Chapter 7. APPEALS TO DECISIONS, ACTIONS (INACTION) OF CUSTOMS OFFICES AND CUSTOMS OFFICERS
Article 45. Right to Appeal
1. Any person has the right to appeal a decision, action (inaction) of the customs authorities or a customs officer if, in the opinion of this person, said decision, action (inaction) has infringed upon his (or her) rights and freedoms, created obstructions for its realisation, or unlawfully imposed a responsibility upon said person.
2. A person’s waiver to appeal decisions, actions (inaction) of a customs office or a customs officer shall not be legitimate.
Article 46. Appeal Procedures
1. Decisions, actions (inaction) of the customs authorities and customs officers may be appealed to customs offices and/or in a court of justice or arbitration tribunal.
A complaint to a decision, action (inaction) of a customs office or its officer does not preclude a possibility of lodging concurrently or subsequently an identical complaint to a court or justice or arbitration tribunal. The complaints to a decision, action (inaction) of a customs office or its officer(s) lodged to a court or justice or arbitration tribunal shall be considered by the respective court.
2. The procedures for lodging complaints and their adjudication by a court of justice or arbitration tribunal are set forth in the Russian legislation on civil court proceedings and on arbitration proceedings.
3. The procedures regulating the submission, consideration and adjudication of complaints lodged with customs offices with regard to actions (inaction) of customs offices or their officers are specified in this Chapter, and they pertain to the complaints against decisions, actions (inaction) of customs offices or their officers except the resolutions passed by the customs authorities (the customs officers of customs offices) with respect to the cases of administrative offences or other actions (inaction) of a customs office or its officer(s) who are liable for special appeal procedures.
Article 47. Procedures for Lodging Complaints to a Decision, Action (Inaction) of Customs Office or its Officer
1. A complaint to a decision, action (inaction) of a customs office shall be submitted to its superior customs office.
A complaint to a decision, action (inaction) of a customs officer should be submitted to the customs office where said officer is posted (substitutes a state post), whereas a decision, action (inaction) of the chief of a customs office shall be submitted to the superior customs office.
A complaint to a decision, action (inaction) of a customs office or its officer may be submitted either directly to the superior customs office or via the customs office whose decision, action (inaction) or whose chief’s decision, action (inaction) is subject to appeal.
2. The customs office whose decision, action (inaction) or whose chief’s decision, action (inaction) is subject to appeal shall be obliged to forward said complaint to its superior customs office along with related materials within five days from the date of its submission.
In case the customs office to which a complaint to a decision, action (inaction) of a customs office or its officer has been lodged does not have sufficient powers to adjudicate the complaint, it shall be obliged within three days to forward that complaint to the customs office whose officers are duly empowered to consider the complaint pursuant to the provisions laid down in this Article and dispatch a written notification to that effect to the person who has lodged the complaint.
3. A complaint to a decision, action (inaction) of the Federal Customs Authority shall be submitted directly to the Federal Customs Authority.
Article 48. Time Limits for Filing Complaints to a Decision, Action (Inaction) of Customs Office or Its Officer
A complaint to a decision, action (inaction) of a customs office or its officer may be filed within three months:
- from the day when the person concerned becomes aware or is supposed to become aware of an infringement on his (or her) personal rights, freedoms or lawful interests, of the obstacle impeding their realisation, or of a responsibility that was unlawfully imposed on said person;
- from the date of expiration of the time limit designated for a customs office or for its officer for making a decision or carrying out an action stipulated by the provisions of this Customs Code.
Article 49. Restoration of Time Terms for Filing Complaints to a Decision, Action (Inaction) of Customs Office or Its Officer
1. In case a person has missed the time limit established for filing a complaint to a decision, action (inaction) of the customs authorities for justifiable reasons, such a time term may be restored by the customs office empowered to consider said complaint.
2. A missed time limit for filing a complaint shall be restored by way of de facto acceptance for consideration of said complaint to a decision, action (inaction) of the customs authorities.
Article 50. Form and Content of a Complaint to a Decision, Action (Inaction) of Customs Office or its Officer
1. A complaint to a decision, action (inaction) of a customs office or its officer shall be lodged in written form, and it should be signed by the person filing said complaint.
2. A complaint to a decision, action (inaction) of a customs office or its officer should contain the following details:
- the name of the customs office or the position; the surname, the first name, and the patronymic name of the customs officer (if they are available); the decision, action (inaction) subject to complaint;
- the surname, the first name, and the patronymic name of the complainant, his (or her) place of residence or whereabouts;
- the substance of the appealed decision, action (inaction);
3. The person who files a complaint to a decision, action (inaction) of a customs office or its officer shall not be obliged to provide any documentary evidence of the circumstances stated in the complaint. If the customs authorities deem such evidence essential for considering the complaint and/or such documents are not available at the customs office whose or whose officer’s decision, action (inaction) constitutes the reason for the complaint, the customs authorities considering the complaint have the right to request that the complainant furnish requisite documentary evidence. In this case, the time limit prescribed for adjudicating a complaint to a decision, action (inaction) of a customs office or its officer shall be deferred for the period required for the complainant to provide the documentary evidence requested by the customs authorities, but for not more than three months. If the complainant has failed to furnish the required documentary evidence within the prescribed period, a ruling with regard to said complaint shall be passed without consideration of the allegations that have not been substantiated by documentary evidence.
Article 51. The Consequential Effect of Complaint to a Decision, Action (Inaction) of Customs Office or its Officer
1. A lodged complaint to a decision, action (inaction) of a customs office or its officer shall not suspend the execution of the appealed decision of action.
2. When the customs authorities addressing the complaint have sufficient grounds to presume that the appealed decision or action (inaction) contradicts the Russian legislation or in the instance when non-suspension of the execution of said decision or action (inaction) may have an irreversible effect, they have the right to suspend the execution of the appealed a decision or action (inaction) until a ruling is passed with regard to the essence of said complaint.
Article 52. Rationale for Rejecting Complaint to a Decision, Action (Inaction) of Customs Office or its Officer
1. The customs authorities reject a complaint to a decision, action (inaction) of a customs office or its officer for the following essential grounds:
(1) the prescribed time terms of filing said complaint have not been observed; the appellant has not requested to restore the missed time term, or a request to restore the missed term has been declined;
(2) the requirements stipulated by Items 1 and 2 of Article 50 of this Customs Code have not been observed;
(3) the appellant has already filed an analogous complaint to court; the court of justice or arbitration tribunal has accepted said complaint for consideration, or passed a ruling thereto;
(4) said complaint is lodged to a decision, action (inaction) made by an office other than a customs office, or an officer other than a customs officer
2. The rationale for a rejecting a complaint to a decision, action (inaction) of a customs office or its officer should be provided not later than in three days following the submission of said complaint, whereas in the case stipulated by Sub-Item 3) of Item 1 herein, from the date the customs office considering the complaint receives a notification from a court of justice or arbitration tribunal stating that a complaint analogous in content has been filed for consideration or passage of a court ruling in its regard..
3. The decision by the customs office concerned to reject the complaint to a decision, action (inaction) of a customs office or its officer may be appealed in a higher customs office, in a court of justice or arbitration tribunal.
Article 53. Withdrawal of Complaint to a Decision, Action (Inaction) of Customs office or its Officer
1. A person who has lodged a complaint to a decision, action (inaction) of a customs office or its officer may withdraw his (or her) complaint at any moment prior to a resolution passed in its regard.
2. A second complaint with regard to the same subject may be submitted within the time terms stipulated by Article 48 of this Customs Code.
Article 54. The Customs Office Considering Complaint to a Decision, Action (Inaction) of Customs office or its Officer
1. A complaint to a decision, action (inaction) of a customs office shall be considered by a superior customs office.
2. A complaint to a decision, action (inaction) of a customs officer shall be considered by the customs office where said officer serves (substitutes a state office), whereas a decision, action (inaction) of the chief of a customs office shall be considered by the superior customs office.
3. A resolution in the name of the customs office with regard to the complaint lodged to a decision, action (inaction) of a customs office or its officer shall be passed by the chief of said customs office or a person authorised by him or her to that effect.
Note: a complaint to a decision, action (inaction) of a customs office or its officer may not be considered by the customs officer responsible for the appealed decision or the action (inaction) or by any his (or her) subordinated officers.
Article 55. Time Limits Allocated for Considering Complaints to a Decision, Action (Inaction) of Customs Office or its Officer
1. The customs authorities shall be obliged to complete the consideration of a complaint to a decision, action (inaction) of a customs office or its officer within one month from the date of its submission to the customs office empowered to consider said complaint.
2. If the customs authorities considering the complaint to a decision, action (inaction) of a customs office or its officer deem it necessary to prolong the time allocated for the adjudication of a given complaint, such prolongation may be authorised by the chief of said customs office for a maximum of one month, of which decision the appellant shall be informed in writing with a statement of reasons for said prolongation.
Article 56. Resolution of Customs Authorities with regard to Complaint to a Decision, Action (Inaction) of Customs Office or its Officer
1. The resolution by a customs office with regard to a complaint to a decision, action (inaction) of a customs office or its officer shall be passed in writing in accordance with the form established by the Federal Customs Authority. Such resolution should contain the following details:
the name of the customs office responsible for considering the complaint;
- the position, the surname and the initials of the customs officer responsible for passing a resolution with regard to said complaint;
- the surname and the initials of a natural person or name of the juridical person that filed said complaint;
- the essence of the complaint;
- the resolution passed with regard to said complaint;
- rationale for the passed resolution;
information on the appeal procedures with regard to said resolution.
2. Based on the results of the consideration of a complaint to a decision, action (inaction) of a customs office or its officer, the customs office shall:
(1) acknowledge lawfulness of the decision, action (inaction) of the customs office or the customs officer concerned and refuse to satisfy the complaint;
(2) acknowledge unlawfulness of the decision, action (inaction) of the customs office or the customs officer concerned, partially or completely, and resolve to satisfy the complaint partially or completely.
3. In the event of satisfying a complaint to a decision, action (inaction) of a customs office or its officer, partially or completely, the customs authorities shall:
- rescind the decision made by the customs office or its officer partially or completely;
- rescind the decision made by the customs office or its officer obliging said customs office of the officer concerned to make a new decision in accordance with Russian law, or shall make such a decision independently provided said decision is in the competence of the customs authorities considering the complaint;
- acknowledge the unlawfulness of the action (inaction) by the customs office or its customs officer and determine the measures which need to be taken with a view to eliminating said violations, or take the requisite measures independently provided the implementation of such measures are in the competence of the customs authorities considering the complaint.
4. The measures predicated by the resolution passed by the customs authorities with regard to a complaint to a decision, action (inaction) of a customs office or its officer ought to be carried out by the customs office, whose or whose officers’ decision, action (inaction) was found unlawful within 10 days from the date of delivery of the resolution with regard to said complaint to the customs office concerned unless the resolution specifies different terms of its fulfilment.
5. In case the customs officer responsible for considering a complaint to a decision, action (inaction) of a customs office or an officer acting on behalf of said customs office finds evidence that the customs officer concerned has been deliberately shirking or improperly fulfilling his (or her) duties, the investigating officer shall be obliged to take measures for disciplining said officer in accordance with the established procedures.
6. A copy of the resolution passed with regard to the complaint to a decision, action (inaction) of a customs office or its officer shall be forwarded to the appellant within the time terms stipulated by Article 55 of this Customs Code.
7. The resolution passed by the customs authorities with regard to the complaint to a decision, action (inaction) of a customs office or its officer may be appealed at the superior customs office or in the court of justice or arbitration tribunal.
Article 57. Simplified Complaint Procedures with regard to a Decision, Action (Inaction) of Customs Office or its Officer
1. Subject to the simplified complaint procedures may be a decision, action (inaction) of a customs officer posted in the customs office or at a customs border gate related to the conveyance across the customs border of goods the overall value of which does not exceed 1.5 million roubles or one motor vehicle.
2. A simplified complaint procedure with regard to a decision, action (inaction) of a customs officer is defined as a verbal complaint made by an appellant to a customs officer holding a superior position, respectively; in the customs office or at a customs border gate; in case a complaint is made to a decision, action (inaction) of the chief of a customs border gate, the complainant ought to address it to the chief of the customs office responsible for the operation of said border gate.
3. A complaint to a decision, action (inaction) of a customs officer made in accordance with the simplified procedure should be addressed at once with a resolution thereto passed without delay.
4. Upon the request of a person who has made a complaint in accordance with the simplified procedure the customs officer considering said complaint draws up a complaint report (act) with regard to the complaint investigation according to the simplified procedure, which act should contain information on the customs officer who is addressing the complaint, the complainant, a brief description of the complaint, and the resolution passed thereto. In case of a refusal to address the complaint at a decision, action (inaction) of a customs officer in accordance with the simplified procedure, the act should contain the reasons for such a refusal.
The form of the complaint report (act) shall be determined by the Federal Customs Authority. The complaint report to a decision, action (inaction) of a customs officer made in accordance with the simplified procedure shall be signed by the customs officer who has addressed said complaint and by the complainant. A copy of the complaint report shall be handed to the complainant.
5. Consideration of a complaint to a decision, action (inaction) of a customs officer in accordance with the simplified procedure and a resolution passed thereto shall not be regarded as an obstruction for filing a formal complaint to a decision, action (inaction) of a customs officer in accordance with the generally established order.
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