It is registered
Ministry of Justice
Russian Federation
On February 13, 2020 No. 57499
of January 9, 2020 No. 1
About approval of Administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic
According to part 3 of article 214 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, the Art. 5082), the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2019, No. 31, the Art. 4469), Item 1 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of September 16, 2013 No. 809 (The Russian Federation Code, 2013, No. 38, the Art. 4823, 2016, No. 17, the Art. 2399), the Rules of development and approval of administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, to No. 46, of the Art. 7050), I order:
1. Approve the enclosed Administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic.
2. To impose control of execution of this order on the deputy manager of FCS of Russia responsible for the corresponding activity.
3. This order becomes effective after thirty days after day of its official publication.
Head
V. I. Bulavin
Approved by the Order of the Federal Customs Service of the Russian Federation of January 9, 2020, No. 1
1. The administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic (further - Administrative regulations) establish terms and the sequence of ministerial procedures (administrative actions) of customs authorities, order of interaction when carrying out customs control of customs authorities with participants of foreign economic activity and other state bodies.
2. Customs control when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic (further - the state control).
3. The state control is exercised by the Federal Customs Service. On behalf of FCS of Russia directly state control is exercised by the customs authorities of the Russian Federation which are in check points through Frontier of the Russian Federation (further respectively - customs authorities, check points) in which import and export to the Russian Federation of goods and rail vehicles of international delivery is performed (further - rail transport).
4. The list of the regulatory legal acts regulating implementation of the state control is posted on the official site by FCS of Russia on the information and telecommunication Internet (further - the website of FCS of Russia, the Internet) (www.customs.ru), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the Single portal of the state and municipal services (functions).
5. Subject of the state control is the customs control which is carried out by officials of structural divisions of the customs authorities which are in the railway check point (further - ZhDPP) within which competence implementation of customs transactions and carrying out customs control concerning the imported and exported goods (further - officials, structural division), behind observance by carrier of the acts constituting the right of the Eurasian Economic Union (further - the right of EEU), and (or) legislations of the Russian Federation on customs regulation is (further - the Legislation on customs regulation).
6. Officials when implementing customs control when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic have the right:
perform observance by carrier and other persons of rules of law of EEU and the Legislation on customs regulation, provisions of Administrative regulations;
perform completeness and reliability of the submitted documents and data established by Articles 7, of 11, of 88, of 89, 92 Customs codes of the Eurasian Economic Union (The Federal Law of November 14, 2017 No. 317-FZ "About ratification of the Agreement on the Customs code of the Eurasian Economic Union" (The Russian Federation Code, 2017, No. 47, of the Art. 6843) (further - the Code of the Union);
request and receive documents and data which are connected with carrying out the customs transactions made when importing (arrival) of the goods moved with railway transport to the Russian Federation or export (departure) of the goods moved with railway transport from the Russian Federation in the international freight traffic;
take the measures provided by international treaties and the right EEU, the Legislation on customs regulation, and also other regulatory legal acts of the Russian Federation for the purpose of providing with carriers and other persons of observance of these acts (Item 1 of part 1 of article 259 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32) (further - the Federal Law);
apply measures for risk minimization, including within risk management system (further - the RMS);
use technical means of customs control;
perform information collection about persons performing the foreign economic activity connected with movement of goods through Frontier of the Russian Federation, or other activities concerning the goods which are under customs control (Item 1 of article 361 of the Code of the Union);
request, and in the cases established by the Code of the Union, demand from the customs applicant, carrier, persons performing activities in the field of customs affairs and other persons of submission of the documents and (or) data necessary for carrying out customs control, and also to establish the term of their representation which shall be sufficient for submission of the required (requested) documents and (or) data (Item 1 of article 340 of the Code of the Union);
require documents and data, including on telecommunication channels, including through the information resource "personal account" placed on the Internet (further - personal account) which representation is provided by international treaties, the right EEU and the Legislation on customs regulation (Item 2 of part 1 of article 259 of the Federal Law);
demand from persons of confirmation of powers on implementation of certain activities in the field of customs affairs or making of certain actions (Item 3 of part 1 of article 259 of the Federal Law);
detain and bring to service premises of customs authority or to law-enforcement bodies of the Russian Federation persons suspected of making of the crimes which committed or committing crimes or administrative offenses in the field of customs affairs (customs offense), in accordance with the legislation of the Russian Federation (Item 5 of part 1 of article 259 of the Federal Law);
perform within competence information exchange with public authorities, other bodies and the organizations (Item 8 of part 1 of article 259 of the Federal Law);
perform other rights provided by the right of EEU and the Legislation on customs regulation.
Officials when implementing the state control shall:
request within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2016, No. 18, of the Art. 2647, of 2019, No. 41, of the Art. 5737) (further - the order of the Government of the Russian Federation of April 19, 2016 No. 724-r) (further - the interdepartmental list), from other state bodies are local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;
exercise control of observance by carrier and other persons of the right of EEU and the Legislation on customs regulation;
observe the international agreements, the right of EEU and the Legislation on customs regulation (Item 1 of article 258 of the Federal Law);
provide information in the Eurasian economic commission on places of arrival (departure), about the set restrictions and about working hours of customs authorities, including with use of information technologies (item 4 of article 10 of the Code of the Union);
acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative with the documents and (or) information received within interdepartmental information exchange;
not demand from the legal entity, the individual entrepreneur of submission of documents and (or) information, including allowing documents, available other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, included in the list of documents and (or) information requested and received within interdepartmental information exchange by state control bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r (Item 2 of article 80 of the Code of the Union) approved by the order of the Government of the Russian Federation of April 19, 2016 are;
observe provisions of Administrative regulations.
7. The carrier has the right:
on own initiative to submit the documents which are available for it and (or) information which are at the disposal of other state bodies of local government bodies or subordinated to state bodies or local government bodies of the organizations and are included in the interdepartmental list;
on acquaintance with documents and information on themselves which is available for customs authorities and on amendment of this information for the purpose of ensuring its completeness and reliability including received by customs authorities within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information included in the interdepartmental list (Item 3 of article 361 of the Code of the Union) are;
appeal the decision, action (failure to act) of customs authority and its official if such decision, by action (failure to act), according to this person, violates its rights, freedoms or legitimate interests, to it obstacles to their realization are created or any obligation (part 1 of article 285 of the Federal Law) is illegally assigned to it;
charge to submit documents and data to the customs representative or other persons acting at the request of carrier (Item 2 of article 88 of the Code of the Union);
perform other rights provided by the right of EEU and the Legislation.
8. The carrier shall:
1. in case of commodity importation to the Russian Federation:
1) to provide the preliminary information at least in 2 hours prior to their movement through Frontier of the Russian Federation (if time of transportation of goods by rail from the moment of departure of railroad train from the railway station of the adjacent railroad before import to customs area of the Eurasian Economic Union (further - EEU) constitutes less than two hours, to provide the preliminary information before the actual departure of railroad train from such station) (item 4 of the Procedure for submission of the preliminary information about the goods assumed to import to customs area of the Eurasian Economic Union by rail approved by the Decision of Board of the Eurasian economic commission of April 17, 2018 No. 57 (it is published on the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on April 20, 2018), with changes, brought by the Decision of Board of the Eurasian economic commission of 31.07.2018 No. 124 (it is published on the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on August 3, 2018) (further - the Decision of Board of ECE No. 57);
2) to deliver goods to the place of arrival or other place determined according to Item 3 of article 10 of the Code of the Union (Item 1 of article 87 of the Code of the Union);
3) if after crossing of Frontier of the Russian Federation the goods delivery to the place of arrival is interrupted, to take all measures for ensuring safety of goods, to report without delay in the nearest customs authority about these circumstances and about the location of goods, and also in case of damage of the vehicle to transport goods or to provide their transportation (transportation) in the nearest customs authority or other place specified by customs authority (Item 2 of article 87 of the Code of the Union);
4) to notify customs authority on arrival of goods on customs area of EEU by submission of documents and data, stipulated in Article 89 Codes of the Union, or by submission of the document containing data on number of registration of the preliminary information presented in the form of the electronic document in the following terms:
within 4 hours from the moment of statement of railroad train in the customs control zone at the check point, and in case of arrival out of working hours of customs authority - within 4 hours from the moment of approach of time of the beginning of work of customs authority (Item 3 of part 3 of article 85 of the Federal Law);
during 3 working hours of customs authority from the moment of the notification on arrival if other term is not established the right EEU and the Legislation concerning the goods transported by railway transport to make one of the customs transactions connected (Item 5 of article 88 of the Code of the Union):
with goods placement on temporary storage;
with transportation (transportation) of goods from places of arrival to the place of temporary storage according to the procedure, No. 444 established by the order of FCS of Russia of March 18, 2019 "About approval of the Procedure for making of customs transactions when placing goods on warehouse of temporary storage and other places of temporary storage, in case of storage and issue of goods, the Order of registration of the documents submitted for goods placement on temporary storage and issues of confirmation about document registration, the Procedure for issue (refusal in issue) permissions to carrying out the transactions specified in Item 2 of Article 102 of the Customs code of the Eurasian Economic Union, determination of Conditions and the Procedure for issue (cancellation) for permission to temporary storage of goods in other places, the Method of provision of the reporting by owners of warehouses of temporary storage and persons who got permission to temporary storage in places of temporary storage of goods, report forms, procedure for their filling and also procedure and terms of submission of the reporting" (it is registered by the Ministry of Justice of the Russian Federation 17.04. 2019, registration No. 54416);
with customs declaration of goods;
with goods placement under customs procedure of free customs zone in the territory of the port free economic zone (further - SEZ) or logistic SEZ;
with commodity exportation from customs area of EEU;
perform other obligations provided by the right of EEU and the Legislation.
2. in case of commodity exportation from the Russian Federation:
1) to submit to customs authority documents and data provided by the subitem 4 of Item 1 of Article 89 and article 92 of the Code of the Union;
2) to perform other obligations provided by the right of EEU and the Legislation.
9. Factual determination of observance (non-compliance) by carrier of the right of EEU and the Legislation on customs regulation is result of implementation of the state control.
10. The exhaustive list of documents and (or) information requested during customs control personally at carrier is established by the subitem 4 Items 1, Item 2 of Article 89 and article 92 of the Code of the Union:
In case of international delivery rail transport the carrier submits the following documents and data:
transport (transportation) documents;
the transfer sheet on railway rolling stock;
the document containing data on supplies;
the documents accompanying the international mailings in case of their transportation determined by acts of Universal Postal Union;
the business documents which are available for carrier on the transported goods;
data about:
sender and receiver of goods (name and address);
stations of origin and stations of destination of goods (name);
quantity of cargo pieces, their marking and types of packagings of goods;
goods (names and commodity codes according to the Harmonized commodity description and coding system or the Commodity nomenclature of foreign economic activity at the level there are at least first 6 signs);
gross weight of goods (in kilograms);
identification numbers of containers.
the documents and (or) data confirming observance of prohibitions and restrictions according to article 7 of the Code of the Union;
data on registration of the preliminary information with indication of registration number of the preliminary information;
the declaration on goods or its copy, the transit declaration, or data on the declaration on goods or the transit declaration.
11. The exhaustive list of documents and (or) information requested and received during customs control within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, is established by the interdepartmental list.
12. The procedure for informing on execution of the state control, data on course of execution of the state control is posted on the official site of FCS of Russia, the Single portal of the state and municipal services (functions) and in the federal register.
Information on procedure and course of execution of the state control is by phone provided directly by officials.
In case of the written address informing on procedure and course of execution of the state control is performed in writing by the direction to the applicant of the reply of customs authority.
13. Information on the location, the working schedule, e-mail addresses, numbers of telephone numbers for enquiries and phones answerphones of regional customs authorities and customs is placed:
at information stands in the locations of regional customs authorities and customs;
on the websites of the regional customs authorities and customs which are directly subordinated to FCS of Russia on the Internet;
on the Single portal of the state and municipal services (functions).
The website of FCS of Russia contains references to the websites of the regional customs authorities and customs which is directly subordinated to FCS of Russia on the Internet.
The websites of regional customs authorities contain information on the customs subordinated to the relevant regional customs authority.
14. The state control is exercised free of charge. Collection of payment for implementation of the state control at any its stage is not allowed.
15. The term of implementation of the state control concerning the goods imported on customs area of EEU by rail cannot exceed 3 working hours of customs authority from the moment of the notification on arrival according to article 88 of the Code of the Union.
In case of implementation in the place of arrival of the goods transported by railway transport of the overload connected with change of track of movement of railroad trains customs transactions in the place of their import (arrival) are made taking into account the terms necessary for overload established by engineering procedure of work of the station and approved with the customs authority exercising customs control in the place of their arrival (part 10 of article 85 of the Federal Law).
16. The term of implementation of the state control concerning the goods which are exported from customs area of EEU by rail cannot exceed 2 hours from the moment of representation to customs authority of the documents and data provided by Items 1 and 2 of article 92 of the Code of the Union if other term is not established the right EEU and the Legislation on customs regulation concerning separate types of goods.
17. Completion date of the state control can be increased by time necessary for implementation of other types of the state control, carrying out or completion of forms of customs control, the measures providing carrying out customs control, and also other measures established by the Code of the Union and part 2 of article 313 of the Federal Law.
18. When implementing the state control the following ministerial procedures (actions) are performed:
1) verification of provided preliminary information;
2) registration of the notification on arrival of goods and vehicles for customs area of EEU, and also the documents and data provided in case of departure of goods and vehicles from customs area of EEU;
3) verification of presence of the documents and data established by articles 89 and 92 of the Code of the Union;
4) verification of documents and data.
19. The basis for ministerial procedure is submission of the preliminary information by carrier.
The official of customs authority performs verification of the preliminary information provided by carrier, including using the RMS, and makes the provisional solution no later than 30 minutes before arrival of railroad train.
In case of submission by carrier of documents and data in electronic form in the Single automated information system of customs authorities (further - EAIS of customs authorities) submission of paper documents is not required.
Actionee of ministerial procedure is the official performing verification of the preliminary information.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation.
Acceptance criterions of the provisional solution is availability or lack of the complete and reliable information provided in the preliminary information established by the Decision of Board of ECE No. 57.
Adoption of the provisional solution is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on the made decision into regular software.
20. The basis for ministerial procedure is representation by carrier to the official of registration number of the preliminary information or the documents and data established by provisions of articles 88 and 92 of the Code of the Union in the amount established by provisions of article 89 of the Code of the Union.
Officials within 10 minutes from the moment of receipt of the notification on arrival of the goods which arrived by rail to the territory of the Russian Federation (further - the notification on arrival), with use of EAIS of customs authorities fix date and time of the notification on arrival in the magazine of registration of notifications on arrival (part 8 of article 85 of the Federal Law) or perform registration of the message on departure of goods and vehicles from customs area of EEU (further - the message on departure).
In case of provision by carrier of documents and data on papers the official puts down number of the notification on arrival or number of the message on departure in the right upper corner of copy of commodity-transport delivery note and assures the signature and print of personal number seal (further - LNP).
In case of detection of discrepancy of the electronic data containing in the preliminary information to the established structure and format of the electronic documents participating in interaction between customs authorities and interested persons, to person which provided the preliminary information from EAIS of customs authorities automatically (within 3 minutes) the electronic message containing list of the revealed mistakes for their elimination and the repeated direction of the preliminary information goes.
In case of the message carrier of information on change of the data containing in provided preliminary information, the official of customs authority performs the electronic documents submitted by carrier, confirming corresponding changes by results of which it, including with use of the RMS, makes the final decision.
The term of ministerial procedure cannot exceed 10 minutes from the moment of submission by carrier of documents and data.
Actionee of ministerial procedure is the official registering the notification on arrival or the message on departure.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation on customs regulation.
Acceptance criterions of decisions on possibility of registration of the notification on arrival or messages on departure by the official is availability or lack of the complete and reliable information provided in the documents and data established by articles 89 and 92 of the Code of the Union.
Registration of the notification on arrival or messages on departure is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on the made decision into regular software.
21. The basis for ministerial procedure is availability of the registered notification on arrival or the message on departure directed by means of EAIS of customs authorities.
The official checks availability of documents, and the data established by articles 89 and 92 of the Code of the Union and terms during which the carrier submits the specified data according to the Decision of Board of ECE No. 57.
The term of ministerial procedure cannot exceed 30 minutes from the moment of registration of the notification on arrival (the notification on departure).
The official performing verification of presence of the documents and data established by articles 89 and 92 of the Code of the Union is responsible.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation on customs regulation.
Acceptance criterions of decisions on permission or prohibition of commodity importation to the Russian Federation by the official is availability or lack of the documents and data represented according to articles 89 and 92 of the Code of the Union.
Factual determination of violation of the right of EEU and the Legislation on customs regulation regarding verification of presence or lack of the documents and data established by articles 89 and 92 of the Code of the Union is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on established fact into regular software.
22. The basis for ministerial procedure is the end of ministerial procedure of verification of presence of the documents and data provided by articles 89 and 92 of the Code of the Union.
23. Ministerial procedure of verification of documents and data includes control of observance of acts of the right of EEU and the legislation of the Russian Federation setting prohibitions and import restrictions to the Russian Federation and export from the Russian Federation of separate goods, and verification of the documents and data submitted by carrier, including with use of the RMS.
In case of the control of observance of acts of the right of EEU and the legislation of the Russian Federation setting prohibitions and import restrictions to the Russian Federation and export from the Russian Federation of separate goods, the official performs the submitted documents and data on availability (absence) of data on goods, import to the territory of which Russian Federation is prohibited or limited.
In case of availability of goods, import to the territory of which Russian Federation is prohibited, or lack of the documents confirming observance of restrictions for goods which import to the territory of the Russian Federation is limited by the official with use of EAIS of customs authorities decisions on prohibition of import of such goods are made.
In case of impossibility of commodity exportation which import to customs area is prohibited or limited or non-realizations of their immediate export goods are subject to detention and with them actions according to the procedure, provided by Chapter 51 of the Code of the Union are made.
The decision made by customs authority according to this Item automatically goes to carrier with use of EAIS of customs authorities.
The term of ministerial procedure is established proceeding from the number of names of the moved goods (1 minute according to each name of goods), and also time necessary for application of measures for risk minimization, according to the right of EEU and the Legislation on customs regulation.
Time necessary for carrying out or completion of separate forms of customs control, other measures for risk minimization is established according to the right of EEU and the Legislation on customs regulation.
Verification of the documents and data including provided within the preliminary information submitted by carrier on compliance to risk profiles is performed by the official with use of EAIS of customs authorities after registration by the official of the notification on arrival or the message on departure, and also loading in EAIS of customs authorities of separate types of risk profiles and (or) identification by the official of need of application of measures for risk minimization (part 2 of article 313 of the Federal Law).
In case of detection of discrepancy of the data containing in EAIS of customs authorities of information containing in the documents and data provided by carrier the revealed discrepancies are considered by the official in case of decision making about need of application of the measures for risk minimization including provided by risk profiles (part 2 of article 313 of the Federal Law).
In case of detection of need of application of the measures for risk minimization including provided by risk profiles, the official performs their application.
In case of verification of the documents and data provided by carrier, the official in the cases determined with use of the RMS the organization and application of forms of customs control and other measures for risk minimization provided by the right of EEU and the Legislation on customs regulation is performed.
24. Actionee of ministerial procedure is the official performing verification of the documents and data provided by articles 89 and 92 of the Code of the Union.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation on customs regulation.
Acceptance criterion of decisions the official on verification of documents and data is availability or lack of the complete and reliable information provided in documents and the data established by articles 89 and 92 of the Code of the Union.
Factual determination of availability (absence) of violation of the right of EEU and the Legislation on customs regulation is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on established fact into regular software.
25. The current control of observance and execution by officials of provisions of Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control and also of adoption of decisions by them is performed by chiefs of customs authorities or their deputies (in FCS of Russia - the chief of Head department of the organization of customs clearance and customs control or person, it replacing), chiefs of authorized divisions or their deputies.
26. The current control of respect for the sequence of the actions determined by ministerial procedures (actions) when implementing the state control is performed by the chief of customs authority, the head of department of structural division or its deputy.
27. Control of completeness and quality of implementation by officials of customs authority of the state control is performed in the form of functional checks of activities of authorized divisions when which carrying out including the questions connected with implementation of the state control are considered.
28. Functional checks are subdivided on planned and unplanned. Functional inspections are carried out based on the order of customs authority.
Frequency of implementation of scheduled functional inspections is established by the chief (person, it replacing) higher customs authority.
Unscheduled functional inspections are carried out on analysis results of information on violation by officials of customs authorities of provisions of Administrative regulations and other legal acts establishing requirements to implementation of the state control.
29. Results of functional check are drawn up by the act of check results which contains including assessment of completeness and quality of implementation by officials of customs authority of the state control and the recommendation about elimination of effects of the revealed violations.
30. By results of performed in case of the identification of violations of observance of provisions of Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control, officials bear responsibility in accordance with the legislation of the Russian Federation.
31. Control of implementation of the state control, including from citizens, their associations and the organizations, shall be comprehensive and objective.
32. Control of implementation of the state control from citizens, their associations and the organizations is performed by the direction of appeals to customs authorities, and also by appeal of actions (failure to act) and decisions of the customs authorities performed (accepted) during implementation of the state control, and also the decisions on the violations of provisions of Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control made by them.
33. The subject of check has the right to appeal the decision, action (failure to act) of customs authority and its official if such decision, by actions (failure to act), according to this person, violates its rights, freedoms or legitimate interests, to it obstacles to their realization are created or any obligation is illegally assigned to it.
34. Pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the customs performing the state control on behalf of FCS of Russia and also their officials is performed according to provisions of Chapter 51 of the Federal Law.
35. The customs authority refuses consideration of the claim in essence fully or partially in the presence of any of the following bases:
1) there is decision made by the same customs authority or higher customs authority on the same subject of the claim;
2) terms of appeal are not observed and the applicant did not submit the petition for recovery of term for appeal or such petition is rejected by customs authority and (or) its official;
3) the decision, action (failure to act) of customs authority and its official and (or) circumstance which are subject to establishment by customs authority and its official in connection with consideration of the claim are subject of consideration of court;
4) the complaint is made by person, the rights, freedoms or legitimate interests of which the appealed decision, were not mentioned by action (failure to act);
5) there is no appeal subject (the fact of decision making by customs authority and (or) its official or making of action (failure to act) by it did not prove to be true);
6) non-compliance by the applicant with the requirements to form and content of the claim established by parts 1 and 3 of Article 290, part 2 of article 300 of the Federal Law;
7) the applicant does not submit the documents confirming the power of the person which made the complaint.
36. The decision on refusal in consideration of the claim shall be made no later than five working days after the day of receipt of the claim or documents testimonial of availability of the bases, stipulated in Item 35 Administrative regulations.
37. The decision on refusal shall contain the circumstances which formed the basis for its acceptance in consideration of the claim, and in case of submission by the applicant of the petition for recovery of the term established for submission of the claim, also the reasons of its variation.
38. The decision on refusal in consideration of the claim goes to the applicant no later than three working days from the date of its acceptance by mail the registered mail.
39. Decision making about refusal in consideration of the claim interferes with repeated giving in customs authority of the claim about the same subject, except as specified, provided by subitems 5 and 6 of Item 35 of Administrative regulations.
40. The term of consideration of the claim stops in case of the direction to the applicant of request of the documents and (or) data having essential value for consideration of the claim, before representation requested by customs authority of documents and (or) data, but no more than for three months after day of the direction of this request. If person does not submit the documents and (or) data requested by customs authority, the decision according to the specified claim is made without arguments in confirmation of which documents and (or) data were not submitted.
41. The basis for the procedure of pre-judicial (extrajudicial) appeal is submission of the claim.
42. The complaint can be made within three months from the date of when the subject of check knew or it owed become known of violation of its rights, freedoms or legitimate interests, creation of obstacles to their realization.
43. In case of the omission of term for appeal of action (failure to act) the specified term can be recovered according to the petition of the applicant if the customs authority recognizes the reason of such omission valid.
44. The petition for recovery of term moves in writing in the form of the independent document along with the claim or can contain in the text of the claim. With such petition the documents confirming the reasons of the omission of term for appeal are provided.
45. Recovery of the passed term for appeal is expressed in the actual acceptance by customs authority to consideration on the merits of the claim of the applicant.
46. The claim is submitted in higher customs authority through customs authority, the decision, action (failure to act) of which are appealed. The claim to the decision, action (failure to act) of customs post moves in customs.
47. The customs authority, the decision, action (failure to act) of which are appealed, sends the claim with the conclusion and documents necessary for decision making, to higher customs authority no later than five working days after day of its receipt in customs authority, the decision, action (failure to act) of which are appealed.
48. The claim is submitted in customs authority in writing and shall be signed by the applicant or his representative.
49. The claim shall contain:
1) the name of customs authority, the decision, action (failure to act) of which are appealed;
2) surname, name, middle name (in the presence), the residence of physical person or the name of the legal entity making the complaint, identification taxpayer number, its location;
3) being of the appealed decision, action (failure to act);
4) the bases on which person making the complaint considers that its rights are violated.
50. In case of submission of the claim by the applicant's representative originals or properly verified copies of documents in which the right of the representative to appeal of decisions, actions (failure to act) in the field of customs affairs shall be directly affirmed shall be attached to the claim.
51. The applicant can attach the documents, confirmatory circumstances and arguments stated in the claim to the claim.
52. The applicant who addressed with the claim to the decisions of customs authorities and committed actions (failure to act) of their officials made during implementation of the state control can recall her at any time before decision making according to the claim.
53. The subject of check has the right to obtain information and the documents necessary for reasons and consideration of the claim, in accordance with the legislation of the Russian Federation.
54. The claim is considered by higher customs authority. The decision according to the claim on behalf of higher customs authority is made by the chief of this customs authority or the official of customs authority, it authorized.
55. The claim shall be considered by higher customs authority within one month from the date of its receipt in customs authority, authorized to consider the claim. The complaint made without observance of requirements of part 1 of article 288 of the Federal Law shall be considered by higher customs authority within two months from the date of its receipt in customs authority, authorized to consider the claim.
56. The term of consideration of the claim can be extended by the chief of customs authority or the official of customs authority, it the representative, but no more than for one month. The notification on prolongation of term of consideration of the claim goes to the applicant no later than three working days from the date of its acceptance by mail the registered mail.
57. By results of consideration of the claim the customs authority accepts one of the following decisions:
1) recognizes lawful the appealed decision, action (failure to act) of customs authority and its official and refuses grievance settlement;
2) recognizes illegal the appealed decision, action (failure to act) of customs authority and its official fully or partially and makes the decision on grievance settlement fully or partially.
58. The decision of customs authority according to the claim shall contain:
1) the name of the customs authority which considered the claim;
2) number of the decision;
3) date and place of creation of the decision;
4) position, surname and initials of the official of the customs authority which made the decision according to the claim, details of the document confirming it powers on consideration of the claim (except for the chief of customs authority);
5) surname, name, middle name (in the presence) or the name of person who addressed with the claim;
6) being of the claim, including data on customs authority and its official, the decision, action (failure to act) of which are appealed;
7) the actual circumstances of acceptance or making of the appealed decisions, actions (failure to act) established during consideration of the claim;
8) the bases and conclusions for decision making according to the claim;
9) the decision made according to the claim;
10) data on procedure for appeal of the decision made according to the claim.
59. In case of grievance settlement fully or partially customs authority:
1) is cancelled fully or partially by the decision made by customs authority;
2) is recognized by action (failure to act) of customs authority and its official illegal and obliges to take the measures directed to elimination of the allowed violations.
60. The decision according to the claim shall be signed by the official of customs authority who made the specified decision.
61. Actions for implementation of the decision of customs authority on grievance settlement shall be made by customs authority and its official, the decision, action (failure to act) of which are acknowledged illegal, no later than fifteen working days after day of receipt of the decision according to the specified claim in this body or if the specified decision does not establish other term for their making.
62. The copy of the decision made by results of consideration of the claim goes to the applicant by mail the registered mail within three working days after day of adoption of the specified decision.
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The document ceased to be valid since February 23, 2025 according to Item 1 of the Order of the Ministry of Finance of the Russian Federation and the Federal Customs Service of the Russian Federation of September 24, 2024 No. 935