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ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of July 1, 2016 No. 1310

About approval of the Procedure for carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs

(as amended on 21-12-2017)

For the purpose of ensuring uniform approach when carrying out by customs authorities departmental control and realization of powers, the stipulated in Clause 24 Federal Laws of November 27, 2010 No. 311-FZ "About customs regulation in the Russian Federation" (The Russian Federation Code, 2010, to No. 48, of the Art. 6252), I order:

1. Approve the enclosed Procedure for carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs (further - the Procedure).

2. To chiefs of structural divisions of FCS of Russia, regional customs authorities and customs when carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs to be guided by Procedure.

3. Recognize invalid:

the order of FCS of Russia of March 17, 2011 No. 584 "About approval of the Order of registration and accounting of the decisions passed by results of departmental control of decisions, actions (failure to act) in the field of customs affairs";

the order of FCS of Russia of June 6, 2012 No. 1122 "About approval of the Procedure for the organization and carrying out departmental control of the decisions of customs made on the legal entities included (who are subject to inclusion) in the register of owners of warehouses of temporary storage";

the order of FCS of Russia of November 9, 2015 No. 2239 "About approval of the Procedure for carrying out departmental control of the decisions in the field of customs affairs accepted by results of customs inspection of customs control by divisions after release of goods of customs authorities";

the order of FCS of Russia of May 26, 2016 No. 1025 "About modification of the Procedure for the organization and carrying out departmental control of the decisions of customs made on the legal entities included (who are subject to inclusion) in the register of owners of warehouses of temporary storage approved by the order of FCS of Russia of June 6, 2012 No. 1122";

the order of FCS of Russia of February 4, 2008 No. 24-r "About approval of the Order of interaction of divisions of customs authorities under the organization, carrying out departmental control and acceptance for its results of the measures provided by the customs legislation of the Customs union and the legislation of the Russian Federation on customs affairs";

the order of FCS of Russia of December 28, 2009 No. 239-r "About modification of the order of FCS of Russia of February 4, 2008 No. 24-r";

the order of FCS of Russia of March 30, 2011 No. 53-r "About modification of the order of FCS of Russia of February 4, 2008 No. 24-r";

the order of FCS of Russia of June 20, 2011 No. 104-r "About modification of the order of FCS of Russia of February 4, 2008 No. 24-r";

the order of FCS of Russia of July 12, 2011 No. 118-r "About approval of Methodical recommendations about carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs";

the order of FCS of Russia of December 4, 2012 No. 337-r "About modification of the Methodical recommendations about carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs approved by the order of FCS of Russia of July 12, 2011 No. 118-r";

the order of FCS of Russia of April 23, 2012 No. 83-r "About modification of the order of FCS of Russia of July 12, 2011 No. 118-r";

the order of FCS of Russia of September 11, 2012 No. 217-r "About modification of the Order of interaction of divisions of customs authorities under the organization, carrying out departmental control and acceptance for its results of the measures provided by the customs legislation of the Customs union and the legislation of the Russian Federation on customs affairs, No. 24-r approved by the order of FCS of Russia of February 4, 2008";

the order of FCS of Russia of September 12, 2012 No. 223-r "About modification of the Methodical recommendations about carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs approved by the order of FCS of Russia of July 12, 2011 No. 118-r";

the order of FCS of Russia of December 4, 2012 No. 335-r "About modification of the Order of interaction of divisions of customs authorities under the organization, carrying out departmental control and acceptance for its results of the measures provided by the customs legislation of the Customs union and the legislation of the Russian Federation on customs affairs, No. 24-r approved by the order of FCS of Russia of February 4, 2008".

4. To impose control of execution of this order on the deputy manager of FCS of Russia A. B. Strukov.

This order becomes effective since January 1, 2017.

The head - the valid counselor of state of Customs Service of the Russian Federation

A.Yu.Belyaninov

Appendix

to the Order of the Federal Customs Service of the Russian Federation of July 1, 2016 No. 1310

Procedure for carrying out departmental control of decisions, actions (failure to act) in the field of customs affairs

I. General provisions

1. Departmental control represents the activities of customs authorities directed to elimination of violations of requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs made by customs authorities and (or) their officials in case of realization by them of tasks and functions in the field of customs affairs.

The higher customs authority or the higher official of customs authority according to the procedure of departmental control has the right to cancel or change at any time the decision which is not conforming to requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs, and also to recognize illegal action (failure to act) of subordinate customs authority or the subordinate official of customs authority in the field of customs affairs.

2. For the purposes of this Procedure the following terms and their determinations are applied:

1) object of departmental control - the decision, action (failure to act) of customs authority (his official) in the field of customs affairs;

2) the subject of departmental control - the official of higher customs authority given in accordance with the established procedure authority on removal on behalf of customs authority of the decision based on article 24 of the Federal Law of November 27, 2010 to No. 311-FZ "About customs regulation in the Russian Federation" (further - the Federal Law);

3) functional divisions - divisions of FCS of Russia, regional customs authorities (further - the MOUTH) and customs to which the functions on decision making and making of actions in the field of customs affairs, and also function on the organization and control of the related activity of customs authorities exercising according to competence departmental control of decisions, actions (failure to act) in the field of customs affairs are directly assigned;

4) legal divisions - The legal department of FCS of Russia, legal division to the MOUTH, legal division of customs performing functions under approval of drafts of the decisions and conclusions prepared by results of departmental control of decisions, actions (failure to act) in the field of customs affairs, registration and to accounting of orders on carrying out departmental control, decisions and conclusions by results of departmental control of decisions, actions (failure to act) in the field of customs affairs and also the exercising departmental control of decisions, actions (failure to act) in the field of customs affairs in the cases provided by this Procedure;

5) reason for carrying out departmental control - the circumstance testimonial of need of conducting verification of the decision, action (failure to act) in the field of customs affairs;

6) the decision by results of departmental control - the document prepared by results of departmental control by which it is cancelled (changes) the decision of subordinate customs authority which is not conforming to requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs or action (failure to act) of subordinate customs authority or the subordinate official of customs authority is recognized illegal;

7) the conclusion by results of departmental control - the document prepared by results of departmental control which fixes the fact of lack of the bases for recognition of the decision, action (failure to act) in the field of customs affairs not to relevant requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs (illegal) or availability of the specified bases in case of simultaneous availability of circumstances, the stipulated in Item 20 presents About;

8) cancellation of the decision - recognition of the decision of subordinate customs authority by higher customs authority not to relevant requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs in full;

9) change of the decision - recognition of the decision of subordinate customs authority by higher customs authority in any part not to relevant requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs and introduction of the amendment to it.

3. The main objectives of departmental control are:

1) identification and elimination of violations of requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs allowed in case of adoption of decisions by customs authorities and making by customs authorities or officials of customs authorities of actions (failure to act) in the field of customs affairs;

2) recovery of the rights and legitimate interests of the state and persons violated owing to acceptance to not conforming requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs of decisions or making of wrongful acts (failure to act) in the field of customs affairs.

4. The approximate list of decisions in the field of customs affairs which can be objects of departmental control is given in appendix No. 1 to this Procedure.

5. Departmental control can be carried out along with customs control. At the same time object of customs control are goods and vehicles, customs declarations, documents and data on goods, the activities of persons connected with movement of goods through customs border and rendering services in the field of customs affairs, and also performed within separate customs procedures, persons crossing customs border. Object of departmental control are decisions of customs authorities, the actions (failure to act) of customs authorities or officials of customs authorities accepted and made in the field of customs affairs.

Inadmissibly after pronouncement of the decision by customs authority based on article 24 of the Federal Law to carry out customs control for factual determination of illegality of the made decision, illegality of committed action (failure to act) in the field of customs affairs.

The customs authority at the time of removal by results of departmental control of the decision or approval of the conclusion shall have established, including within customs control, the facts - documents and data, confirmatory that the decision made by subordinate customs authority made by subordinate customs authority or the subordinate official of customs authority action (failure to act) does not conform or conforms to requirements of the right of the Eurasian Economic Union and the legislation of the Russian Federation on customs affairs.

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