In this article, templates of requirements for removing information about yourself from the site, social networks, etc. are provided for review and use.
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This article discloses methods that allow citizens to protect their rights and take adequate actions in the event of their violation.
*Legal “DDoS” can be applied to any representative of the government who violates your rights, namely to ministries, departments, agencies, services, commissions, courts: KMU, VRU, SBU, National Police, SBU, NABU, SAP . In the conditions of the modern legal field of Ukraine, where civil servants may violate the rights and freedoms of citizens, it is important to know how to effectively protect one’s interests.
The purpose of a legal “DDoS” is not to paralyze a state body, but to attract the attention of state officials/law enforcement officers when they say “write a request/statement and we will check your question/complaint”, but then they actually do nothing and write off your requests/statements.
Remember the key guarantees of the Constitution of Ukraine to protect your rights in any situation:
Activities based on the law. All bodies of state power and local self-government, including their officials, are obliged to perform their duties strictly in accordance with the law, observing the scope of the powers granted to them (Article 19).
Presumption of innocence. Every person is considered innocent of committing a crime until his guilt is officially proven in accordance with the procedure established by law and confirmed by a court verdict. No one is obliged to prove his innocence in committing a crime (Article 62).
The right to protection. A citizen has the right to refuse to give evidence or explanations about himself, his relatives or loved ones (husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother , grandson, granddaughter, great-grandson, great-granddaughter, adopter or adoptee, guardian or custodian, a person under guardianship or guardianship, as well as persons who live together, are connected by common life and have mutual rights and obligations, including number of persons who live together but are not married). And has the right to protection, i.e. a lawyer, legal assistance (Article 63).
At the same time, civil servants are limited by the scope of their powers, while citizens can use a wide range of legal methods of protection, of course, following the norms established by law and not exceeding the limits for which responsibility is provided. Exceeding authority by a civil servant or his inaction is Art. 365, 367 of the Criminal Code of Ukraine, respectively.
In order for the protection of the citizen’s rights to be effective, we suggest that you familiarize yourself with the legal analogue of a DDoS attack.
Collection of evidence base. First of all, it is necessary to collect all possible evidence of violations: documentary evidence, testimony, audio and video materials. Everyone has the right to judicial protection of their rights and freedoms (Article 55 of the Constitution of Ukraine).
Mass appeals. Legal “DDoS” can be implemented through mass appeals to various state bodies: the Verkhovna Rada of Ukraine, the Verkhovna Rada Commissioner for Human Rights, local and central authorities, courts. The Law of Ukraine “On Appeals of Citizens” (Articles 5, 7) guarantees everyone the right to appeal, which is the basis for such a strategy. 50 simultaneous appeals to 1 state body, that’s already a DDoS for them.
And most importantly, after receiving a significant amount of information about an employee or a government body, you may discover discrepancies in official information or declarations. Identified inconsistencies or facts of corruption, such as the use of official property for other purposes, can serve as a basis for filing complaints with law enforcement agencies, contacting journalists for further investigation. This approach not only contributes to the personal protection of your rights, but also makes a significant contribution to the fight against corruption and increasing the transparency of public administration.
Public pressure. The use of mass media and social networks to spread information about violations can create additional pressure on public authorities. This helps to attract the attention of the public and force the authorities to respond more actively to the appeal.
Appeal to the court. If the above actions do not solve the problem, the next step is to go to court. According to the Code of Administrative Procedure of Ukraine, it is possible to file a lawsuit to protect one’s rights. It is important to properly draw up all procedural documents and argue your claims based on the legislation.
International authorities. In case of insufficient protection at the national level, it is possible to appeal to international judicial bodies, such as the European Court of Human Rights, subject to the conditions of exhaustion of national legal remedies.
Legal “DDoS” as a strategy for the protection of rights in Ukraine requires a lot of preparatory work, knowledge of legislation and an active public position. At the same time, it can become an effective tool in the fight for justice and protection of one’s own rights.
In the next article, we will offer options for templates of legal documents, with examples of how to contact state authorities. These legal recommendations were developed by a lawyer in the field of protection of business interests and intellectual property. For professional legal advice, contact via Telegram: @your_legist
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