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Court practice in Ukraine

A company with foreign investments applied to mr. Khudziy for defence of their interests in relation to the compensation of VAT. A trial court of first level allowed this claim about a recovery from the state budget of Ukraine 1,5 million UAH of budgetary compensation of VAT. 08.02.2010р. case was also won in the appeal court. On April, 1, 2013 the Higher administrative court of Ukraine awarded decree №К- 12143/10 and №К- 18902/10, left the decision of the first and second instances that without changes (it is won). On June, 5, 2013 the State treasury of Ukraine recovered from a budget on the account of enterprise 1 599 587,00 UAH

Mrs. Osypenko applied to Advocate mr. Khudziy to defence her labor rights. She was illegally discharged from the position of chief of Bureau of technical inventarisation by the Yalta municipal chairman. An appeal court satisfied lawsuit requirements: renewed citizen Osypenko in position of chief of Bureau of technical inventarisation, and decreed to recover from a town council a salary for force truancy and charges on a legal aid. On the stage of appellate consideration in this case also took part advocate Haladiy

Society of the Ukrainian Greco-catholic church of city Yalta appealed to the advocate Mr. Khudziy after securing of right for a receipt in the lease of lot land for building of temple. The case was on the stage of the repeated consideration of a trial court in city Yalta. A trial court disallowed the claim requirements the opponents of Church in relation to a transmission to them of lot land and left in force the decision of town council about the transmission of lot land to society of the Ukrainian Greco-catholic church of city Yalta.

An enterprise appealed to the advocate Khudziy for the protection of the broken rights. A State tax inspection disallowed in delivery certificate of the right for payment of the united tax and fined a 400 thousand UAH of tax obligations. A trial court recognized such actions of State tax inspection illegal and obliged to give out certificate of the inpayment of the united tax on a corresponding year and exacted from a tax inspection charges on a legal aid in amount of 4 thousand UAH. Appeal court also allowed case requirements and left first level court decision without changes.

A Limited liability company with foreign investments applied to the advocate Mr. Khudziy for defence of their interests in relation to the compensation of VAT. 15.04.2010р. a trial court allowed the claim of company about recovery from State budget of Ukraine 4,1 million UAH of budgetary compensation of VAT. Appeal court left the decision of first level court without changes. the Higher administrative court of Ukraine awarded decree and left the decision of the first and second instances that without changes (it is won).Now there is procedure of decisions execution and recovering VAT from the State budget of Ukraine.

On January, 26, 2011 Partner of the Legal firm "Caesar" Dmytro Khudziy took part in the TV program "Who lives here" of the “Western Informative Company” as the expert in tax questions.

British company appealed to the advocate Ms. Haladiy for defence of their interests in relation to the penalty of credit in a sum 1 million USD. A trial court delivered judgement on behalf of a Ms. Haladiy's client and it was disallowed in the borrower's lawsuit requirements of confession of notary executive inscription as such that is not subject to implementation. The procedure of money recovery is started.

A company applied to the advocate Haladiy for defence of their interests in relation to confession invalid and abolition of the Land resources State committee of Ukraine decision dated March, 16, 2010 № 10 and about a commitment of the Land resources State committee of Ukraine to take decision about license delivery to Company on land-use works realization and to give out to the license on land-use works realization. A trial court delivered decision on behalf of the Mrs. Haladiy's client , it was confessed unlawful and annulled Order of Land resources State committee of Ukraine "On the question of licensing of land-use-works, land-evaluation works" № 249 dated 18.03.2010 in part of refuse to deliver the license to Company on realization of land-use works.



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