Definition Supreme Court of the Russian Federation and the decision of Arbitration court of the Central district recognized as lawful decision of the customs office of the Sevastopol customs refusal to release the goods – cement products – in connection with failure acts additional inspection control on the declared production.
The safety and quality of cement used in the construction of residential buildings and socially important facilities, is essential to life and health of people.
So, realizing their functions compliance with the prohibitions and restrictions in respect of imported goods, in 2018 when checking goods declarations, officials of the Sevastopol customs asked the participant of foreign economic activity documents to conduct an additional inspection control in respect of imported consignments of cement products. Company such documents were not provided, therefore, the customs authority adopted the decision to refuse the release of goods for domestic consumption on the territory of the Russian Federation.
A trader did not agree with this decision and, finding that his rights have been violated, went to court.
Practice of consideration of such cases in the Russian Federation was heterogeneous.
Officials of the Sevastopol customs with the support of the Federal customs service made adjustments to the practice of such disputes and in 2018 the Arbitration court of the city of Sevastopol was taken early decision in favor of customs.
Despite this, the traders continued to defend his point of view, and the court of cassation adopted a resolution on cancellation of the decision of Arbitration court of the city of Sevastopol to a higher court.
When considering the appeal of the Sevastopol customs on the decision of the Arbitration court of the Central district of the Supreme court of the Russian Federation upheld the legality of actions of customs authorities in the implementation of compliance with the prohibitions and restrictions on importation of cement products in the territory of the Russian Federation.
All the arguments voiced in the courts of the officials of the Sevastopol customs were adopted by the Supreme Court of the Russian Federation.
Juliana Koshkalda, the press Secretary of the Sevastopol customs