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Publication date: 28.05.2024
Lawyer
How to appeal the decision on the loss of Diia.City resident status in court?
Diia.City is a unique legal and tax system for IT companies in Ukraine. Residents of Diia.City receive significant benefits, however, situations may arise when the authorized body makes a decision to lose the status of a resident of Diia.City. In this case, there is a need to challenge this decision in court. This article will provide practical guidance and a step-by-step action plan for a successful appeal.
Grounds for appeal
According to the legislation, the decision on the loss of Diia.City resident status can be appealed in court on the grounds of violation of procedural norms or non-compliance of the actions of the authorized body with the legislation. This includes cases where the decision was made in violation of the procedure or without an adequate evidence base.
First step: Preliminary application
Before going to court, it is recommended to file an appeal with the relevant appeal commission. If the appeal commission leaves the decision unchanged, this decision can be appealed in court. Appealing to the appeal commission allows you to collect additional evidence and arguments for the court process.
Second step: Going to court
Preparation of a statement of claim.
The claim must contain all the necessary details and evidence that confirm the illegality of the decision to lose the status of a resident of Diia.City. It is important to describe in detail all the violations committed by the authorized body and justify your demands.
Submission of a claim to the court.
The lawsuit is submitted to the administrative court at the defendant's location. In addition, you need to pay the court fee and submit the payment receipt together with the claim.
Participation in the legal process.
At this stage, it is important to actively participate in court sessions, provide additional evidence, involve witnesses and experts.
Third step: Court decision
The trial may last several months. If the court makes a decision in favor of the plaintiff, the authorized body is obliged to make a corresponding entry in the Diia.City register within five working days from the date of entry into force of such a decision. This means that the legal entity did not lose its Diia.City resident status.
Peculiarities of the appeal for long-term residents
Legal entities that have been continuously resident in Diia.City for at least three years have additional opportunities to appeal. If the resident of Diia.City has submitted all the necessary reports and independent conclusions within the prescribed time limits, the record of the loss of resident status is not entered in the register until the court proceedings are completed. This provides additional protection of the rights of residents.
If there is a need to appeal the decision on the loss of Diia.City resident status, it is important to seek qualified legal assistance. Lawyers and attorneys of "Legal Marketplace Consultant" LLC are ready to provide professional support at every stage of the process, provide professional advice and other legal assistance.
Contact us for effective protection of your rights and interests in court. We will help you regain your Diia.City resident status and continue to enjoy all the benefits of this unique legal and tax system.
Conclusion
Appealing the decision on the loss of Diia.City resident status is a complex process that requires careful preparation and high legal qualifications. The right approach to the appeal, proper preparation of documents and active participation in court sessions are key success factors. LLC "Legal Marketplace Consultant" will provide you with the necessary support for a successful solution to this issue.
