Corporate, Commercial Law and Dispute Resolution · Contracts, Commercial Law and Transactions
Unscheduled inspection grounds determine whether a regulator may conduct a business inspection outside the ordinary inspection plan. Before providing documents or access, the company should identify the statutory basis stated in the order or other authorising document.
What an Unscheduled Inspection Is
An unscheduled inspection is conducted outside the approved plan and may use different notice rules from a scheduled inspection. It must still rely on a legal ground provided by applicable legislation.
Complaints, Applications or Reports
Complaints from individuals, counterparties or other authorities containing information about possible business violations are one potential basis.
Violations Identified During Earlier Control
Additional inspection activity may follow findings from a previous scheduled inspection or other control measure where further verification is required.
Court or Prosecutorial Decision
The source material also lists a court decision or prosecutorial instruction connected with criminal or administrative proceedings as a possible ground.
Information from Law-Enforcement Authorities
Information from police, the Security Service of Ukraine or other law-enforcement bodies about possible tax evasion or other offences may trigger further regulatory action where the legal conditions are met.
Failure to Provide Required Documents
Refusal to provide documents or information that the taxpayer is legally required to submit may itself create grounds for additional inspection activity.
Other Risk Information
Source material refers to cases where an enterprise has not been inspected for a long period and information suggests possible violations. Any such basis should still be checked against the current statutory rules before the inspection is accepted as lawful.
Business Rights During the Inspection
review the documents authorising the inspection;
participate through management or an authorised representative;
receive and review procedural documents;
challenge unlawful actions and the resulting conclusions.
Legal support may include review of the inspection ground, analysis of the authorising documents, representation during the inspection and challenge of unlawful actions.
Unscheduled-inspection defence starts with the legal ground and the wording of the authorising document. Confirming the regulator’s authority before substantive document review gives the business a stronger position if the inspection or its results later need to be challenged.
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Price: Grounds for Unscheduled Business Inspections in Ukraine