In February 2024, Vasil Kisil & Partners successfully represented Rost Agro, one of Ukraine’s largest producers and exporters of seed products, in a tax dispute worth UAH 33 million.
Having considered the appeals lodged by tax authorities, the administrative court of appeal agreed with the position taken by the lawyers of Vasil Kisil & Partners. It stressed that Rost Agro LLC had no right to resort to court due to specific aspects of the domestic law of the counterparties' country of registration, with whom Rost Agro LLC entered into foreign trade agreements.
Therefore, the fact that Rost Agro LLC applied to a notary for an executive endorsement was considered a circumstance leading to the suspension of the period to charge penalties for violating the time limits set for making settlements under foreign trade agreements between a Ukrainian resident legal entity and a foreign resident legal entity.
Furthermore, the court of appeal affirmed the position taken by the lawyers of Vasil Kisil & Partners and the trial court concerning the implications of procedural violations committed by the tax authorities during the inspection.
The court acknowledged that a tax inspection conducted in violation of legal prohibitions, such as the quarantine restrictions in effect, was a standalone ground for deeming the inspection findings unlawful.
Senior Associate and Attorney-at-Law Yehor Svidlo and Associate Alina Ratushna acted in court for Rost Agro LLC.
For more details please contact Olga Shevchenko, PR Manager
Tel.: +380 67 358 47 82
E-mail: shevchenko@vkp.ua
About the Firm
Established in 1992, Vasil Kisil & Partners is a Ukrainian law firm that delivers integrated legal advice in banking & finance, mergers & acquisitions, capital markets, antitrust, competition and trade, dispute resolution, public advocacy, tax law, energy and natural resources law, intellectual property law, labor and employment law, real estate and construction law, as well as PPP, concessions and infrastructure law. Vasil Kisil & Partners is a member and exclusively represents Ukraine in such international professional associations as TerraLex (160 law firms in 100 countries), Cathay Associates (40 high-profile law firms with over 500 headcount worldwide in 43 major cities and countries across Europe and Asia) and Ius Laboris (1700 labor and employment lawyers in 50 countries). Andriy Stelmashchuk is a managing partner of Vasil Kisil & Partners law firm.
