Sudya of administrative structure Arbitration court Moskovsky okrug Cherpukhina Vera was allocated for div by from consideration of tax dispute as representatives of the claimant in which employees LLC "Pepelyaev Group" act, reported "Pravo.Ru" a source in court. Earlier Cherpukhina Vera to which cloak deprivation threatens, asked for the help the head of a yurkompaniya Pepelyaev Sergei that allowed IFNS to suspect it of bias and to demand branch.
In November of last year of JOINT-STOCK COMPANY MTZ "FILIT" addressed in ASGM with the requirement to nullify the solution of the Moscow INSPECTORATE OF THE FEDERAL TAX SERVICE NO. 30 about involvement of the enterprise to responsibility for a tax offense (business No. A40-216801/2015 ). On June 15 the current year the court refused satisfaction of the claim, and on September 9 this decision occupied Ninth arbitration appeal court .
In both instances interests of the claimant were presented by employees LLC "Pepelyaev Group": senior partner Nikonov Andrey , head of group of tax practice Litvinova Xenia and lawyer Yeremina Eugenia . Yeremina Eugenia submitted on behalf of MTZ FILIT plant the appeal in the EXPERT of MO who was accepted to production on November 8.
Business got on consideration to "three" under the chairmanship of the judge Cherpukhina Vera , whose legal experience makes more than 30 years. The first meeting took place on November 30 and in business the break, however definitions with information on it in system in system kad was declared. Site of Highest arbitral tribunal Russian Federation still are not present a. At the second meeting on December 7 Cherpukhina Vera also were declared branch, reports a source in court. According to him, the tax inspection refers, that in a break between meetings in mass media there was information on the circulation of chapter of court Shurshalova Natalia in VKKS with representations concerning Cherpukhina Vera and her colleagues Zhukov Andrey . On Cherpukhina Vera Zhukov Andrey decided not to set representation in motion for the period of her illness, and here a question of deprivation of a cloak who works in the EXPERT of MO since 2000, became the main thing in the agenda of meeting of VKKS on November 23.
In particular, on it discussed two tax disputes on which "three" with participation Zhukov Andrey and Cherpukhina Vera adopted resolutions not in favor of IFNS. The resolutions cancelled subsequently by the Supreme Court in both cases took out Zhukov Andrey and Cherpukhina Vera, and the third judges - Antonova Marina and Yegorova Tatyana - having disagreed with them, wrote dissenting opinions which found support in an ekonomkollegiya. Zhukov Andrey at meeting of VKKS claimed that it is not guilty in anything: they about Cherpukhina Vera did not consider case on a being, and only directed business on revision "for observance of procedural guarantees – equality of the parties and competitiveness". As a result of VKKS took out to it the prevention and accepted resignation at own will (see" VKKS the EXPERT of MO Zhukov Andrey released in resignation the judge, without having deprived of it a cloak ").
Cherpukhina Vera meanwhile decided to get support of the known lawyer Pepelyaev Sergei , and through it and authorized on protection of the rights of businessmen Boris Titov . About it to newspaper "Kommersant" reported sources in judicial system. The head LLC "Pepelyaev Group" did not begin to make comments on the address to the ombudsman, however emphasized that is familiar with both judges of nearly 20 years, and characterized them as "independent, thoughtful judges", which in power any business. According to the estimates of the edition, for the last shestiletka lawyers LLC "Pepelyaev Group" took part almost in 140 processes in district arbitration on affairs which Zhukov Andrey and Cherpukhina Vera (see" were in production
Having referred to this information, representatives of INSPECTORATE OF THE FEDERAL TAX SERVICE NO. 30 at today's meeting in the EXPERT of MO demanded branch Cherpukhina Vera as from the claimant employees take part in process LLC "Pepelyaev Group" which have job dependency from the head of a yurkompaniya. Tax assumed that there are circumstances which can raise doubts in impartiality of the judge that on the basis of subitem 5 of item 1 of the Art. of 21 agrarian and industrial complex is the basis for its branch. The court agreed with these arguments and discharged Cherpukhina Vera of consideration of the case.