law lawyers offer:
- Analysis of administrative acts: Checking the legality (formal and material) of decrees, orders, or protocols.
- Preparing administrative complaints: Drafting and submitting a substantiated complaint to the superior administrative body (a mandatory step before court in most cases).
- Preparing lawsuits for court: If the complaint is not satisfied, filing a lawsuit in city court demanding the annulment of the act or issuance of a new one.
- Suspending the act: Petitioning to suspend the enforcement of the disputed act (e.g., payment of a fine or demolition) until the dispute is resolved.
- Representation: Protecting client interests both in the administrative body (during oral hearings) and in court.
Common Situations and Scenarios
Appeals often concern:
- Fines: Sanctions imposed by patrol police, supervision services, or the Revenue Service.
- Permits and Licenses: Refusal of construction permits, revocation or suspension of licenses.
- Public Service: Illegal dismissal from work or disciplinary liability of civil servants.
- Social Issues: Termination of social assistance or cancellation of status.
Georgian Legislation and Legal Framework
The process is based on the General Administrative Code. The appeal deadline is usually 1 month from the notification of the act. If the act does not specify the appeal procedure, the deadline may be extended. In court, the case is heard under the Administrative Procedure Code. A key principle is that the burden of proof often lies with the administrative body — it must prove the act is legal.
Service Delivery Process
The lawyer requests case materials from the administrative body. Grounds for invalidity are assessed. Then a complaint or lawsuit is drafted. The lawyer attends hearings and defends the client's position.
Why choose a specialist on Legal.ge?
Disputing with the state is a complex process requiring specific knowledge of administrative law. On Legal.ge, you will find lawyers who know how to annul illegal fines and restore your violated rights.
Updated: ...