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Ministry of Justice of Ukraine

December 26, 2016

No. 1693/29823

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of December 2, 2016 No. 1058

About approval of the Order of interaction of structural divisions and territorial authorities of the State Customs Service of Ukraine with Specialized laboratory concerning examination and researches of State Customs Service during researches (analyses, examinations), Standard rates of sampling (samples) of goods for carrying out research (examination), forms of the act of the conclusion of tests (samples) of goods and the conclusion

(as amended of the Order of the Ministry of Finance of Ukraine of 01.09.2023 No. 480)

According to Articles 347, of 356, of 357, of 502, 515 - 517 Customs codes of Ukraine, and for the purpose of the organization of interaction of structural divisions and territorial authorities of the State Customs Service of Ukraine during researches (analyses, examinations) I order to 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:

Order of interaction of structural divisions and territorial authorities of the State Customs Service of Ukraine with Specialized laboratory concerning examination and researches of State Customs Service during researches (analyses, examinations);

Standard rates of sampling (samples) of goods for carrying out research (examination);

form of the act of the conclusion of tests (samples) of goods;

conclusion form.

2. Declare invalid the order of the Ministry of Finance of Ukraine of May 31, 2012 No. 654 "About approval of the Order of interaction of customs authorities with the Central customs authority of laboratory researches and expert work when carrying out customs control and customs clearance of goods and vehicles, Standard rates of sampling (samples) of goods for carrying out research (the analysis, examination) and forms of the act of the conclusion of tests (samples) of goods", registered in the Ministry of Justice of Ukraine on June 26, 2012 for No. 1071/21383.

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 its 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 of execution 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 December 2, 2016, No. 1058

Order of interaction of structural divisions and territorial authorities of the State Customs Service of Ukraine with specialized laboratory concerning examination and researches of State Customs Service during researches (analyses, examinations)

I. General provisions

1. This Procedure determines the sequence and procedure for accomplishment of actions by officials of structural divisions and territorial authorities of State Customs Service (further - customs authorities) during the direction of requests about carrying out researches (analyses, examinations), resolutions on purpose of examinations by cases on customs offense in specialized laboratory concerning examination and researches of State Customs Service (further - SLED of State Customs Service), and also carrying out researches (analyses, examinations) by experts of SLED of State Customs Service.

2. Researches (analyses, expertizes) are carried out by geographical distribution experts of SLED of State Customs Service, established by State Customs Service.

3. According to the written address of the head of customs authority or its deputy experts of SLED of State Customs Service can be involved in sampling (samples) of goods for carrying out researches (examinations).

4. Purpose of researches (analyses, examinations) by customs authorities in other expert organizations (organizations) is performed according to the procedure, determined by the legislation.

II. Bases for purpose of researches (analyses, examinations)

1. The research (the analysis, examination) is appointed in case for the solution of the questions important for implementation of customs control and customs clearance on cases on customs offense, and also in case of decision making of rather binding information, there was need for special knowledge of separate branches of science, technicians, arts, religions and so forth.

Examination is appointed in the cases provided by the Customs code of Ukraine (further - the Code).

2. The decision on purpose of carrying out research (the analysis, examination) when implementing customs control and customs clearance or in case of decision making of rather binding information draws up the authorized officer of customs authority in the form of request.

3. The decision on purpose of examination on the case of customs offense draws up the official of customs authority in which production there is case on customs offense, in the form of the resolution.

4. Conducting examination on cost determination of goods is performed based on the resolution on purpose of examination on the case of customs offense.

III. Forming of documentation for carrying out researches (analyses, examinations)

1. The request about carrying out research (the analysis, examination) trains the official of customs authority in the form determined in appendix 1 to this Procedure.

In request the basis and the purpose of sending an inquiry are without fail specified, tasks for research (the analysis, examination), in particular, what characteristics, properties and/or signs of tests (samples) of goods it is necessary to check or establish are determined.

The tasks determined in request for research (the analysis, examination) shall answer the purpose of sending an inquiry.

The request is drawn up concerning one legal entity or physical person.

2. Are applied to request:

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