Customs Disputes

Legal services (legal assistance) in customs and other administrative dispute resolution

Litigation and Dispute resolution

The main legal act regulating relations related to the application of customs legislation is the Customs Code of the Eurasian Economic Union. In addition, customs relations are regulated by other legal acts of the EAEU, the Code of Administrative Offenses of the Russian Federation, the Criminal Code of the Russian Federation, etc.

The legislation of the EAEU in the field of customs regulation is constantly being improved, which leads to the need for timely monitoring of the changes made.

The Code of Administrative Offenses of the Russian Federation provides for a large list of offenses arising from legal relations with the customs authorities. Also, the Criminal Code of the Russian Federation provides for criminal liability for illegal export of technologies and evasion of customs payments.

Taking into account the introduction of economic sanctions against the Russian Federation by other states, as well as the adoption of retaliatory measures by Russia, the questions of how to avoid possible liability for the movement of goods across the Russian border are of particular relevance.

Conventionally, customs disputes can be divided into the following types:

  1. disputes related to bringing to responsibility, imposition of sanctions and fines;
  2. disputes related to challenging the decisions of the customs authorities regarding the calculation of customs duties, the application of benefits;
  3. disputes on compensation for losses caused as a result of illegal decisions, actions (inaction) of the customs authorities.
  4. Legal proceedings in customs disputes

    Customs disputes can be resolved both in pre-trial order and in court.

    The complaint is submitted to the higher customs authority through the customs authority, the decision, action (inaction) of which is appealed within 3 months, when the complainant became aware of the violation of his rights.

    Often pre-trial settlement of the dispute does not lead to a decision in favor of the applicant. In these cases, it is necessary to analyze judicial practice and documents on a disputable situation in order to determine judicial prospects with subsequent appeal to the court. The emerging jurisprudence shows that the courts make ambiguous decisions on similar cases, argue their conclusions in different ways when making decisions.

    As a general rule, customs disputes are considered as a type of economic disputes. At the same time, the process of resolving the dispute is complicated by the participation in it of a person endowed with a public law status.

How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Preparation of the claim
(if a claim procedure is
provided)
05.
Preparation of documents for the court and performing other procedural actions
06.
Representation in the court
07.
Enforcement

Clients and partners