3 december 2015

Jus Aureum successfully defended the interests of the general director of one of the largest companies in Russia as part of a series of five court cases concerning administrative offences under part 1 Article 15.6 KoAP

The tax Inspectorate of the city of St. Petersburg compiled reports of administrative offences against the general director of a well-known company in connection with the fact that the company had failed to submit the documents requested by the tax Inspectorate. Later the reports were filed by the tax authorities to court.

In court, the lawyers of Jus Aureum managed to prove the absence of grounds for bringing the general director to administrative liability for the alleged violation, as the list and the deadline for presenting the documents requested had been set by the tax authority itself, rather than by the legislation on taxes and duties.

In addition, a portion of the requested documents could not be requisitioned in total, as they were not among the initial documentation necessary for calculating and paying taxes.

As a result, the court upheld the arguments of the Office's lawyers regarding the absence of grounds for bringing the general director to administrative liability, and quashed the proceedings in all five cases due to lack of corpus delicti specified by part 1 Article 15.6 of the KoAP.

Work on this project was coordinated by senior partner of Jus Aureum Vadim Maklakov and partner Tatiana Vladimirova, while the interests of the general director were represented in court by the lawyer Sergey Kartoshkin.