13825

22.08.2019

Great victory for an ordinary man 

Tax issues: Inspections by state tax and fiscal agencies Kyiv

Subject of complaint: Thee Main Departmet of the StateGeoCadastre in Kyiv (StateGeoCadastre)
Complaint in brief: A private entrepreneur approached the Council with a complaint against the State GeoCadastre. The public regulator did not register the Complainant’s land plot. 
While planning to open a family store, the entrepreneur prepared a package of necessary documents and submitted them to the StateGeoCadastre. Despite the fact that different permitting authorities approved this building design, the StateGeoCadastre refused to register it because of allegedly unjustified change in the functional use and a broken chronology of the land management project. 
The entrepreneur challenged the public regulator actions in court, and also turned to the Business Ombudsman Council for support. 
Actions taken: The investigator examined the circumstances of the case and upheld the Complainant’s position in writing by turning to the StateGeoCadastre. Meanwhile, the court acknowledged the private entrepreneur’s documentation complied with legislation requirements and the government agency unreasonably refused the Complainant. However the state body continued to reject the registration of the land plot based on other different reasons.  In order to finally settle a long-lasting conflict between the parties, the Council helped arrange a personal meeting of the Complainant with the State GeoCadastre top management with the participation of the investigator. 
Result achieved: With the Council’s facilitation the StateGeoCadastre finally registered the land plot. There was no need for further court disputes, thus lifting a tax burden from the Complainant. The case was closed successfully. 
 

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