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Artem Sereda, a partner of allTax legal and tax advisers conducted a master class "How to win a trail?" for students of the Kiev International University. As an example, in a master class five trials were considered, in which Artem Sereda participated as a lawyer:

: Artem Sereda had a speach in from of students of Kyiv International University 

1. Litigation regarding the lawsuit of the Ministry of Defense of Ukraine on cancellation of the state act on a land plot of 640 hectares. According the decision of the economic court of first instance, the lawsuit was fully satisfied, and the state act on the land of the client of allTax was canceled. The cost of land was more than 300 million hryvnas. The positive result was the decision of the Economic Court of Appeal to revoke the decision of the Economic Court of the first instance and the refusal to satisfy the claim. The positive result was achieved by concentrating the defense strategy on the fact that the Ministry of Defense missed the statute of limitations on going to court. The Court of Appeal agreed with it.

2. Litigation with the State Fiscal Service on the abolition of tax decisions-notifications. The amount of the dispute was 1 million hryvnias. The Administrative Court of first instance and Appellate instance refused to satisfy the lawsuit for the cancellation of tax decisions-notifications. The positive result was the cancellation by the Supreme Administrative Court of Ukraine the judgments of the courts of first instance and the appellate instance with the referral of the case for a new trial. The positive result was achieved by proving the advantages of the norms of the law (the Tax Code of Ukraine) over regulations (instructions and orders of the Fiscal service of Ukraine ) and information letters of the Fiscal Serivce of Ukraine, which were not normative-legal acts. As a result of the review of the court decisions, the administrative court of the first and appellate instance made a decision to satisfy the claim and canceled tax decisions-notices for a sum of 1 million hryvnas.

3. Litigation with Raiffeisen Leasing Aval regarding reinstatement at work and recovery of compensation for forced absenteeism in the amount of 0.1 million hrivnas. The positive result, which was the decision of the Court of the first instance to satisfy the claim, was achieved by proving the fact that company had vacant positions at the time of dismissal of the employee which could be held. Such information was provided with the help of the claims to the State Tax Inspectorate, the Employment center, the Pension fund.

4. Litigation regarding real estate property of 520 square meters. According a decision of the Administrative Court of first instance, the claim was satisfied and the right of ownership of the client of allTax for the real estate object was canceled. The positive result was the decision of the Administrative Court of Appeal to revoke the decision of the Court of first instance and the refusal to satisfy the claim for the cancellation of the ownership of real estate property. The positive result was achieved by emphasizing the attention of the Administrative Court of Appeal on the fact that in the administrative process the court has no right to decide the dispute on the ownership rights. In case of failure to prove certain circumstances by decisions of the economic court, the administrative court should not expand decisions of the economic court and gave them its own interpretation.

5. Litigation on contracts for the supplement of goods and services. According to the decision of the economic court of first instance, the claim was satisfied and all money was collected from the client allTax in the amount of UAH 0.25 million. The positive result, which was the cancellation by the appellate economic court of the first instance court decision and the reduction of the debt amount by UAH 100,000, was achieved by accentuating the court's attention to the fact that the parties entered into a settlement agreement specifying the amount of debt. The settlement was submitted to the court of first instance, but the parties refused to support it, and as a result, it was not approved by the economic court of first instance. In the Economic Court of Appeal, the fact of the transfer of property in order to fulfill the settlement agreement and the fact of its conclusion by conclusive actions was proved, as a result of which the amount of the debt was reduced.                 

                                                              

The master class was organized with the support of the dean of the Faculty of Law Panfilova Yu.M. The master class was attended by more than 50 students of 2-4 courses at the Kiev International University of "Law" and "International Law" specialties .

The master class was held within the framework of the Pro Bono project "Positive experience of allTax".

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