NEWS


03.11.2016

Court case has been won in respect of binding the prosecution service to initiate criminal proceedings upon unlawful actions of tax police


Our specialists have successfully stood upon the client’s (a private entrepreneurs engaged in the business of transportation and recyclable materials trade) rights in respect of binding the prosecution service to initiate criminal proceedings and launch pre-trial investigation in respect of unlawful actions of the officials of the Tax Police Investigation Division of the State Tax Inspection of Bila Tserkva related to breach by them of the taxpayers’ rights.

The situation arose from intentional registration by the officials of the Tax Police Investigation Division of the State Tax Inspection of Bila Tserkva of criminal proceedings upon, in their opinion, aiding by the client in tax evasion in big amount basing on designedly inveracious facts. Following that the mentioned officials began, under the guise of investigatory actions within such criminal proceedings, production before the court providing designedly inveracious information concerning, in their opinion, aiding by the client in tax evasion in big amount, for the purposes of getting of the court orders of sanction for search and seizure of the accounting documents, office equipment and other “proof” of business relations of the client with his counteragents. Such actions could be actually purposed to bring pressure on taxpayers and to cease their business activity under the guise of investigatory actions.

In such a manner, a range of rules of effective legislation governing powers of the law enforcement authorities’ officials has been breached, since the fact of validity of the client’s business and his relations with all the counteragents had been on multiple occasions verified within judicial examinations and established by court decisions according to which, in particular, the actions of fiscal authorities in relation to the taxpayers had been recognized unlawful as well. Furthermore, none of “persons involved” in the mentioned criminal proceedings had notice of its existence.

Hence, the client was forced to address to the prosecution service with an application on criminal offence against unlawful actions of the officials of the Tax Police Investigation Division of the State Tax Inspection of Bila Tserkva. Yet, the prosecution service denied, in violation of law, to initiate criminal proceedings and launch pre-trial investigation further to respective application.

Thus, our specialists launched judicial appeals against unlawful actions of the prosecution service. As a result of such appeals The Court ruled and declared the action of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in relation to the officials of the Tax Police Investigation Division of the State Tax Inspection of Bila Tserkva guilty of breach of the taxpayers’ rights.

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