Court Proceedings on Tax Inspection of Radio Liberty Begin

July 1st, 2016

radio

Summary: Hearing 1 (June 23)

 While evaluating the eligibility of the legal representatives, the judge discovered that Adil Ismayilov’s power of attorney had been issued by RFERL Inc Company. The power of attorney was attached to the lawsuit. The judge said the power of attorney did not specify whether it authorized Adil Ismayilov to act as the defendant, the plaintiff, or their representative, nor in which specific court. Adil Ismayilov responded that the Prosecutor’s Office had seized all the documents, including the stamp, during the search of Radio Liberty’s Baku Bureau, and that none of the items have been returned to date;
 Arzu Huseynov, the representative of the Ministry of Taxes, objected to the fact that the Ministry of Taxes was recognized as the defendant in the case. He noted that it was Baku City Taxes Department that had drawn up the “Act” summarizing the results of the inspection of the Radio Liberty’s Azerbaijani Representative Office. “The Ministry of Taxes does not have an administrative act on this case,” he said;
 Radio Liberty’s Azerbaijani Representative Office was given time to resolve the issues related to both the power of attorney and the naming of the defendant.

Baku Administrative Economic Court #1, chaired by Judge Sharafat Mammadova, held a hearing on the lawsuit filed by the Azerbaijani Representative Office of the Radio Liberty against the Ministry of Taxes. Radio Liberty seeks the annulment of the “Act” compiled by the tax authority as a result of the inspection conducted between January 2015 to March 2016, and the invalidation of the decision made on the basis of the “Act.” Under the “Act” in question, Radio Liberty has been issued with a fine of 131,540 AZN.

The hearing was attended by Adil Ismayilov, representing the plaintiff Radio Liberty, and Arzu Huseynov defendant Tax Ministry, the defendant.

While evaluating the eligibility of the legal representatives, the judge discovered that Adil Ismayilov’s power of attorney had been issued by RFERL Inc Company. The power of attorney was attached to the lawsuit. The judge said the power of attorney did not specify whether it authorized Adil Ismayilov to act as the defendant, the plaintiff, or their representative, nor in which specific court.

Adil Ismayilov responded that the Prosecutor’s Office had seized all the documents, including the stamp, during the search of Radio Liberty’s Baku Bureau, and that none of the items have been returned to date.
“At this moment, the representative office does not, in effect, have its stamp or its director. In this scenario, the Azerbaijani Representative Office cannot grant me power of attorney. However, the general power of attorney issued to me by the company entitles me to act as the head of the representative office.”

Arzu Huseynov, the representative of the Ministry of Taxes, objected to the fact that the Ministry of Taxes was recognized as the defendant in the case. He noted that it was Baku City Taxes Department that had drawn up the “Act” summarizing the results of the inspection of the Radio Liberty’s Azerbaijani Representative Office. “The Ministry of Taxes does not have an administrative act on this case,” he said.

Radio Liberty’s Azerbaijani Representative Office was given time to resolve the issues related to both the power of attorney and the naming of the defendant.

The next hearing on the case was set for June 29, 16.20.