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Lawyer with many years of experience in the field of real estate and land law. Support for construction, registration of land plots, obtaining permitted documentation and protection of property rights. Also has successful cases of labor law and mobbing at work.
Protocol on violation of customs regulations
The Protocol on Violation of Customs Regulations (hereinafter referred to as the Protocol) is an official document drawn up by an authorized person to record the fact of violation of the norms provided for by the Customs Code of Ukraine.
It is of key importance, as it launches the procedure for bringing a person to justice and contains primary information about the offense, including the nature, place of commission, etc.
In this article, we will explore in more detail the issue of its preparation and the possibility of appeal.
When is a protocol on violation of customs regulations drawn up?
The protocol is drawn up immediately in case of detection of any violation of customs regulations, after which the case is referred for consideration either by the customs authority or by the court.
The document is drawn up when one of the following offenses occurred:
- delay in transit terms (Article 468);
- non-payment of payments at customs during the clearance of goods (Article 485);
- violation of the customs control procedure (Article 471);
- failure to comply with the terms of delivery of goods under customs control (Article 476)
- smuggling (Article 482) and others.
Who prepares a protocol on violation of customs regulations?
Authorized officials of customs authorities, who have the authority to draw up relevant protocols regarding citizens, are customs officers in the course of customs control and clearance; other officials in accordance with their job descriptions.
What requirements must the protocol on violation of customs regulations meet?
The main purpose of the protocol is to accurately record all the circumstances of the offense, which are the basis for further consideration of the case.
Therefore, in order to fully meet the goal, the protocol must meet the following criteria:
- firstly, contain the date, time and place of drawing up the protocol / commission of the offense;
- secondly, to provide information about several persons — a customs officer who drew up a document and a citizen who, in accordance with the information provided, committed a specific act;
- thirdly, indicate a detailed description of the offense with reference to a specific article (part of the article) of the law;
- Fourth, contain any additional information that may be important for resolving the case.
It is important to know! To ensure the transparency of the process of delivery of the finished protocol, it must contain the signature of the customs officer and witnesses who were present at the violation of customs regulations or received relevant information.
To learn more, we advise you to book a consultation with our professional customs lawyer.
What is the procedure for obtaining and appealing a protocol on violation of customs regulations?
The procedure for receiving the protocol by a person provides for handing it over against receipt (in case of refusal to receive it, one of the copies is sent by mail within three days) and explaining the right to submit appropriate explanations.
If we talk about appealing against the actions of the customs regarding the delivery of the relevant protocol, it should be noted that it is not possible to do this by filing a complaint or objecting to the protocol.
To do this, it will be necessary to wait for the start of the consideration of the case in the customs authority and submit your explanations and comments on the content of the document. In this case, professional legal support may be required.
Assistance of a lawyer of Prikhodko & Partners in the case of obtaining a protocol on violation of customs rules: what do we offer?
Experienced customs lawyers of our company offer comprehensive legal support to appeal against the actions of the customs authority to bring to responsibility.
Their services will be aimed at protecting your legitimate interests at all stages of the case, starting with the receipt of the protocol and ending with the cancellation of the customs decision.
Taking into account their practical experience and relevant qualifications, a lawyer will be able to:
- First, study all the circumstances of your case and develop an effective defense strategy;
- secondly, to help you correctly draw up all the necessary documents (explanations, remarks or a lawsuit, if necessary);
- thirdly, to represent your legitimate interests in the consideration of the case in the customs authorities or in court (on the basis of a power of attorney or an order for the provision of legal assistance).
Summing up, the protocol on violation of customs regulations is drawn up by authorized persons who work in customs authorities and have the powers prescribed in their job descriptions.
This document is drawn up immediately, provided to the person against receipt (or sent by mail in case of refusal to receive the document), and it is impossible to appeal it directly.
To do this, it is necessary to prepare duly reasoned objections and submit them to the customs authority in case of direct consideration of the case and a decision on the issuance of a resolution.
To do everything as correctly as possible, it is recommended to order professional legal assistance in your case.
To order a consultation and find out the cost of legal support in the case of obtaining a protocol on violation of customs regulations, please fill out the form below.
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