Interlegal lawyers won the dispute: contesting the order on breach of customs rules

 

Interlegal lawyers won the dispute: contesting the order on breach of customs rules

The Client – ship repair yard applied to Interlegal due to the problem of bringing official to liability for breach of customs rules. The Client previously faced similar situations, so our experts could defend its interests at the court.

In all the matters the Client, as the Contractor under ship repair agreements, was a declarant of vessels flying under foreign flag and registered them in customs regime of processing in Ukraine. In accordance with the Customs Code of Ukraine, aggregate term for the goods customs regime of processing shall not exceed 365 days.

But upon expiry of the expired processing term, the counteragents, as the Customers under ship repair agreements, often failed to export vessels in breach of the Customs Code of Ukraine (Article 480 of the above Code stipulates responsibility for violation of terms).

As the result, customs offices have brought the Client’s official for breach of customs rules (since the Client was a declarant) and have made an appropriate order on violation of customs procedure.

Interlegal lawyers defended the Client’s interests for several times and contested the orders of customs offices, due to absence of the elements of administrative offense in the Client’s actions. Now, Interlegal project team could persuade the court in lawfulness of the Client’s actions, followed by cancelling the above order and closing the case proceedings on violation of customs procedure.

Our experts succeeded in contesting the order, inter alia, based on special clauses drawn up by Interlegal and included into ship repair contracts.

In order to avoid such obstacles related to court proceedings, Interlegal lawyers are always ready to verify your ship repair contracts for clauses on excluding ship repair yard’s liability or (in their absence) to prescribe methods of defense in your contract.

Interlegal attorney-at-law Vitalii Tolstik, associate attorney Irina Bushueva, managed by senior associate Karyna Gorovaya, led the case.