New Resolution of the Plenum of the Supreme Court -

New Resolution of the Plenum of the Supreme Court

5 key ideas.

New Resolution of the Plenum of the Supreme Court

“Since I, as a“ litigant, ”have recently been constantly interested, I want to briefly describe the key points of the decision of the Plenum of the Supreme Court on Customs Disputes of November 26, 2019 and explain why the innovations are important and necessary not only to lawyers and“ professional debaters with customs "But also to ordinary declarants."
In the field of customs regulation, the rules of the game change endlessly, new conditions and requirements are introduced. Since 2018, even the main regulatory acts have been adopted new. What can we say about by-laws? Behind such a whirlwind of changes not only foreign economic activity participants, but also the courts do not always keep pace, as a result of which conflicting judicial practice has accumulated. Not only courts of different districts pass diametrically opposed judicial acts in respect of the same goods and circumstances, but even different compositions of the same arbitration court.
Therefore, the adoption of a new resolution of the Plenum of the Supreme Court, which provided answers to the most frequently asked questions, is welcome. In addition, the clarifications of the Plenum, formally aimed solely at creating a uniform judicial practice, are in fact accepted by authorized state bodies (and in our case, customs) as instructions for action and / or an acceptable framework for the possible actions.

Presumption of integrity of the participant of foreign trade activities. That is, a priori, the courts consider that the participant in foreign economic activity is “white and fluffy,” and the duty to prove the opposite lies with the customs authority. If such evidence is not presented, the actions / decisions of the customs authority are unlawful.
The customs authorities should not correct their earlier mistakes and collect new evidence in the framework of the trial. An excellent thesis, but FEA participants should now prepare for the fact that there will be more requests for documents at the stage of customs control ...
FEA participants in support of their position may refer to decisions and recommendations of the World Customs Organization. The long-awaited short story (although the draft Resolution also contained the opposite statement, but it worked out)
The time period for consideration by the customs authority of the declarant’s appeal on changing or supplementing the information stated in the goods declaration regarding the amount of customs payments payable may not exceed 30 calendar days from the date of filing the appeal.
The implementation of customs control measures after the release of goods should not be aimed at overcoming the validity of judicial acts, which earlier resolved the dispute about the correctness of the calculation of customs payments due to disagreements between the participant in foreign economic activity and the customs authority.

"In other words, if the court has already decided in favor of the declarant, it is IMPOSSIBLE to conduct a new audit in relation to the same goods and circumstances! Tomorrow I will continue my story with the story that the Supreme Court saw new in the subject of confirmation of the customs value of goods. And everyone who wants to understand this Resolution in detail and learn how to put it into practice, I invite you to the master class of the Academy of Competencies “Just skills” on January 22nd. "
More information about the event program and registration is here.

14.01.2020 08:17:24
(Automatic translation)

Kurochkina Oksana Leonidovna

Lawyer of the Russian Federation (registration number 50/1603).

11.08.2020 10:06:52

Apple CEO Tim Cook became a billionaire

Tim Cook owns 0.02% of the shares of the apple corporation.
28.07.2020 16:11:53

Remote in the law

Employers around the world are deciding how to leave work from home for good.
13.07.2020 16:11:44

What to do state structure in social networks?

12 hour and a half live online lessons.
16.06.2020 09:13:33

US will allow US companies to work with Huawei

The permission will concern the joint work on the development of standards for new generation technologies.
11.06.2020 11:31:41

Save the wings of France

In Paris, announced a plan to support the aerospace industry.



Themes cloud

test murder a laptop tyranny payment treachery causa Israel denomination tax rocket The Code of Justinian bravery mushrooms pharmaceuticals a bag consultation turnover food CIS gas IFRS soccer shoes intellectual property reward pact oligarchy dog currency unit planning gold-coin standard Bocharov Creek jackpot lottery child law VAT ruble Colour logistics Tax Free recreation devaluation monetary system Road accidents undeclared goods smuggling Plato liquidation timocracy reform music Gazpromneft medicines beer arson client Greece trade USA seller Paralympic Games head legislation CCTV delivery product investment Crimea internet rating dismissal derivative will succession mail Iran economy Germany ban offer monometallism diabetes a toy security Kazakhstan the tablet monetary aggregate mark credit mortgage bridge bank memorandum treaty juice Viber cargo import Rome regulations quasi-agreement Submarine transfer UN alcohol heir debt content adoption cinema China sanctions mortgage Ukraine will Belarus Moscow customs 3G integration Job investigation coffee export theory QR Code transgender gold elections confiscation compromising evidence legate doctor football testosterone money issue counterfeit Sochi dictionary Socrates policy Kerch control dollar report theft finance moderation action straw emission pension cat digitalization selling real estate inheritance conference marriage baby Taxi study note Russia lawyer S-300 paint Contract money premise acceptance revaluation provider fideicomass arbitration court citizenship staff marketing divorce role conversion tort pledge live bill insulin female hotel GLONASS Olympic Games currency exchange LTE FMCG apple finger medicine Syria bimetallism crocodile shipping cargo transportation ATM freedom fraud judge money supply own festival coin justice court aircraft bite car slavery extortion organization parturition the death penalty poisoning WTO song co-packing Neurotechnology agent nullification channel a restaurant private banking business accompanying philosophy democracy easement coffers law 4G snake cession drink assassination attempt FIFA 2018 air transportation a family monopolist architecture trademark order


Companies   © 2011-2020    |    Privacy Policy    |   Created by Technologies for Business    |