September 18, 2015
Lawyers of WTS Consulting jointly with attorneys of KM Partners Attorneys at Law have successfully defended client’s interests in the dispute with tax authority, i. a. regarding criminal case under para. 212 of the Criminal Code of Ukraine, connected with this dispute.
Thus, according to the results of the case proceedings in the court of first instance, criminal case has been resulted in verdict of acquittal for the defendant. In its verdict of acquittal the court has declared presented accusation to be unproved and has defined absence of elements of crime tax evasion in the actions of the defendant. In particular, in its verdict the court has supported the position of the defense in view that tax dispute, which occurs due to ambiguity of tax legislation, cannot be considered as offence, and a fact of nonpayment of financial liabilities by the enterprise does not make officials to be guilty of committing an offence, envisaged by Article 212 of the Criminal Code of Ukraine. Thus, the defendant was declared not guilty and acquitted.
Herewith it shall be understood that throughout 2014 in the scopes of criminal proceedings regarding tax evasion, according to present statistics, verdict of acquittal made only 7.5 % from all judgments and 1.7 % from all court decisions, delivered by courts in criminal proceedings under Article 212 of the Criminal Code of Ukraine.