ArtesLex specialists have efficiently represented the clients aggrieved from unlawful harassment by the tax authorities’ officials within litigation in respect of recovery of property damage caused to the taxpayers by unlawful actions of the officials of the investigation authorities of the State Tax Service of Ukraine.
Such dispute arose from inflicting of property damage to our clients by means of resistance to their business activity under the guise of investigatory actions conducted by the fiscal authorities’ officials.
The situation generally 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 purposed to bring pressure on taxpayers and to cease their business activity by means of permanent interrogations, searches, revisions, seizure of property, blackmail, persecutions and threats conducting under the guise of investigatory actions.
In the aftermath of unlawful actions by certain officials of the tax police authorities and the prosecution service, our attorneys had been urged to proceed with performing of defence of violated rights of the clients. As a result we managed to force the pre-trial investigation authorities to close the mentioned criminal proceedings and to cease persecutions of our clients.
Yet, the fiscal authorities’ officials refused to voluntarily recover the damage inflicted to the taxpayers further to their demands. Therefore our specialists initiated litigation aimed to recover the amount of property damage inflicted to the clients.
As a result of court hearings in respect of our claim against fiscal and treasury authorities The Courts of all instances completely supported our groundings and delivered the Judgments that completely approved this claim: The Courts obliged to collect in favour of our clients, at the expense of the State budget of Ukraine, the claimed amount of damage caused by unlawful actions of the fiscal authorities.
At this stage we performed comprehensive legal support to our clients and represented them within execution of the delivered Judgments.
Tremendous job purposed to obtaining justice was performed by us during a period of more than a year and a half. In particular, the clients were represented within additional litigations with some additional court decisions clarifying the procedure for the execution of judgments and determining the treasury body that is obliged to execute them being received; several scopes of documents were submitted to the relevant treasury bodies, which had been repeatedly refusing to execute these judgments, as well as multiple negotiations were held with the officials of these bodies; a set of appeals and attorney requests were sent to the treasury bodies of all levels with the requirement to execute these judgments.
Finally, as a result of the entire job performed, respective amounts of funds were transferred to the accounts of our clients. Congratulations to all the participants of this event!
30.12.2020
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