PRAGNUM involves the Cabinet of Ministers of Ukraine to oppose the State Fiscal Service in the dispute on the client’s side

Based on the results of the tax audit, the State Fiscal Service assessed additional tax liabilities to our client for more than UAH 40,000,000. However, the audit was conducted with gross procedural violations, as was identified by PRAGNUM. From the experience of disputes with the State Fiscal Service, we know how sceptical judges are about procedural violations, preferring to turn a blind eye to what they believe to be “insignificant facts” of the case. That is why we decided to seek support for our position from the higher body relative to the State Fiscal Service — the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers considered our appeal and initiated entry into the legal process as a third party on the side of our client. In his explanations, the representative of the Cabinet of Ministers supported our arguments and directly pointed out the illegality of the actions of the State Fiscal Service. As a result, the court upheld the claim and completely withdrew the additional tax assessments. 

We recommend not to be afraid to involve higher government bodies in legal disputes. Sometimes this is the only opportunity to “break” a consistent but flawed judicial practice to protect your interests.