Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity amounting to 4,085,975.74 UAH.
2. Key Arguments of the Court:
The Supreme Court formulated a fundamentally important conclusion that the moratorium on conducting documentary inspections provided by the Tax Code does not apply to inspections related to compliance with currency legislation. The Court clearly delineated the regulatory spheres of the Tax Code and the Law “On Currency and Currency Transactions”, indicating that in case of contradictions, the norms of the special law on currency transactions take precedence.
The Court established that previous judicial instances incorrectly cancelled the tax notification-decision, as they did not substantively investigate the existence of currency legislation violations.
3. Court Decision: To cancel previous court decisions and refer the case for a new review to fully investigate the circumstances of the case.
