If you have been discriminated against by a public authority, your complaint can be resolved in the administrative court, unless this discrimination occurred on the basis of a private law contract, such as an employment contract or a contract for the provision of goods or services. Before applying to the administrative court, it is advisable to first complain about the higher body of the institution that has violated your rights.
Complaint to a higher institution
It is advisable for you to first file your complaint to the higher body. This can save you time and resources. However, it is advisable to clearly find out the term for appealing the discriminatory decision in order not to miss the statute of limitations in court.
example The complaint could be submitted to the National Health Service of Ukraine if there has been discrimination by the hospital. The higher authority will assess whether the relevant body has acted lawfully and, where there has been discrimination, it may order that certain action be undertaken and compensation paid.
If you are not satisfied with the decision of the higher authority, you may appeal it in the administrative court usually within six months. However, the law may also set a less period of appeal to the administrative court.
Contents of the complaint
In your complaint, you should:
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- indicate the legal provisions which have been violated
- indicate the remedy or amount of money you wish to receive in compensation
- attach all relevant documents that substantiate your opinion, if there are any
If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the higher authority and administrative court have an obligation to investigate the matter independently and to establish the truth.
Appeal to the court
The administrative court will assess whether you have been discriminated against and choose the appropriate remedy for your situation. It may oblige the state institution to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.
The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages.