Legal services on customs representation
The implementation of foreign trade is inextricably linked with the interaction of participants in foreign economic activity with customs authorities. In this regard, customs representation is one of the main legal services in the field of foreign trade. Disputable issues with customs authorities can arise both at the stages of simple interaction with them in the framework of foreign trade, and at the stages of customs control carried out by customs authorities in order to identify violations of customs legislation. The key point of interaction with the customs authorities is the correct execution of all necessary documents when conducting foreign trade, and in the event of a difficult situation, the participation of a qualified customs specialist from the very beginning of the difficult situation that has arisen.
It should be noted that the participation of a qualified specialist when representing interests in the customs authorities, especially at the initial stages, can significantly reduce customs and other legal risks. This is due to the fact that the correct execution of documents, their presentation to customs specialists allows you to avoid many unnecessary questions from the customs authorities. At the same time, it is often on the initial stage of interaction with customs specialists that the initiation of a case on an administrative offense or the absence of its initiation depends. The participation of a qualified lawyer when representing interests in the customs authorities is relevant at the following stages of interaction with the customs authorities:
- Carrying out customs inspections.
- Initiation of cases on administrative offenses.
- Filing a complaint against illegal actions of customs officers.
Based on established practice, the participation of a customs lawyer at the initial stage of interaction with customs allows you to resolve the disputed issue without bringing the case to court. And if a court case is inevitable, the inclusion of a customs lawyer in a controversial customs issue allows you to form a legally verified position of defense and minimize the consequences for the entrepreneur. At the same time, it is worth noting that an important aspect in representing interests in the customs authorities is not only basic knowledge of customs legislation, but also practical experience, and taking into account the frequently changing legislation, also the experience of quickly responding to changes introduced by the legislator.
The main activities of a customs lawyer are:
- Advising an entrepreneur on customs law issues.
- Familiarization with the materials of customs control or customs affairs, in case the customs lawyer does not get involved in the work at the initial stage.
- Analysis of documents.
- Development of the declarant's defense position.
- Preparation of documents at the request of the customs authorities, responses, necessary petitions and complaints about illegal actions of the customs authorities.
- Filing complaints about unlawful decisions or actions of customs officers, if such a situation took place.
- Direct participation in the conduct of customs control or representation of interests in the consideration of a case on violation of customs legislation.
A well-formed defense position by a customs lawyer makes it possible to achieve termination of proceedings in an administrative case or a reduction in punishment, for example, a reduction in a fine or its replacement with a warning.
A customs lawyer promptly resolves all issues related to customs support of foreign economic transactions, quickly responds to situations that arise in the process of customs clearance. Taking into account the experience and knowledge of a customs lawyer, foreign economic transactions are carried out with a minimum of unforeseen circumstances and in most cases without violations of customs legislation.
Advantages of engaging a customs lawyer when interacting with customs authorities:
- Qualified and fast preparation of all necessary documents.
- Risk minimization.
- Possibility to resolve a controversial issue without bringing the case to administrative proceedings.
- Reducing the measure of liability to the minimum possible, as well as the possibility of replacing the fine before a warning.
- Decrease in terms of customs clearance.
- Ability to avoid unexpected expenses.
- Quick resolution of other emerging issues related to customs authorities.
At the same time, it is worth noting that customs specialists can provide both a comprehensive service to support the entire foreign economic transaction, and participate only at some stages of interaction with customs authorities. As a rule, a comprehensive service includes full support for a foreign economic transaction, while support at inpidual stages may depend on a specific issue, and a customs lawyer can only take part, for example, during a customs check.
At the same time, legal assistance in interaction with the customs authorities can be carried out both advisory, in the form of oral and written opinions, and in the form of full comprehensive support, which may include a full range of services for representing the entrepreneur in the customs authorities. It is important to remember that all further actions to support a foreign economic transaction may depend on well-formed all stages of a foreign economic transaction.
- Advice on customs law
- Preparation of all necessary documents, petitions, responses to the customs authority
- Examination of documents submitted to the customs authorities
- Conducting cases on administrative offenses
- Interaction with customs authorities and customs representation