Importers and exporters often face various claims from customs authorities, sometimes for purely formal reasons. This leads to the emergence of a large number of disputes.
RI-Consulting provides professional legal services in the sphere of customs for participants of foreign economic activity and private persons. Lawyers of the Company will provide complex legal assistance and defense in the course of customs inspections, investigation of administrative or criminal cases, high quality representation of the Client's interests at the customs and judicial authorities.
We will promptly prepare an appeal to the customs authorities or court and appeal against the decision of the customs authority in accordance with the established procedure. The main goal of our attorneys is to establish a legal dialogue between the Client and the customs authority and to provide the Client with quality legal support.
OUR CUSTOMS REGULATION SERVICES
- Legal support during in-house or on-site customs inspections, analysis of possible risks;
- Departmental and judicial appeal against decisions of customs authorities in the release of goods, challenging the decisions on the results of customs inspections;
- Defending Client's rights in case of administrative proceedings;
- Defense of the Client in criminal cases related to illegal movement of goods across the customs border, as well as in the field of compliance with the currency legislation;
- Preparation of responses to customs inquiries and demands;
- Legal support of customs procedure.
The company was suspected of illegal movement of dump cars under the guise of spare parts across the customs border and was obliged to pay additional customs duties in a significant amount. The violations were found during the in-house audit and were documented by 13 rulings. The Arbitration Court of the Murmansk region declared the conclusions of the customs authority illegal. During the trial in the 13th Arbitration Court of Appeal, Denis defended this position. The company would not have to transfer illegally 22.5 mln rubles to the budget. This case will help shape law enforcement practice in favor of businesses in all similar disputes.
The Client was to be held administratively liable under Part 1 of Article 16.2 of the Administrative Code for allegedly false declaration of goods. The case concerned the exportation of timber. In the first instance, the customs' decision was overturned, and on appeal, the Head of RI-Consulting's Customs Practice ensured that the Supreme Court of the Republic of Karelia upheld the judicial act in favor of the organization. In addition, our lawyers have succeeded in securing the Client's interests in the course of the internal appeal. Due to such decisions lawyers of RI-Consulting have protected the plant from administrative responsibility for the similar facts of other export deliveries and from a criminal case against the plant's employees under Article 226.1 of the Criminal Code ("Smuggling"). This case is a precedent for companies in the timber industry.
Advisory legal services, protection of client during customs inspections. Appeal against decisions of customs authorities on additional charges of customs duties, changes in the Customs Commodity Code for the imported goods. Protection of the client during administrative investigation by the customs authorities. Creating a positive precedent for similar companies in the industry. Avoiding the risk of a criminal case being filed against the company's management under Article 193 of the Criminal Code "Evasion of obligations to repatriate funds in foreign currency or the currency of the Russian Federation".
Represented the Clients in the court proceedings under Part 5 of Article 15.25 of the Russian Federation Code of Administrative Offences "Violation of RF currency legislation and currency regulation acts". The Client avoided penalties. A set of documents was prepared, confirming the Client's innocence in the failure of the counterparty to deliver the equipment under foreign economic contract. Analysis of similar situations in the Client's foreign economic activity. Reputation risks are minimized. The risk of administrative prosecution for similar cases has been minimized. Customs did not impose possible penalties on this case amounting to more than 100 million rubles.