application of echr practice in the ukrainian tax disputes
TRANSCRIPT
February 25, 2015
Kyiv, Ukraine
Application of ECHR Practice in the Ukrainian Tax Disputes
ORGANISERS’INFORMATION
Hosting BranchIFA Ukraine
IFA Ukraine is the Ukrainian branch of the International Fiscal Association (IFA). IFA Ukraine is a non-profit organization established in Ukraine in 2007. IFA Ukraine was officially recognized by IFA at the 61st IFA Kyoto Congress during September 2007.
IFA Ukraine is the only organization in Ukraine dealing exclusively with international tax matters.
IFA Ukraine has grown in a short time to over 50 members.
www.ifa-ukraine.org
Central IFA
International Fiscal Association (IFA), Netherlands, is the only non-governmental and non-sectoral international organization dealing with fiscal matters over the globe. IFA brings together more than 12,000 practitioners, tax officials and academics from 111 member countries, involved in and concerned with taxation of international transactions and comparative study of tax laws.
Based in Rotterdam, IFA, since its foundation in 1938, has provided, in conjunction with the activities of each country branch, a blend of comprehensive research of international taxation and the development of programs and initiatives of current practical importance.
www.ifa.nl
INVITATION TO SEMINAR
Dear Colleagues!
Following IFAs world activities, IFA Ukraine provides a unique and neutral platform for representatives of all sectors: business, consulting, governments, the judiciary and universities to meet and discuss topical issues of international taxation at IFA Ukraine seminars.
February 25, 2015 we will hold another educating seminar, this time dedicated to application of ECHR practice in the Ukrainian tax disputes.
The event is designed to answer the question on how the ECHR practice could be applied to the tax disputes in Ukraine.
Tax litigation practitioners together with representatives of the High Administrative Court of Ukraine and the Ministry of Justice of Ukraine will -discuss whether or not Ukrainian courts are following ECHR practice in their considerations.
Using specific case-studies, speakers will cover both positive and negative approaches of Ukrainian courts as to application of ECHR practice in the tax disputes.
In the outcome, practical recommendations will be provided to attendees on maximizing the value of ECHR practice when defending their positions in the court.
We would be pleased to host you at our upcoming event, and look forward to your active participation in our professional discussions.
Sincerely,
Olena Voznyuk
IFA Ukraine President
SEMINAR SPEAKERS
Siiushov, Denys
Tax Consultant, KPMG in Ukraine
Denys is a tax consultant with KPMG in Ukraine, who specializes in tax dispute resolution. He has extensive experience in representing the clients in their tax disputes with the Ukrainian tax authorities, and in advising clients on various tax, international, corporate, contract, transport and maritime law issues. Denys is a co-author of several scientific opinions to the Supreme Court of Ukraine on various commercial law issues. As an active member of certain working groups and associations, Denys takes an active part in enhancing the Ukrainian tax and commercial laws .
Denys Siiushov has a Master’s degree (with honors) in Law from the National University “Odesa Law Academy” with focus in Civil and Economic Law.
Fomenko, Viktoriia
Associate, Dentons
Viktoriia Fomenko is an associate in Dentons’ Kyiv office. She specializes in corporate, tax and customs law issues.
Viktoria regularly provides a wide range of local and international tax advice and represents clients in tax and customs litigation.
Viktoriia graduated from the Kyiv State Institute of Internal Affairs (Law, 2004) and Kyiv State Trade Economic University (Customs Management, 2000). She speaks Ukrainian, Russian and English.
Voznyuk, Olena
President, IFA Ukraine
Olena is a Tax and Legal Partner at Nexia DK. Olena has more than 12 years of experience in advising multinational and domestic clients on tax structuring of inbound and outbound investments, M&A structuring, pre-acquisition and post-acquisition restructuring, Transfer Pricing etc.
Olena served as a tax partner and senior tax lawyer for the leading Ukrainian law firms. She also worked as tax consultant at PwC Kyiv. In February 2014 Olena was elected as the President of the Ukrainian branch of International Fiscal Association. Olena is a member of the Public Council to the State Fiscal Service of Ukraine.
Nominas, Kyrylo
Attorney at law, Associate Partner Sokolovskyi and Partners Law Firm
Kyrylo launched his professional career in 2008 as a legal adviser at Sokolovskyi and Partners Law Firm. In 2013 Kyrylo became an Associate Partner with Sokolovskyi and Partners Law Firm, where he heads the customs practice.
Kyrylo specializes in tax and customs law, representing his clients’ interests in the courts.
Kyrylo graduated from Taras Shevchenko National University (Law). He is admitted to the bar from 2009.
Nasad, Vladyslav
Ministry of Justice of Ukraine
Vladyslav Nasad is the Deputy Head of the Department for representing the state in civil disputes of the Secretariat of the Government Agent before the European Court of Human Rights.
Vladyslav joined the Secretariat in 2006 and held various offices within the department. He is the expert for precedent practice of the European Court in the spheres of civil, economic and tax law.
Vladyslav participated in hearing of such notable cases as “Oleksandr Volkov against Ukraine”, “Vitrenko against Ukraine”, “East/West Alliance Limited against Ukraine” and others.
Miliutin, Arsen
Senior Associate Egorov Puginsky Afanasiev & Partners Ukraine
Arsen Miliutin is a senior associate of the Litigation Practice at Egorov Puginsky Afanasiev & Partners Ukraine. He leads a team of lawyers when representing clients in commercial, administrative and general courts.
Before transferring to private practice he held positions of Chief of Civil and Economic Procedure Department at the office of the Government official of Ukraine in the affairs of the European Court of Human Rights (Ministry of Justice of Ukraine) and chief of legal services of large national production and trading companies.
Arsen is a member of Kyiv City Bar Association, International Bar Association and Ukrainian Bar Association.
Maydanyk, Oleksandr
Senior Associate, Egorov Puginsky Afanasiev & Partners Ukraine
Oleksandr Maydanyk is an experienced tax attorney who has led a number of complex tax advisory and tax litigation projects. He specializes in advising clients on investment taxation, including jurisdiction election and restructuring of acquired companies. Oleksandr has extensive experience in conducting tax due diligences of Ukrainian businesses and providing tax advice on complex transactions for MNCs and leading Ukrainian companies. His practice also encompasses tax structuring for corporate entities, transfer pricing matters, as well as advising clients on mitigating tax risks.
In addition, Oleksandr has a deep understanding of the various industries, which allows him to attend to the clients’ business needs and deliver a practical tax advice tailored to their specific needs.
Vakhitov, Roustam
Partner, International Tax Associates B.V.
Roustam Vakhitov is an expert in international taxation. Before joining International Tax Associates B.V. Roustam worked for consulting companies in Russia, the Netherlands and Luxembourg. He has been addressing international taxation issues since 2002, after obtaining LL.M. degree in International Taxation from Leiden University (The Netherlands).
Specialization: international taxation, tax structuring and consulting with the use of international tax treaties, supporting transactions with the use of financial instruments, structuring private investments (funds) and supporting international mergers and acquisitions, as well as Islamic finance transactions.
SEMINAR SPEAKERS
Verlanov, Serhii
Senior Legal Manager, TLS PwC Ukraine
Serhii Verlanov joined PwC in 2008 and is a Senior Legal Manager with PwC Ukraine. He has been practising litigation for over 12 years and is the Leader of the PwC Ukraine Tax Litigation Practice which currently consists of 7 professionals.
He is experienced in litigation, alternative dispute resolution techniques and public sector projects. Serhii has represented clients in administrative and court processes with regards to personal income tax, VAT, corporate profit tax and withholding tax issues. Serhii has also advised a number of multinationals on court strategies in tax cases’ portfolios, including the criminal persecution component.
Serhii holds a law degree with distinction from the Law Faculty of Ivan Franko National University of Lviv. Serhii holds a Ph.D. in European Law on Human Rights since 2008.
Blazhko, Roman
Senior Associate, Lavrynovych & Partners Law Firm
Roman has 13 years of experience in practicing law, and is one of Ukraine’s leading experts in taxation; he advises on all aspects of tax planning, Ukrainian and international taxation, tax issues in real estate, import and export of goods, tax and customs inspections. Roman has also worked on a number of complex merger and acquisition projects with regard to tax structuring of transactions, including selection of the most optimal jurisdictions for the transaction parties in terms of taxation. Roman Blazhko has vast experience in appealing against tax decision notices in administrative proceedings, representing clients’ interests in administrative courts of all instances in connection with appeals against tax decision notices, acts or omissions of tax and customs authorities.
Wednesday, February 25, 2015
09:00 – 09:05 Welcome Address
9:05 – 10:30 • ECHR Objective: Rivalry Between Positivism and Ius Naturale. Practical Application of Foreseeability Concepts in the Administrative Procedure
• European Convention on Human Rights and Taxation Sphere
• Property Protection (Art. 1 of the Protocol 1)
Panelists:
Kyrylo Nominas, Sokolovskyi & Partners
Oleksandr Maydanyk, Egorov Puginsky Afanasiev & Partners
Roman Blazhko, Lavrynovych&Partners Law Firm
Arsen Miliutin, Egorov Puginsky Afanasiev & Partners
10:30 – 11:00 Networking Coffee Break
11:00 – 12:00 • The Right for a Fair Trial in Disputes with Tax Authorities: Civil and Criminal Aspects of Art. 6 of the Convention
• Practical Recommendations
Panelists:
Denys Siiushov, KPMG
Viktoriia Fomenko, Dentons
Roustam Vakhitov, International Tax Associates B.V.
Vladyslav Nasad, Ministry of Justice of Ukraine
Serhii Verlanov, PwC Ukraine
General Partners Information Support Hosting Company
GENERAL INFORMATION
Official Website For detailed and updated Seminar information, we invite you to visit the IFA Ukraine website at ifa-ukraine.org
Official language
The Seminar language will be Ukrainian/Russian.
Venue
Seminar will take place at Egorov Puginsky Afanasiev & Partners (38 Volodymyrska St.), Kyiv, Ukraine.
Sponsorship
If you are interested in sponsorship opportunities, please contact IFA Ukraine at [email protected].
Registration Office
For inquiries regarding registration and accommodation, please contact:
IFA Ukraine Tel.: +380 067 243 42 29 Email: [email protected]
Registration
We invite you to register online.
To activate online registration link please click here .
Registration Fee
Non-members – UAH 1,500; IFA Ukraine Members – UAH 1,000.
Registration Inclusions
Seminar registration includes participation in sessions, electronic access to technical papers and refreshments during seminar hours.
Payment Order IFA Ukraine will email the invoice upon receiving electronic registration.
All charges related to payments by bank transfers must be covered by the Participants.
Seminar hours
9 am – 12 am
Information Support
General Partners
Hosting Company