“Good report” – action on complaints against decisions, actions (inaction) of customs bodies and their officials in the field of customs. Is this action of the Tyumen customs on a quarterly basis to ensure the protection of rights, freedoms or legitimate rights of participants in foreign economic activities and physical persons transporting commodities through the customs border of the Eurasian economic Union.
The event will take place on 25 June 2020 in the administrative building of the Tyumen customs and on customs posts 13 of the Tyumen customs office at the following addresses:
Tyumen customs – 625048, Tyumen, street Refrigerating, building 58A (from 9.00 to 18.00);
Tyumen customs post – 625014, Tyumen, Respubliki str., building 252, structure 38 (from 9.00 to 18.00);
Customs post of the Airport Roschino – 625033, Tyumen, St. S. Ilyushin, 10, Airport Roschino (from 9.00 to 18.00);
Tobolsk customs post – 626150, Tyumen region, Tobolsk, Industrial zone, the base CIP, building B (8.00-17.00);
Kurgan customs post – 640014, Kurgan region, the barrow, street Burova-Petrov, house 132 (9:00 to 18:00);
Nizhnevartovsk customs post – 628624, Tyumen oblast Khanty-Mansi Autonomous Okrug – Yugra, Nizhnevartovsk, St. Khanty-Mansi, D. 256 (from 9:00 to 18:00);
Novy Urengoy custom post – 629300, Tyumen oblast Yamalo-Nenets Autonomous Okrug, New Urengoy, St. XXVI Congress of the CPSU, d. 10 (8:45 to 18:00);
November customs post – 629805, Tyumen oblast, Yamalo-Nenets Autonomous district, Noyabrsk, South-East of the site, panel I-A (from 9:00 to 18:00);
The Salekhard customs post – 629000, Tyumen region, Yamalo-Nenets Autonomous district, Salekhard, St podshibyakina, d. 21 (from 8:30 to 18:15);
Surgut customs post – 628418, Tyumen oblast, Khanty-Mansi Autonomous Okrug – Yugra, Surgut, ul Profsoyuzov, d. 33 (from 9:00 to 18:00);
Customs post of the Airport Nizhnevartovsk – 628613, Tyumen oblast, Khanty-Mansi Autonomous Okrug – Yugra, Nizhnevartovsk, street of Pilots, d. 2 (from 9:00 to 18:00);
Tarkosalinsky custom post – 629850, Tyumen region, Yamalo-Nenets Autonomous Okrug, Purovsky R-n, Tarko sale, Gubkina, d. 2A, korp. 2 (9:00 to 18:00);
Khanty-Mansiysk customs office – 628000, Tyumen region, Khanty-Mansi Autonomous Okrug of Yugra, Khanty-Mansiysk, airport, terminal complex (from 9:00 to 18:00);
Ugra custom post – 628260, Khanty-Mansi Autonomous Okrug – Yugra (Tyumen region), Yugorsk, ul Popova, d. 1 (from 9:00 to 18:00).
How and where to file a complaint if You believe that a decision, action (inaction) of a customs authority violated Your rights, freedom or legitimate interests, created the obstacles to their implementation or unlawfully imposed any obligation?
As practice shows, the majority of participants of foreign economic activity use the judicial appeal procedure (appeal procedure with the greatest financial and time costs).
However, the Tyumen customs drew the attention of participants of foreign economic activities and physical persons to dispute resolution in the field of customs Affairs out of court. Institute for departmental appeal (in the superior customs authority) is an effective mechanism for the resolution of conflicts arising in customs relations.
The departmental appeal to the higher customs authority when compared to a judicial order of the appeal has several advantages:
the simplicity of the appeal;
– no cash outlay, including related to the payment of the state fee;
– responsiveness to complaints;
– does not preclude the subsequent filing of a complaint of similar content in the bankruptcy court, the court;
– professional competence of customs officials customs authorities considering the complaint;
– the decision on the appeal takes effect immediately subordinate to the customs authority has no right to challenge it.
Departmental (pre-trial) appeal procedure regulated by Federal law from 03 August 2018 No. 289-FZ “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” (hereinafter – the Law).
In accordance with part 1 of article 288 of the Law the complaint is filed to the customs body the customs body, the decision, action (inaction) which are appealed; appeal of a decision, action (inaction) of a customs post is submitted to the customs.
Part 1 of article 289 of the Act establishes a three-month deadline for filing complaints:
1) from the date when the person became aware or should have become aware of a violation of his rights, freedoms or legitimate interests, creating obstacles to their realization or illegal imposition on him of any responsibilities;
2) from the date of expiry of the period for acceptance by customs body of the decision or action should be prescribed by international treaties and acts in the sphere of customs regulation, the legislation of the Russian Federation on customs regulation.
In case of missing the deadline for appealing against the actions (inaction) specified term may be restored at the applicant’s request, if the customs authority acknowledges the reason for the missing to be respectful. A petition for restoration of term of the appeal shall be submitted in writing in a separate document simultaneously with the complaint or it may contain the text of the complaint. With this application, provided proof of the reasons for missing the deadline to appeal (part 2, 3 of article 289 of the Law).
According to part 1 of article 290 of the Act, the appeal shall be submitted to the customs authority in writing and must be signed by the applicant or his representative.
Complaint on decision, action (inaction) in the area of customs shall include:
1) the name of the customs authority the decision, actions (inaction) which are appealed;
2) the surname, name, patronymic (if available), place of residence of the individual or name of the legal entity filing the complaint, taxpayer identification number, its location;
3) the merits of the appealed decision, actions (inaction);
4) the grounds on which the person filing the complaint believes that his rights have been violated (part 3 of article 290 of the Act).
From 1 January 2022 , the complaint may be filed in electronic form.
The complaint must be considered by the customs body within one month from the date of its receipt by the customs body empowered to consider the complaint. A complaint filed without complying with the requirements of part 1 of article 288 of this Law, shall be considered by the customs body within two months from the date of its receipt in customs body, competent to consider the complaint (paragraph 1 of article 297 of the Law).
The decision of the customs authority on the appeal may be appealed to the higher customs authority and (or) the court (part 7 of article 298 of the Law).
A press-the Secretary Tyumen customs