What can be done when court returns a complaint even after the plaintiff eliminated all the deficiencies? Citizen of Novoukrainka (Rivne region) has confirmed that you just need to move forward and to go to another court to defend your rights.
Such course has been advised by the lawyers of Rivne Community law center.
The state inspector of agriculture issued a protocol; several times fining the person for non-compliance with agricultural law. However he was sure that there was no reason for the fine. One day he decided to file an appeal in Rivne regional court. But he did not receive any aid. The judge demanded to eliminate the deficiencies of the complaint: to pay legal fee and to provide a certificate for that action. The plaintiff also failed to present the original version of warrant of authority. The man paid legal fee and presented the necessary application to the court. However, the regional court returned a complaint.
The court did not inform the plaintiff which deficiencies have not been eliminated. The man turned for legal aid to Rivne Community Law Center.
- After we analyzed the materials of the case, we did not agree with the position of regional court, because all the deficiencies in the complaint were eliminated by the plaintiff. – Myroslava Prymak, the lawyer, comments. – If the court wanted to see the original version of warrant of authority, that is non-compliant with the Ukrainian law. Notarized copy is considered to be the appropriate document to certify the competence. That is why we decided to file an appeal.
Center’s lawyers helped the man to file an appeal to Zhytomir administrative court of appeal. Court of appeal agreed that the complaint has been signed in a proper manner, and that notarized copy was attached to cases’ materials. It also claimed that the plaintiff eliminated all the deficiencies of the case. Thus, the court decided that the claim should be continued being proceeded in Rivne regional court.
Thus, the man proved his right for justice. The question is why the regional judge had to look for reasons for case hearing refusal? Did judge hope that the plaintiff will abandon the hearing and will agree to pay fines?