Following a lawsuit filed by Alexander Tananakin, an attorney at BARRISTERS LLC, tax assessment notices totaling 1,145,000 hryvnias were revoked.

Following a lawsuit filed by Alexander Tananakin, an attorney at BARRISTERS LLC, tax assessment notices totaling 1,145,000 hryvnias were revoked.

By a decision of the Kyiv District Administrative Court dated April 10, 2019, the tax assessment notices issued by the Main Directorate of the State Fiscal Service in Kyiv, which were issued following an unscheduled on-site documentary audit conducted as part of a pretrial investigation in criminal proceedings against the plaintiff’s counterparties.

During the court proceedings in this case, the court concluded that the mere fact of the initiation of criminal proceedings and the collection of testimony (statements) from officials of business entities, within the framework of such a criminal case, does not constitute an indisputable fact confirming the absence of actual legal consequences for all business transactions conducted by the plaintiff and its counterparties, and pursuant to Article 62 of the Constitution of Ukraine, a person is presumed innocent of a crime and may not be subjected to criminal punishment until their guilt is proven in accordance with the law and established by a court conviction, In light of this, the court does not take into account the defendant’s references to the existence of pending criminal proceedings against the plaintiff’s counterparties.

The full text of the court decision is available at the following link: http://reyestr.court.gov.ua/Review/81086867