Appeal Against Decisions Made by Customs Authorities
The key function of the customs authorities of the Russian Federation is to replenish the federal budget. Participants of foreign trade activity frequently criticize the methods and approached applied to replenish the federal budget. In addition, sometimes it’s pretty hard to convince the customs authorities that you act in accordance with law while making customs transactions. In this case a participant of foreign trade activity is forced to incur expenses and time losses caused by illegal requirements of customs authorities. Such situations and any other conflicts may be settled through pre-trial or trial conferences.
Any person believing that any act (omission) of the customs authority or its officer has violated his/her rights, freedoms and legitimate interests, or has put some obstacles to enjoy the same, or has imposed him/her with some unlawful obligations, shall be entitled to address a complaint stating the acts (omissions) of such customs authority to the superior customs authority.
When the customs authorities insist on the decision passed, and the pre-trial conference fails, the participants of foreign trade activity have only one way to restore their violated interests and rights, i.e. to apply to the State Commercial Court. The advantages of the court hearing as compared with appeal against acts (omissions) of the customs authorities to the superior customs authority are the impartiality and independence of the judicial system on the customs authorities.
At the stage of pre-trial conference and deference in court our actions include:
- Appeal against the decisions on adjustment of the customs value;
- Appeal against the decisions on classification of the goods;
- Refund of overpaid/charged customs payments;
- Refund of interest in overpaid/charged customs payments;
- Appeal against the customs-related decisions according to the results of customs audits;
- Confirming the right to benefits.