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Ministry of Justice of Ukraine

August 23, 2016

No. 1173/29303

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of July 28, 2016 No. 699

About approval of the Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (examination) by Department of tax and customs examinations of GFS and forms of deeds of conveyance of tests (samples) of goods, about return of tests (samples) of goods, about destruction (utilization) of tests (samples) of goods

(as amended of the Order of the Ministry of Finance of Ukraine of 07.06.2017 No. 563)

According to Articles 357, of 515, 516 Customs codes of Ukraine, I order to article 84 of the Tax 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,:

1. Approve enclosed:

Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (examination) of tax and customs examinations of GFS by Department;

form of the Deed of conveyance of tests (samples) of goods;

form of the Act of return of tests (samples) of goods;

form of the Act of destruction (utilization) of tests (samples) of goods.

2. Declare invalid the order of the Ministry of Finance of Ukraine of May 31, 2012 No. 653 "About approval of the Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (the analysis, examination) the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine", registered in the Ministry of Justice of Ukraine on June 26, 2012 for No. 1055/21367.

3. To department of tax, customs policy and methodology of financial accounting (Romaniuk Yu. P.) to provide in accordance with the established procedure:

provision 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 official publication.

5. (Nasirov R. M.) to provide to the public fiscal service of Ukraine placement of this order on the GFS official web portal.

6. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine - the chief of staff of Kapinus E. V. and Chairman of the Public fiscal service of Ukraine Nasirov R. M.

Minister

A. Danilyuk

Approved by the Order of the Ministry of Finance of Ukraine of July 28, 2016, No. 699

Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (examination) of tax and customs examinations of GFS by Department

1. This Procedure determines the address mechanism with tests (samples) of goods provided in Department of tax and customs examinations of GFS (further - DNTE DFS) for carrying out researches (examinations) when implementing tax control, customs control and customs clearance, and also during production by cases on customs offense.

2. Control tests (samples), and also remaining balance of the researched tests and the samples damaged during researches (examinations) are stored in DNTE DFS (its separate division) within 60 days from the date of receipt.

3. Tests (samples) of goods which quickly spoil or have limited storage duration, are stored during the term of their storage.

4. Terms and storage conditions of tests (samples) of goods are determined by standards, specifications, passport data of the producer of goods, information on marking and so forth.

5. Tests (samples) of goods as a part of which by results of researches (examinations) drugs are found psychotropic substances, their analogs or precursors, strong or toxic agents, and also the samples (samples) of goods taken in one copy or selected during proceeedings about customs offense right after carrying out research (examination) and provision of the conclusion are transferred to body of GFS which appointed such research (examination), according to the Deed of conveyance of tests (samples) of goods which form is approved by the order of the Ministry of Finance of Ukraine of July 28, 2016 No. 699 (further - the deed of conveyance).

DNTE DFS in the cover letter to the conclusion informs body of GFS on need of receipt of such tests (samples) of goods.

The body of GFS within 3 working days from the date of receipt of the cover letter of DNTE DFS provides in DNTE DFS of tests (samples) of goods.

For receipt of such tests (samples) of goods the head of body of GFS or person authorized by it sends the official (persons) of body of GFS to DNTE DFS.

6. The deed of conveyance of tests (samples) of goods is drawn up in duplicate and affirms the chief of DNTE DFS or person authorized by it which is determined by the order DNTE DFS.

One copy of the act remains in cases of DNTE DFS, another - is told to the official of body of GFS.

7. In case of impossibility of carrying out research (examination) in DNTE DFS the researched and control tests (samples) of goods are subject to transfer to body of GFS before the expiration of their storage according to the Deed of conveyance.

8. After decision making about purpose of additional or repeated research (examination) in other expert division of DNTE DFS or in other expert organization (organization) the head of body of GFS or person authorized by it in writing addresses DNTE DFS with the requirement about transfer of remaining balance of the researched test (sample) of goods provided for primary research (examination) before the expiration of her (his) storage.

The remaining balance of the researched test (sample) of goods is transferred to body of GFS which makes the decision on purpose of additional or repeated research (examination), according to the Deed of conveyance.

9. The remaining balance of the researched test (sample) of goods before transfer to body of GFS is packed and sealed up sealed) by the official of DNTE DFS that makes impossible access to he (she), provides its integrity (preserving), hermeticity, invariance of characteristics.

10. In case of receipt in judgment DNTE DFS with the requirement about transfer of tests (samples) of goods of DNTE DFS provides their transfer in determined by court organization (organization) for the Deed of conveyance.

Tests (samples) of goods are transferred to the organization (organization) determined by court with use of means of ensuring of identification;

Permission to change or destruction of the means of identification applied to the transferred tests (samples) of goods is provided to the organization (organization) determined by court.

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