In 2019 marked increase in the level of the legality of decisions in the field of customs, accepted by customs authorities in the Siberian region
Last year the customs authorities of Siberia granted 30 complaints of participants of foreign economic activity on decisions, actions (inaction) of customs authorities in customs cases. It is almost two times less than in 2018 (58 complaints).
The decrease in the number of complaints indicates an increase in the level of legitimacy of decisions taken by customs authorities in the Siberian region, which is the fundamental principle in the activities of the customs authorities.
– Out-of-court procedure of appeal allows the applicant to reduce time and financial costs, – said the head of Department of control over observance of legality in the field of customs of the Siberian customs Department Nikolay Dorofeyev, – in this case, first, there is no necessity of payment of state duty, which provided for appeal to the court, and secondly, you do not need the involvement of specialists to provide legal aid for defending the interests in court. In addition, the term of consideration by the customs body of the complaint is limited to one month, while the consideration of statements of claim in court takes much more time.
In 2019, the most frequent were subject to appeal decisions, actions (inaction) taken (committed) in the application of customs procedures and customs operations, in determining the customs value of the goods, and also in determining the classification code of goods according to the FEACN of the cu.
In total, 2019, the customs authorities of the Siberian region are considered 87 complaints. Unsatisfied left 34 of the complaint. A refusal to consider applicants for 23 complaints, for the most part, in connection with the failure to comply with the requirements as to the form and content of the complaint.
– One should note that currently the complaints procedure to the customs authority for legal persons is simplified, because there is no need to submit along with the complaint confirming the powers of heads of organizations of documents, – said Nikolay Dorofeyev, – the authority the customs authority will verify independently through the use of an electronic service hosted on the website of the Federal tax service, tax ID, which is mandatory to be specified in the complaint.
It is extremely important to be aware of the deadline for appeal, which is three months 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. At the same time, this term may be restored for good reasons at the applicant’s request, submitted in writing in a separate document simultaneously with the complaint or the text of the complaint. With this application, provided proof of the causes of missed deadline for appeal.
Siberian customs Department also encourages the traders to implement under article 265 of Federal law No. 289-FZ “On customs regulation in the Russian Federation” the right to appeal to the customs authorities with requests, both orally and in written form about the reasons and the grounds for the decision or action committed or the reasons for the failure to act, inaction. Thus, the oral request shall be considered by the customs authority on the day of receipt and in writing within ten days from the date of its receipt.
More information on the procedure and periods for appeal can be found on the website of the Siberian customs Department www.customs.ru in the Information section for foreign economic activity participants, as well as on the information boards located in the customs authorities.
Department of public relations of STU