Skliarenko, Sydorenko & Partners helped the importer to avoid a fine. For this it was necessary "to disassemble" tractor

An interstate conflict with a northern neighbor creates additional risks for running business. Thus, the sign “Made in Russia” on the goods that arrived from Kazakhstan almost cost a large Ukrainian importer of agricultural machinery 7.5 million hryvnias.

However, responsibility for violation of customs regulations, as well as the resulting losses in the form of confiscation of expensive equipment and a fine, were avoided thanks to the convincing legal position developed by the team of lawyers of Skliarenko, Sydorenko and Partners, as well as the evidence they collected.

The Ukrainian company has signed a foreign economic contract with a Kazakh firm for the supply of a tractor, worth UAH 3.26 million. When the goods arrived at the Ukrainian border, within the framework of the existing procedures, customs inspection and verification of documents were carried out.

Ukrainian customs officials did not like the form of the certificate of origin of Kazakh goods (it allegedly did not correspond to the established one). In addition, there was a metal sign on the tractor cab with the words "Made in Russia".

These two factors became the reason for drawing up a protocol on violation of customs rules under Article 483 of the Customs Code of Ukraine against the head of the Ukrainian importing company and sending to the court. Recall that the sanction of this article provides for the imposition of a fine in the amount of 100% of the value of the goods with its confiscation. The officials decided that the documents submitted contained false information, and the tractor itself was included in the list of goods originating from the Russian Federation prohibited from being imported into the customs territory of Ukraine.

“After reading the materials, our position was categorical: the proceedings against the head should be closed due to the lack of corpus delicti, and the seized goods should be returned to the company as its legal owner,” commented Andriy Trigub, associate partner of Skliarenko, Sydorenko and Partners who represented the client in court. - After all, the importer has submitted to the customs all the necessary shipping documents for registration and release into free circulation. These documents were issued by the manufacturer of the goods and the authorized bodies of the Republic of Kazakhstan and were genuine. At the same time, the protocol did not contain any evidence of their forgery."

For this, the company's lawyers additionally initiated a forensic examination, which confirmed the country of origin of the goods.

In particular, it was found that the components of the tractor were manufactured in different countries: the engine was made in the USA, the transmission was made in Japan, the tires made in Czech Republic, the hydraulic distributors and the clutch block were made in Italy, and the rims were made in Ukraine. But the cabin (on which the ill-fated plaque hung) was indeed made in the Russian Federation.

“But such marking did not at all indicate the production of goods in Russia and could not be used to determine the country of its origin,” A. Trigub noted. - To answer the question posed, the expert applied the "cumulative principle", in which the origin is determined by the country of manufacture of the final product. "

As a result, the Solomensky District Court of Kiev, where the case was considered, did not see any proper and admissible evidence refuting the reliability of the goods declaration by the importer. The judge stated the absence of the objective and subjective side of the administrative offense in the actions of the head and closed the proceedings. The court also ordered the return of the seized goods to the company.

Although the customs office appealed its loss, the Kiev Court of Appeal upheld the decision of the first instance court, which entered into force on September 9, 2020.

“We always clearly and consistently defend the legitimate interests of our clients in court,” noted Oleksandr Skliarenko, managing partner of the law firm. - And a matter of principle becomes a situation when law enforcement officers, guided by some unclear motives, block the work of enterprises in the real sector of the economy. But it is these enterprises (and not the army of officials) that ensure the development of our country ... Here the lawyers of Skliarenko, Sydorenko and Partners are ready to analyze the problem situation into molecules in order to ensure a positive outcome for everyone. "