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Provocation of a bribe as a circumstance excluding a corpus delicti
The Criminal Code of Ukraine does not contain separate provisions on the specifics of the criminal liability of the recipient of undue gain (bribe), in the event of provocation of such actions by law enforcement agencies. However, not in every scientific and practical commentary to Art. 368 of the Criminal Code of Ukraine states: the provocation of a bribe does not exclude the guilt of one who received undue profit. The indicated doctrinal conclusion is verbatim repeated in paragraph 23 of the Resolution of the Plenum of the Supreme Court of Ukraine of 04.26.2002 No. 5 “On judicial practice in cases of bribery”. Continue reading
Administrative appeal of decisions of the tax service
The biggest skeptics are lawyers. From their lips you can often hear that it is possible to appeal effectively decisions (tax notifications-decisions) of the state tax service bodies only in an administrative court.
Tax consultants are increasingly advocating the use of all legal pre-trial opportunities to resolve disputes with fiscal authorities. This polarity of opinions is quite obvious – lawyers are good in the courts, tax consultants in the tax authorities, lawyers have an emphasis on the process, and consultants in accounting and tax accounting. Continue reading
On issues of increasing the limitation period in civil proceedings
Professional lawyers of the Verdict consulting company from the city of Kharkov, based on their own practice, argue that in modern realities of life there is no country in which each person does not violate or limit the rights and freedoms of others. As a result, the courts are filled daily with a huge number of statements of claim in order to exercise the right to protect the rights and legitimate interests of individuals.
Our state guarantees every person the right to a fair trial, appeal in court of decisions, actions or inaction of state authorities, local authorities, officials and officials and by any means not prohibited by law to protect their rights and freedoms from violations and unlawful encroachments. Continue reading