Customs disputes

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Customs disputes in Ukraine

A customs dispute arises when the customs authority refuses to accept the declared value of goods, changes the classification code, holds a consignment, draws up a report on a breach of customs rules or refuses clearance. Cases of this kind rest on the documents that accompany the shipment, and they are among the harder disputes to litigate.

What this section covers

Three areas are described in detail. Disputes related to export, import and declaration of goods deal with customs value, classification and the documents supporting the declaration. Appealing unlawful actions of the customs authorities explains the two available routes: an administrative complaint to a higher authority, and a claim to an administrative court. Disputes arising at the border covers the situations that appear during clearance itself.

How the work runs

A lawyer starts with the customs declaration, the contract, the invoices, the transport and payment documents and the decision of the customs authority, and establishes on what ground the decision was taken. The administrative complaint and the court claim have their own deadlines, so the order of the steps is decided at once: in some cases the complaint to the higher authority is filed first, in others the claim goes straight to the administrative court. The scope of work and the deadlines are fixed in the contract before the start.

Customs cases are heard by the administrative courts, so the practice overlaps with administrative disputes and, where the customs decision affects tax obligations, with tax disputes. Company registration questions that arise for importers are covered in registration of enterprises.

Prices and deadlines

Every position in this section is listed in the price list with a deadline and a price. Most entries carry the note «Negot.», because the fee depends on the documents, the founders and the scope of work; the deadline shown for the majority of services is three working days. The scope, the fee and the schedule are fixed in the contract before the work starts.

How to start

Call +38 (067) 999-64-90 or write to [email protected]. The head office of Legal Solutions is at 77 Velika Vasilkivska street, Kyiv, open Monday to Friday from 8:00 to 20:00; the branches in Lviv and Dnipro and the representations in Odessa, Kharkiv, Uzhgorod, Khmelnytskyi and Rivne are listed on the contacts page.

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