Business without legal barriers

 Disputes with customs authorities are quite common as a result of customs control and customs clearance of goods. The most common cause of such kind of disputes are the actions of the customs authorities themselves, including certain violations of the law by their officials. Such abuse by customs officers may be dictated by the need to implement a state budget “fill-in” plan when, within a specified timeframe, a customs must in any possible way secure receiving a certain amount of customs payments, for example, by making baseless decisions on determination the higher customs value of the goods than the value of the goods at the contract price. The aspiration of individual customs officers to obtain undue benefits also cannot be excluded as a cause of making illegal decisions by the customs authorities.

It should be noted that customs disputes are quite difficult to resolve, since they require the knowledge and ability to apply both customs legislation, which is a fairly complex area of law, and procedural law, which governs the procedure for settling customs disputes in courts. Therefore, in case of dispute with a customs, the most appropriate solution is to seek professional legal assistance from an attorney, who can determine whether the customs officials violate the law, to identify the nature of the wrongful acts or negligence of employees of the customs authority, and to use the obtained information in a competent manner for the benefit of the Client. By appealing to the court with a help of professional attorney against a wrongful decision, actions or negligence of the customs officers, you will not only defend your interests in the court in the current case, but also make the basis for your future, because after the customs officers are confronted by professional legal support from your lawyer, next time they will unlikely to explicitly abuse their official status.

The specialists:

providing written advice on customs disputes;

resolving disputes regarding declaring property;

resolving disputes regarding the return of confiscated property;

judicial appeal against resolutions on administrative liability for violation of customs rules;

judicial appeal against decisions, actions or negligence of the customs authorities concerning the customs valuation of goods;

judicial appeal against the decisions of the customs concerning the identification of the goods code by UCGFEA;

judicial disputes concerning the return of customs duties and other customs payments, wrongly or overly paid to the budget;

preliminary consulting for legal entities on moving goods across the customs border of Ukraine in the mode of export, import, temporary importation, transit, etc.;

drafting of requests, complaints, applications and other legal documents for the purpose of settling a customs dispute or in order of preperation for customs dispute;

representing of Clients in all courts of appeal and Supreme Court in customs disputes

Why we should be trusted
SPECIALIZATION One of the main areas of activity of “WinnerLex” Attorney Association is protecting business against unlawful acts of governmental bodies, with the main aim to create the conditions for your business to operate without legal barriers.
EXPERIENCE The team of “WinnerLex” Attorney Association has extensive experience in successfully resolving a large number of customs disputes of various categories and levels of difficulty.
PROACTIVENESS We see the possible threats and risks and protect from them.
COMPETENCE Keeping a track of current changes in the legislation and current case law of administrative courts, combined with the already accumulated experience of running customs disputes, allow us to apply a comprehensive and always up-to-date approach to resolving customs disputes.
PROFESSIONALISM Our experts have many years of experience in legal supporting of activities of medium and large-scale businesses, so we understand your needs like no one else and have enough experience for successfully resolving the most complicated legal issues of our Clients.
URGENCY “emergency legal aid” in case of any customs disputes occurrence.
Attorney’s advice:
Frequently Asked Questions (FAQ)
Are there cases where goods can be moved across the border without a written declaration?

Goods with total invoice value which does not exceed the equivalent of 10,000 euros, except for the cases specified in the Customs Code of Ukraine, are not subject to written declaration when exported (shipped) by citizens outside the customs territory of Ukraine.

What is the main evidences in the cases of violation customs?

According to the provisions of the Customs Code of Ukraine, evidence in the case of violation of customs rules may be any factual data on the basis of which the existence or absence of violation of customs rules, the guilt of the person in committing it and other relevant circumstances are established for the correct resolution of the case. But the main proof in such a category of cases is the protocol on the violation of customs rules. Therefore, in this category of cases, it is first of all necessary to check for legal defects of the protocol on violation of customs rules, since there are cases that even in the presence of signs of violation of customs rules in the actions of the declarant or another person moving goods across the border, it was possible to achieve in court the prosecution of such persons due to the formal shortcomings of the protocol on the violation of customs regulations made by customs officers when processing the protocol.What are the time limits for imposing administrative penalties in cases of violation of customs regulations?

Administrative penalties for violation of customs regulations may be imposed no later than six months from the date of detection of the offence.