Filing a claim via the Electronic Cabinet: Can attorneys confirm their authority in electronic form and reliably obtain a ruling on the opening of administrative proceedings?
For several years now, the modules of the Unified Judicial Information and Telecommunication System (UJITS) have been fully operational. Attorneys and private legal entities are required to register their Electronic Cabinets.
Even though, in our view, all mechanisms necessary for filing a claim and confirming an attorney’s authority in electronic form have already been implemented – both at the legislative and technical levels – we unfortunately continue to observe a widespread practice among courts of first instance in administrative proceedings of returning statements of claim due to improper confirmation of an attorney’s authority when the claim is submitted electronically.
Such a practice by courts of first instance clearly does not encourage attorneys to use the tools introduced within the UJITS, at least in tax disputes.
In tax disputes, deadlines are tight. Tax liabilities must remain unagreed. A returned claim – even if later appealed or re-filed in paper form – may result in the tax debt being recorded in the taxpayer’s account maintained by the tax authorities, with all the corresponding consequences for the taxpayer.
Therefore, the practical questions remain:
- Can a claim challenging a tax assessment notice be filed electronically via the Electronic Cabinet in the “Electronic Court” subsystem?
- How should an attorney properly confirm their authority exclusively in electronic form?
The full version of the article is available in Ukrainian by the link.
Kind regards,
SIMILAR POSTS
“Where to find the true law” update: Repealed provision finally removed from the consolidated Tax Code on the Parliament’s website
296
Procedural pressure
158
Accounting and/or tax compliance outsourcing: Does it exempt the taxpayer from responsibility for possible errors?
414
Documents during tax audits vs. evidence in tax disputes
577
Alexander Minin and Yuliia Kryvomaz spoke at the XIV Tax Forum of the Ukrainian Bar Association
415
Additional capital in Ukrainian TOVs (LLCs): Is it now easier or harder for tax purposes?
1576
Triple reduction in tax assessments and a cancelled tax notice – a big win for our agribusiness client
359
Tax authorities’ requests abroad: taxation risks in transactions with non-residents
1204
Documents from territorial recruitment centers, tax authorities, or customs are sent by post but not actually delivered: How this can cause problems for the recepient
3067
The District Administrative Court of Kyiv has been liquidated: the worst expectations are becoming reality
2472
The Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports has entered into force for Ukraine: Implications for participants of MNE groups in Ukraine
1152
Criminal method of tax administration
2090
Leave a comment







