Legal advice


При остановке машины сотрудником ГАИ было проведено освидетельствование на алкоголь. Результат 0,2 промилли. Права были изъяты и дело отправлено в суд. По результатам предварительной беседы с судьей грозит штраф минимум 3400 грн. А как же статья 130 КУАП, где четко сказано "не более 0,2 пм? Спасибо.

May my adult son claim the inheritance of his father, if this son was born out of marriage and is registered to his mother’s name?

Art. 1261 of the Civil Code of Ukraine foresees the full list of persons which are first priority heirs. It includes the testator’s children, including the ones conceived inter vivos of the testator and born after his death, the surviving spouse and his parents. The right for inheritance of a deceased father is also granted to the children born from non-married parents but if their father admitted his paternity voluntarily or compulsory in case of a paternity suit.

A paternity suit may be filed by the child’s mother, tutor, trustee, by a person who maintains and grows up the child, as well as by the child himself, if he is of legal age. An adult son may claim the inheritance of his father only in case the parentage is established between the son and the father.

A bread-making plan submitted to the Regional Public Administration a declaration of wholesale ex-factory prices and the necessary documents. But the Regional Public Administration returned the declaration and the annexes for rework and demanded documents not foreseen by the legislation. At that moment, the Price Control Inspection inspected the plant, drew up a report and, by virtue of it, made a decision to impose economic sanctions for the violation of the state procedure of prices in connection with non-declaration of changes in pricing. How does the plant should proceed in order to protect its rights?

The said decision of the Price Control Inspection is unlawful and should be appealed to the relevant administrative court due to the following reasons. Submission to the Regional Public Administration of additional documents is not foreseen by the Procedure of declaration of changes in the wholesale ex-factory prices approved by Resolution of the Cabinet of Ministers of Ukraine and by other normative acts. Neither foresees this Procedure any rights of the Regional Public Administration to refuse accepting any declarations of the standard form and annexes to them or to return the documents for rework.

Thus, the plant did make the declaration, so the decision adopted by the Price Control Inspection on imposing economic sanctions for the violation of the state procedure is unlawful.

The State Tax Inspectorate carried out an inspection at our enterprise. By virtue of the results of this inspection, it adopted a decision to charge us an additional sum to the income tax in the amount of UAH 1,500,237 as punitive measures. Which is the better way to appeal this decision: to file a complaint to the tax inspectorate or to turn directly to the court?

In fact, the legislation allows the tax payer appealing such decisions in two ways: either by filing a complaint to the tax inspectorate or by turning to the court. However, we believe that it will be risky to address the tax inspectorate (more additional charges are possible) and inefficient. So we suggest you turning to the court within 10 calendar days from the date of the decision. It will save you from any tax debts and the tax inspectorate will not take measures in order to collect this tax debt (seizure of property, tax pledge, imposing punitive measures and submission of claims to the court).

In case you turn to the court with a claim to invalidate and cancel the decision of the tax inspectorate, the effect of this decision will be suspended for the period of the court appeal and the penalty for non-payment of the tax liability will not be charged.
The review of this kind of cases relates to the competence of the administrative court.
 

I was discharged from the State Tax Inspectorate due to changes in the organization of production and labor (Art. 41, Par. 1), but I was on sick leave at that time. Does this correspond to the legislation in force?

Art. 30, Par. 1 of the Law of Ukraine On Public Service states that reasons for a discharge from the public service may be general, i.e. defined by the Labor Code of Ukraine, or particular, i.e. foreseen by this regulation.

You were discharged from the public service on the general terms, according to Art. 41, Part 1, Par. 1 of the Labor Code of Ukraine.

In this case, the employer has to comply with the guarantees defined by Art. 40, Part 3 of the Labor Code of Ukraine, which forbid to discharge employees on the initiative of the owner or the authorized body during the period of his/her temporary disability.

As you were discharged during the period of your temporary disability, it is illegal and you shall be reinstated in your previous position.