ArtesLex specialists have efficiently stood upon the clients’ (engaged in the business of recyclable materials trade) rights in respect of binding The Prosecutor General’s Office of Ukraine to initiate criminal proceedings and launch pre-trial investigation upon unlawful actions of the tax authorities’ officials against the clients and breach of the taxpayers’ rights.
Such situation arose from initiating by the tax authorities’ officials of several criminal cases upon, in their opinion, tax evasion in especially big amount by a group of private entrepreneurs. The criminal cases had been combined into unique criminal proceedings after some time. Our attorneys had been forced to intervene to protect the taxpayers’ rights. 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.
After that, our specialists initiated litigation aimed to recover the amount of property damage inflicted to the clients by the tax authorities’ officials. As a result of court hearings in respect of our claims against fiscal and treasury authorities The Courts of all instances completely approved our legal groundings and 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 in total amount of UAH 1,114,456.00.
Still, the tax authorities’ officials had not been brought to responsibility for unlawful actions against the taxpayers. Moreover, soon after certain officials of the tax authorities commenced the repeated harassment against the clients.
Considering such acts as patently illegal, the clientі addressed to The Prosecutor General’s Office of Ukraine with an application on criminal offence upon obstruction of legal business activities of the client, done by the tax authorities’ officials using their official position, as well as upon abuse of power by them. Besides, the clients demanded to bring to responsibility certain officials of the tax authorities accessory to harassment against the clients and causing damage to the state amounting to UAH 1,114,456.00. However, The Prosecutor General’s Office of Ukraine denied, in violation of law, to register the criminal proceedings based on the application on criminal offence.
Thus, our specialists launched judicial appeals against unlawful denial of the State Bureau of Investigation to register the criminal proceedings. As a result of such appeals the Court declared illegal the actions of The Prosecutor General’s Office of Ukraine, as well as ruled and bound The Prosecutor General’s Office of Ukraine to initiate criminal proceedings and launch pre-trial investigation upon the facts of illegal actions of the law enforcement authorities’ officials guilty of breach of the taxpayers’ rights.
27.09.2021
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