Consider the advantages of a departmental (non-judicial) of dispute resolution and problem situations that arise in the course of customs operations when moving goods and vehicles across the customs border of the Eurasian economic Union (recall that the Eurasian economic Union currently includes Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, between specified States of the customs border is missing).
First, it is the fastest way to resolve the dispute.
If the judicial method of protection can last for months, as civil-procedural and arbitration-procedural legislation of the Russian Federation provide for the right of the court to consider the case for a few months, the other party in litigation is entitled to appeal the decision to a higher court, the departmental appeal procedure provides for far fewer formalities that must be followed before you apply for protection of their rights.
Term of consideration of an appeal against a decision, action (inaction) of a customs authority or its officer, within one month from the date of its receipt by the customs authority. This period may be extended by the chief of this customs body with indication of the reasons for the extension, but not more than one month, as reported by the person who filed the complaint, in writing.
The decision of the superior customs authority on the appeal comes into force immediately and is mandatory for the subordinate customs body shall be performed within 15 working days of receipt by the customs body, the decision, action (inaction) which is deemed illegal, regardless, I agree this customs authority with this decision or not. Usually only one decision on the complaint to change the position of the customs authorities. If the decision on the complaint will repeal the court and the customs authority with this decision the court does not agree, he will appeal the court decision in other courts.
Second, the pre-trial procedure of appeal will reveal all differences and views on the dispute between the customs authorities and participants of foreign trade activities, and allow the last, with continuing disagreement with the customs authorities more clearly, convincingly and clearly Express its position as at the appeal to the higher customs authority and subsequent appeal to the courts.
Thirdly, the departmental appeal is the best way to protect their rights and legitimate interests. When filing a complaint in administrative procedure there is no obligation to pay state duty in contrast to the court of appeal where such an obligation is stipulated for legal entities and individual entrepreneurs. Not required the costs of a lawyer who will defend position in court with the formalities of the judicial process. Enough to make a written complaint with the observance of simple formalities prescribed by Chapter 51 of the Federal law “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” dated 03.08.2018 No. 289-FZ.
The personal involvement of the Complainant in the complaint process by the customs body is not required. In confirmation of the arguments of the complaint do not need to submit documents, while turning to the court, the plaintiff must present all the documents confirming specified in statement of claim the arguments.
In addition, the adoption by the customs body decision on the appeal against the decision, action (inaction) of a subordinate customs body in the customs sphere does not affect the right of a person to appeal in a subsequent decision, action (inaction) of a subordinate customs body in court if the superior customs authority will make the decision on refusal in satisfaction of the complaint of the applicant.
Fourth, the procedure of hearing the complaint involves the participation of a wide range of officials, which guarantees the impartiality and objectivity of the consideration of the arguments of the complaint.
Draft decision prepares the legal unit and the relevant structural units. This project is coordinated by the heads of structural subdivisions, the final decision is taken by the head of the customs authority. Thus, possible “narrow and speculative” assessment of the arguments of the complaint.
In connection with the policy pursued by the leadership of the customs service, the customs authorities are extremely interested in adoption of illegal decisions, illegal actions (inactivity) and decision in connection with such decisions, actions (inaction) of court decisions not in favor of the customs authorities. Therefore, the superior customs authority making the decision on the appeal will always be to strive for the adoption of a lawful and reasoned decision on any complaint, objective and complete consideration of all the arguments, set out in the complaint, and the officials who have committed illegal acts shall bear legal liability, including disciplinary, administrative or criminal.
It should be noted that consideration of the complaint and advising on customs Affairs in the customs authorities is made in a timely manner and at no charge.
A personal visit to the Samara customs office with a complaint against a decision, action (inaction) of officials in the Samara customs and subordinate customs posts You will be individually explained the procedure for appealing decisions, actions (inaction) in the field of customs Affairs. Will be provided with advice in writing of complaints against decisions taken by customs authorities. There will be consultations on the application of the customs legislation.
Our goal is to help citizens quickly and cost-effectively to understand the correct application of them and the officials of the customs bodies of the customs legislation, to resolve disputes without bringing a lawsuit.
All the counselling in the field of customs You can contact Samara customs office at the following phone numbers:
(846) 933-74-17 (autoinformer), 933-73-32, 933-73-49, 933-72-84
Daria Metelkina,
the press-Secretary of the Samara customs