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Lawyer 212 CCU Evasion of payment of taxes, fees (mandatory payments)

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Publication date: 24.05.2024
Reading time: 5 minutes
Number of views: 268
Stage Term (days) Cost
  • 1
    Written legal analysis
    2 UAH 13,680.00
    • A description of the situation, which disturbs the legal analysis, is carried out. 
    • The circumstances of the case, the presence or absence of documents relevant to the situation are established. 
    •  A full oral communication is conducted in order to establish all the necessary circumstances of the case. 
    • The client's expectations regarding the results of service provision are established. 
    • An analysis of the current legislation that regulates the problem is carried out. 
    • An analysis of judicial practice regarding this issue is carried out. 
    • The lawyer's personal experience in solving such or similar problems is described. 
    • The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem. 
    • Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
In general
2 UAH 13,680.00

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Tax evasion, fees (obligatory payments): legal assistance

Tax issues are an area where every mistake or oversight can have serious legal consequences. Evasion of taxes, fees or other mandatory payments, if it becomes significant or is systematic, can lead to criminal liability under Art. 212 of the Criminal Code of Ukraine. In this case, both officials of enterprises and individual entrepreneurs or even employees can become defendants in criminal proceedings.

At the same time, the state, competitors or business partners who have become witnesses or victims of tax violations also have an interest in a fair consideration and collection of due payments to the budget. In such a complex situation, the role of a professional lawyer is key: he is able to effectively protect the interests of both parties, observing the balance of legality and legal logic.

 

Legal stages in cases of tax evasion

Cases under Art. 212 of the Criminal Code of Ukraine can be quite complex, as they combine criminal, tax and financial legislation. However, regardless of the circumstances, legal work in such cases has a consistent algorithm:

  • Primary legal audit of the situation: The lawyer studies documents, tax returns, contracts, bank statements, inspection reports, decisions of the State Tax Service and other materials. This allows you to assess whether the person’s actions really contain signs of a criminal offense or whether the situation can be resolved administratively without a crime.
  • Support during the pre-trial investigation: At this stage, it is important to clearly protect the client’s rights. The lawyer participates in interrogations, prepares motions, responds to the investigator’s requests, may initiate independent financial examinations or file statements about the lack of proof of the crime.
  • Strategy for the defense or representation of the injured party: If you are accused, the lawyer forms a legal position based on the lack of proof of intent, the absence of a crime or voluntary settlement of damages. If you represent the interests of the injured party (for example, the state or a company), a lawyer helps to record the losses, file claims for their compensation and supports the prosecution in court.
  • Trial or alternative methods of resolution: In many cases, a lawyer can initiate a settlement agreement, close the case due to insignificance or voluntarily eliminate the damage. In the event of a trial, he takes an active part in the hearings, challenges illegal evidence and defends the client's position until the final decision is made.

Each stage requires separate attention and legal control - this is the only way to achieve a fair result in complex tax cases.

 

Conditions for providing legal assistance in the event of non-payment of taxes and fees

For effective protection in cases related to tax evasion, it is important to observe certain conditions that ensure the full work of the lawyer:

  1. Completeness and accuracy of financial information: The lawyer needs a complete picture - all accounting documents, bank statements, inspection reports, correspondence with tax authorities. The more information you have about the situation, the more accurately your legal position will be formulated.
  2. Promptness of the appeal: Tax cases can develop very quickly: an audit, an act, criminal proceedings. It is important to seek help before the case reaches court - this opens up more opportunities to resolve the problem without criminal liability.
  3. Official registration of legal relations: Legal assistance is provided on the basis of a contract. This ensures clarity in mutual understanding, fixes the scope of services and cost, guarantees confidentiality and responsibility on the part of the lawyer.

Compliance with these conditions creates a solid foundation for high-quality legal support even in the most complex tax cases.

 

Advantages of contacting a lawyer under Article 212 of the Civil Code

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Financial security and reduction of penalties: A lawyer will help you find ways to minimize financial losses - through negotiations with tax authorities or repayment of losses before the court.

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Possibility of avoiding criminal liability: In case of voluntary compensation for damages, the state often does not insist on continuing criminal prosecution, and the lawyer can initiate the closure of the case.

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Protection of business reputation and future business: In many cases, the right legal strategy allows you to preserve the good reputation of the company or manager and avoid a public scandal.

 

Frequently asked questions about Article 212 of the Criminal Code

Question

What is the essence of tax evasion?

Answer

The essence of tax evasion is the intentional failure to provide or distort data in the reporting, which leads to non-payment of taxes, fees or other mandatory payments in significant amounts.

Question

What is the fine for tax evasion?

Answer

The fine for tax evasion is from 85,000 to 425,000 UAH, depending on the amount of damage and circumstances. Restriction of the right to hold positions or confiscation of property is also possible. If the damage is compensated voluntarily, the person may be released from liability.

Question

Who can be the subject of the criminal offense of evading taxes, fees, mandatory payments?

Answer

The subject of the criminal offense under Art. 212 of the Criminal Code of Ukraine can only be an individual entrepreneur or an official of an enterprise who is responsible for conducting financial and economic activities and tax reporting.

 

What does the cost of a lawyer's services depend on in case of non-payment of taxes and fees?

The price of legal assistance in cases under Art. 212 of the Criminal Code of Ukraine is formed depending on the complexity of the situation, the number of episodes of evasion, the volume of document flow, the stage of the case (inspection, pre-trial investigation, court), the urgency of the response, as well as the need to participate in tax or financial examinations. In addition, if it is necessary to simultaneously support administrative or economic processes (for example, appealing a decision of the State Tax Service), this also affects the overall budget of legal services.

 

Conclusion

Cases related to tax evasion are not just about numbers. This is a matter of legality, responsibility and possible criminal prosecution. Hiring a lawyer not only allows you to protect yourself from unfounded accusations, but also to resolve the situation in a timely manner and preserve your reputation. If you represent the interests of the injured party, a lawyer will help you submit documents correctly, confirm damages, and achieve a fair decision. In tax disputes, every action matters - that is why legal support is critically important.

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