Criminal proceedings under tax evasion closed as groundless

Tax issues: Criminal proceedings against business initiated by State Fiscal Service Kharkiv region

Subject of complaint: Financial Investigations Division of Main Department of SFS in Kherson Oblast
Complaint in brief: The Complainant, a company specializing in full-range maintenance of gas supply systems, turned to the BOC because of what it claimed was an unsubstantiated criminal proceeding regarding tax evasion.
On March 28, 2016, The Complainee commenced pre-trial investigation of criminal proceeding and started to carry out investigatory actions in spite of the fact that the acknowledged tax obligations were absent. 
BOC’s investigator found out that State Tax Inspection already inspected the stated period (2012-2013) and  found no violations of the legislation in regard to the mentioned business operations. However, tax police  commenced criminal investigation under Article 212 of the CCU based solely on the official note of the operative officer that allegedly informed about the essence of the crime. 
Action taken: First, the criminal case was reclassified from Art. 212 of the CCU (tax evasion) to Art. 366 (forgery of documents) and was transferred for investigation to the Prosecutor’s Office of Kherson Oblast.
Result achieved: Due to BOC’s input, on June 24, the Kherson Oblast Prosecutor’s Office decided to close the case as groundless.

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