of May 18, 2004 No. 10-0303/3158
(extraction)
Failure to pay customs payments in the absence of essential elements of offense attracts at the scheduled time imposing of penalty from hundred to two hundred percent of the amount unpaid customs payments.
The Ministry of Emergency Situations of the Republic of Uzbekistan appealed to economic court with the action for declaration to the defendant - STK "Tashkent-AERO" of the State Customs Committee about collection of 22281251 bags.
By the decision of economic court satisfaction of claims it is refused.
In appellate instance case was not considered.
Without having agreed with the judgment by the claimant the writ of appeal is made.
Judicial board, having studied case papers and having discussed arguments of the writ of appeal, considers necessary the judgment to leave without change, and the writ of appeal - without satisfaction on the following bases.
From case papers it is seen that on April 2, 2003 on customs post of N2 of "ARC Rolls" of UGTK across Tashkent from the United Arab Emirates there arrived the load to total amount of 23150 US dollars. Based on the letter of the Ministry of Emergency Situations of N12/5-223 of April 2, 2003 this load was drawn up in customs regime "conditional release" by the term of document creation and customs payment in the amount of 22281251-20 bags till April 12, 2003. However, in the specified time customs clearance of load in customs regime "in free circulation" and customs payment was not made in this connection customs authority the resolution on application to the Ministry of Emergency Situations of the Republic of Uzbekistan of financial sanctions in the amount of 100% of the amount of unpaid customs payments was accepted on July 26, 2003. Based on this resolution the customs authority exposed the collection order of N9 of August 8, 2003 and off the settlement account of the claimant are charged 22281251 bags for which return the claimant appealed to economic court.
The Trial Court came to the correct conclusion, having refused satisfaction of claims.
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