Effective way of eliminating violations of rights and resolution of disputes with the customs authority, which should know
Customs legislation is very complex and massive, in terms of the volume of contained information and understanding. Of all the subjects of customs legal relations their own, sometimes different from the customs authority, opinion on the correct application of customs legislation because of the different challenges they face and the available legitimate interests. That is why there are conflicting interpretations of conflict situations in the context of law enforcement activities and interaction of customs authorities with other stakeholders in carrying out customs operations. In this regard, the legislator has provided for legal mechanisms to address emerging doubts about the legality of the accepted by the customs authorities and their officials decisions, committed actions (inaction).
One of the most effective is the method specified by article 265 of the Federal law of 3 August 2018 No. 289-FZ “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”.
Method implies that the person whose rights and lawful interests have been affected by the action or inaction of the customs authority is entitled to request this customs authority about the reasons and the grounds for the decision or action committed or the reasons for no decision or action.
Request the necessary information can be both verbal and in writing. An oral request shall be considered by the customs body on the day of receipt of the request. When submitting a written request, the response must be given in writing within 10 days from the date of receipt of the request.
The request must be filed within six months from the date of the decision, action (omission) or the expiry of the statutory period of their adoption, the Commission or from the date when the person became aware of the decision, the committed action (inaction).
If the person after receipt of the response to the request found a violation of his rights and legitimate interests, it may take legal measures for their protection – the filing of a complaint in the superior customs authority, i.e. pre-trial appeal procedure provided for in Chapter 51 of the Federal law of 3 August 2018 No. 289-FZ, or appeal to the court.
There are clear advantages of pre-trial appeal procedure, which we describe in the following press release.
Pay attention to the physical persons moving the goods for personal use! Of course, they find themselves one on one with the government in the face of employee of the customs authority, an ordinary person, not possessing special knowledge of the law, is the most unprotected and vulnerable. In this regard, with 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 and provided advice in preparing the complaint.
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. It should be noted that consideration of the complaint and advising on customs Affairs in the customs authorities is made in a timely and free basis.
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