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The new Customs code is increasing the pressure on the customs brokers and entrepreneurs

This message was announced by the partner of FELIX law firm Oksana Kobzar on November, 11 during the First East-Ukrainian Law Forum which took place in Kharkiv.

According to her words the new Customs Code has a lot of disadvantages. In particular Oksana Kobzar  noted that the new code would lead to monopolization of import in the hands of  large companies and customs brokers as well as it would lead to displacement of  small importers of customs transportation. Also according to Oksana Kobzar the Tax Code will allow Ukrainian customs to allocate its importers and to provide them with the transportation facilities. Thus it will be easier for “native” brokers to perform clearance than for the others' ones.

“Despite that the new Tax Code reduces the time of customs clearance of export-import operation up to 4 hours, these actual 4 hours' time is only for filling in the customs declaration. The experience has proved that the complete clearance of goods can take up to five weeks. After all customs still possess such instruments of procrastination of documents clearance as taking samples of goods for expertise. In addition customs control functions is being expanded, e.g. post-audit. It means that after declaration and border crossing the customs may carry out the additional examination” - O.Kobzar underlined.

Also the partner of the law firm noted, that the new Customs Code introduces the function of the risk analysis market system, that will allow to perform part of the customs operations via computer excluding the human factor. According to O. Kobzar as a result of the closeness of work of customs the abuse and corruption may occur in this field.

As Oksana Kobzar told four customs brokers and several enterprises had turned to their firm. They complained about the problems at customs clearance, told about the pressure put upon them.

Also the partner of the law firm underlined that the customs had the key power which is the regulation of goods prices. The point is that the price for the particular category of goods is entered into the customs base. According to O.Kobzar after that  entrepreneurs is complaining that their goods are estimated at the price stated in the vase, and this price is not always fair.

Among the positive changes in the new Customs code the partner of the law firm has noted the preliminary declaration of goods, an opportunity to declare goods at any customs office and removal of responsibility for the choice of the product code from the declarants.   

Information from “SQ” As the first deputy head of Kharkiv Regional Customs Oleksandr Mirza stated on November, 10, the new edition of the Customs code, approved in November reduces the maximal processing time of one export-import operation from 24 hours up to 4 hours.

According to O.Mirza the new Customs Code extends the possibilities of electronic customs declaration, and the number of business entities which are permitted to have the electronic declaration increases by 20 times. The new code establishes the clear set of documents for customs clearance. Along with the declaration it allows to provide with the invoice or other document that indicated the value of goods. Under the new code the entrepreneurs have an opportunity to record the date and time of commencement of customs declaration at the electronic base by their own. Besides the new Customs Code decriminalizes the goods contraband: with the entry into the force if its provisions the contraband will be considered as  administrative law violation.

The draft law 8130-д "On alteration to the Customs Code if Ukraine and some other legislative acts of Ukraine” has been registered in the Verkhovna Rada in May and has been approved on November, 3. If the president signs it, it will come into the force on January, 1, 2012.

According to materials of  "STATUS QUO"

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