NEWS


07.02.2017

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


Attorneys of ArtesLex have efficiently stood upon the client’s (a private entrepreneur 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, as well as of the Tax Police Investigation Division of the State Tax Inspection of Kyiv region, upon theft of the taxpayers’ property done under the guise of investigatory actions.

Such situation arose from initiating by the tax police authorities and the prosecution service of several criminal cases upon, in their opinion, tax evasion in especially big amount by a group of private entrepreneurs, back in 2012. The criminal cases had been reasoned by a range of tax audits in respect of taxpayers’ businesses and, hence, had been combined into unique criminal proceedings. All the said criminal cases and, thereafter, criminal proceedings had been initiated without any due grounds and reasons and had been actually purposed to bring pressure on taxpayers and to cease their business activity.

Following that, the officials of the pre-trial investigation authorities had exercised, under the guise of investigatory actions, dozens of searches in respect of the taxpayers and their relatives, supposedly purposed to find out “proofs” of their unlawful activities. As a result of such searches, house and office equipment, business and personal documents, as well as personal property had been seized. The mentioned belongings had not been returned to the legal owners even after delivery of judgement binding the pre-trial investigation authorities to return the seized property. After intervention in the case by our attorneys and as a result of job performed, we had managed to force the pre-trial investigation authorities to cease harassments against the taxpayers and to close such criminal proceedings (as had been finally closed in July of 2016). Yet, after closing of criminal proceedings, it appeared that the most part of the property had just disappeared from the files of criminal proceedings and, therefore, could not be returned to legal owners.

Hence, the client was forced to address to the prosecution service of all levels with an application on criminal offences upon theft by the tax police officials of the taxpayers’ property done under the guise of investigatory actions, as well as upon non-fulfilment of judgement. Yet, The Prosecution of Bila Tserkva blatantly denied, in violation of law, to initiate criminal proceedings and launch pre-trial investigation upon theft of the taxpayers’ property and non-fulfilment of judgement – failing to discover the elements of crime in respect of such actions of the tax police officials.

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

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