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Private Client applied to allTax legal and tax advisers regarding a dispute with Euroleasing Ukraine. The litigation concerned the invalidation of the Financial Lease Agreement. The amount of the dispute is 0, 5 million hryvnas.

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Expertise: experts from allTax legal and tax advisers drew the attention of the court to the fact that LLC Euroleasing Ukraine did not have a corresponding license for the conclusion of financial leasing agreements. Taking into account the fact that the Respondent did not have a financial license, the allTax’s laywer requested the court to declare the Financial Lease Agreement between the Client and LLC "Euroleasing of Ukraine" concluded invalid. The justification for its legal position was the provision of clauses 4 and 5 Part 1 of Art. 1 Law on Financial Services and State Regulation of Financial Services Markets, which defines what financial services and financial institutions are; the provisions of Part 1 of Art. 216 of the Civil Code of Ukraine, which determines that the invalidity of the transaction does not create legal consequences; The provisions of Part 1 of Art. 227 of the Civil Code of Ukraine, which determines that the transaction is performed by a legal entity without a corresponding permit (license), can be declared invalid by the court; the provisions of paragraph 7 of the Resolution of the Plenary Session of the Supreme Court of Ukraine «On the Judicial Practice of Consideration of Civil Cases Concerning the Recognition of Invalid Credentials» # 9 of November 6, 2009, which stipulates that a transaction may be declared invalid only on the grounds determined by law and with the application of the consequences of invalidity, provided by law; the legal position expressed by the Supreme Court of Ukraine in the Resolution of 16.12.2015 (case number 6-2766tss15).
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Hearings in the case were held at the Pechersk district court in Kyiv. According to the results of the trial, the Pechersk Court of Kyiv took into account the arguments of the attorney of allTax legal and tax advisers and made the following decision (extract):

to satisfy the lawsuit of the Client to LLC "Euroleasing Ukraine" on the recognition of the contract invalid, recovery of the amount of money. To declare invalid the financial leasing agreement No. D 00824 dated 05/06/2015, concluded between the Client and LLC Euroleasing Ukraine. To collect from the LLC "Euroleasing Ukraine" in favor of the Client money.

The decision has come into force.
Thus, allTax legal and tax advisers achieved a positive result for the Client and won Euroleasing Ukraine in the leasing dispute for 0.5 million hrivnas. Representation of the Client's interests in the court was carried out by partner of allTax legal and tax advisers Artem Sereda.