The decision on the adjustment of customs value is a typical and common problem which constantly faces Ukrainian importers.
Unwilling to perform clearly unlawful and unjustified decision of Customs, the company asked the lawyers of LC “LegalAid” for help in appealing this decision and return the goods.
After all means of administrative appeals and complaints to all possible authorities, the three court instances, opened criminal proceedings on the fact of the abduction the goods from the customs warehouse, we finally managed to achieve justice and to transfer court decision on the customs clearance of goods at the declared customs value to the executive service.
It is interesting that throughout the entire appeal procedure, the customs authority could not submit any evidence in support of the legality of its decision. However, the constant delay of court hearings led to the fact that the client was unable to use the goods that were arrested in a customs warehouse.
Originally, filing a lawsuit against the customs authority was intended only to return goods and to prove the illegality and absurdity of the decision on the cost value adjustment in six times, so that the recovery of damages was not the subject of administrative lawsuit.
However, litigation caused to the company significant losses associated with payment for the storage of goods, and the inability to dispose of it for almost two years. The next step in protecting the rights of the client in this case should be a claim for compensation of actual damage and loss of profit, suffered by the Client due to the illegality of actions of the Kyiv regional customs inspectors.
Also we want to mention the obvious criminal practice of customs authorities. Despite the injunction of the Supreme Administrative Court, the customs authority illegally disposed the goods, that were on custom warehouse storage, and through related third party tried to sell to company its own product.
The surprise for our client was a proposal from an individual S. to buy from him arrested goods which he had allegedly bought in a customs warehouse with cash. Such arbitrariness impressed even lawyers of our company, not only the Client.
It’s usual that initially Customs denied illegality of such action, despite the injunction on sales, competitive procedures and inability to sell goods with cash. However, after initiated by LC “LegalAid” inspections and opening criminal proceeding on the specified fact, the goods in a customs warehouse have been finally “found”.
Special mention should be noted to flawless work on this case of a senior lawyer of LC “LegalAid” who specializes in customs and tax matters.
Such practice of customs actions is unacceptable in conditions of European integration, and new democratic processes in Ukraine.
To be continued…
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