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Ministry of Justice of Ukraine

August 23, 2024

No. 1295/42640

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of July 30, 2024 No. 377

About approval of the Payment procedure, of the specialists and experts connected with involvement by customs authority for participation in implementation of customs control

According to part four of Article 327 of Chapter 47 of the Section XI of the Customs code of Ukraine, the subitem 5 of item 4 of the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, I ORDER:

1. Approve the Payment procedure, of the specialists and experts connected with involvement by customs authority for participation in implementation of the enclosed customs control.

2. Declare invalid the order of the Ministry of Finance of Ukraine of March 24, 2021 No. 175 "About approval of the Procedure at the expense of means of the government budget of the payments connected with involvement by customs authority of specialists and experts for participation in implementation of customs control", registered in the Ministry of Justice of Ukraine on April 8, 2021 at No. 478/36100.

3. In accordance with the established procedure to provide to department of customs policy:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

4. This order becomes effective from the date of its official publication.

5. I reserve control over the implementation of this order and I assign to the Chairman of the State Customs Service of Ukraine.

Minister

S. Marchenko

It is approved:

First Deputy Minister of digital transformation of Ukraine

 

O. Vyskub

Acting minister of economy of Ukraine

T.Kachka

Chairman of the Public regulatory service of Ukraine

A. Kucher

Acting Chairman of the State Customs Service of Ukraine

S. Zvyagintsev

Approved by the Order of the Ministry of Finance of Ukraine of July 30, 2024, No. 377

Payment procedure, of the specialists and experts connected with involvement by customs authority for participation in implementation of customs control

1. This Procedure determines compensation mechanism to specialists and experts (further - experts) the expenses connected with their participation in implementation of customs control.

2. By results of work of customs authorities on customs clearance of the loads requiring involvement of experts, the central executive body realizing the state customs policy determines the list of researches (analyses, examinations) which conducting needs to be provided when implementing customs control and which the specialized body for questions of examination and researches of the central executive body realizing the state customs policy, or its separate division cannot provide.

3. Within the budgetary appropriations approved for the corresponding year in the estimate of the central executive body realizing the state customs policy centralized purchase of services in carrying out researches (analyses, examinations) with use of electronic system of public purchases is carried out and winners separately are determined by different types of researches (analyses, examinations).

With the company, organization, the organization (further - the company) which is the winner of the corresponding purchase, the central executive body realizing the state customs policy in accordance with the established procedure signs the service provision agreement on carrying out researches (analyses, examinations) (further - the agreement).

The agreement is drawn up taking into account provisions of Chapter 63 of the Civil code of Ukraine and contains conditions concerning the place, cost and approximate terms of provision of services, right to sign of acts of the performed works (the rendered services), procedure for provision of the invoice for payment, and also procedure of payments.

The agreement is brought to the attention also for use in work of customs authorities.

4. In case of need the official of customs authority to which the right of the first signature of documents on financial questions is delegated by electronic document management system directs involvement of the expert for participation in implementation of customs control to the central executive body realizing the state customs policy, request for carrying out research (further - request) in which taking into account amount of expert researches (analyses, examinations) the amount which is subject to compensation to the company and the expected date of completion of researches (analyses, examinations) are specified.

In the central executive body realizing the State customs policy, study of request in time, not exceeding two working days, provide:

the division performing coordination of work of division of the customs authority initiating carrying out researches (analyses, examinations) - regarding confirmation of need of involvement of the expert for participation in implementation of customs control;

accounting service - regarding balance availability under the contract for payment of the corresponding services and reservation of the necessary amount for carrying out research (the analysis, examination).

Information on results of processing of request is carried to customs authority by the letter of the central executive body realizing the state customs policy which signs the official to whom the right of the first signature of documents on financial questions is delegated. The signature on the letter on approval of request of customs authority the official to whom the right of the first signature of documents on financial questions is delegated provides approval on involvement of the expert for participation in implementation of customs control with the subsequent payment of properly drawn up acts of the performed works (the rendered services) and invoices for payment.

5. In case of approval by the central executive body realizing the state customs policy of request the customs authority in the procedure established by the legislation involves the expert to participation in implementation of customs control.

6. By results of involvement of the expert for participation in implementation of customs control the expert provides to customs authority:

the conclusion about the conducted researches (analyses, examinations);

the act of the performed works (the rendered services);

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