When the State Gets It Wrong — and You Can Prove It
The owner of a network of dental clinics unexpectedly faced a serious problem: fines from the State Nuclear Regulatory Inspectorate of Ukraine (SNRIU) and unwanted attention from law enforcement regarding alleged licensing violations related to X-ray diagnostic equipment.
The situation appeared threatening: financial penalties, risks to the business and its reputation, and additional pressure from regulatory and law enforcement authorities.
We began with a thorough analysis of: ▪️ legislation governing the licensing of ionizing radiation sources; ▪️ the statutory procedure for state supervision of nuclear and radiation safety compliance; ▪️ the technical and permit documentation for the equipment used by the client; ▪️ the chronology of events and regulatory changes throughout the entire period of the client's operations.
On this basis, a legal position was formulated to challenge the SNRIU's decisions before the administrative court.
In the course of the proceedings, a key argument was successfully established: the use of the specific X-ray units in the client's possession was not subject to licensing requirements under the legislation in force at the relevant time.
The administrative court agreed with this position.
Outcome: — following review at both the first instance and appellate level, the claim was upheld; — the SNRIU's position was found to be unsubstantiated; — the unlawful decisions and fines were annulled.
This case serves as a further reminder: in disputes with state authorities, what proves decisive is attention to detail, systematic analysis, and the precise application of legal norms.