Ukraine's new Supreme Court1 has begun
consideration of its first tax cases. The court's resolutions
in these cases are of great importance to taxpayers, since
according to the new Code of Administrative Proceedings of Ukraine,
the conclusions of the Supreme Court will be taken into account by
the courts of lower instances (part 5 of Article 242).
In this alert, we would like to address the most important
issues raised:
Non-commodity business transactions
One of the first categories of cases considered by the Supreme
Court relate to non-commodity business transactions. At the same
time, the approach of the court to the considerationof such cases
depends on the availability of information or other documents on
criminal proceedings against the taxpayer's counterparties.