NEWS


19.04.2017

Court case has been won in respect of cancelation of the decree of the prosecution service on closing of criminal proceedings


Our firm’s attorneys have efficiently stood upon the client’s (a private entrepreneur engaged in the business of transportation and recyclable materials trade) rights within the case regarding cancelation of the decree of the prosecution service investigator on closing of criminal proceedings and binding the prosecution service to resume pre-trial investigation in respect of unlawful actions of fiscal authorities officials, upon breach 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 courts 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.

Hence, the client was forced to address to the prosecution service with an application on criminal offence. Thereafter our specialists launched judicial appeals against denial of the prosecution service to initiate criminal proceedings and launch pre-trial investigation. 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.

Yet, the prosecution service investigator has, in contravention of the law, unexpectedly decreed to close the said criminal proceedings

Thus, our specialists launched judicial appeals against unlawful decree of the prosecution service investigator on closing of the criminal proceedings and launch pre-trial investigation. As a result of such appeals The Court ruled and declared the decree of the prosecution service unlawful and cancelled such decree, as well as bound the prosecution service to resume pre-trial investigation within criminal proceedings in relation to the officials of the fiscal authorities guilty of breach of the taxpayers’ rights.

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