TODAY IS THURSDAY, DECEMBER 14, 2017, 5:35:12 AM
VISUALLY VERSION

bulavinvi_eng Vladimir Ivanovich Bulavin
 Head of the Federal Customs Service of the Russian Federation
Meeting of the collegiate organ of the Federal Customs Service

The agenda of the meeting of the FCS collegiate organ was framed based on close of the year and the message of V.V.Putin, President of Russia, to the Federal Assembly, identifying the principle vector of activities of the Customs Service as law compliance and tightening of law compliance. “Not money by all means, but strict law compliance as the basis for enhancement of customs control and administration”, - noted Alexander Zherikhov, Head of the Federal Customs Service.

Based on the example of operations of customs authorities of one region – the North-West Customs Administration it was decided to examine the results of carrying out requirements of President of the Russian Federation.

The meeting of the collegiate organ of the FCS, which took place on the 25th of November, 2005, on the bases of the North-West Customs Administration in St. Petersburg, considered issues, signified in the agenda “On law compliance practices in operation of customs authorities of the North-West Customs Administration”.

The work of the collegiate organ was marked by participation of Alexander Zherikhov, Head of FCS, general-colonel of Customs Service, deputy heads of FCS, heads of central customs administrations of the FCS and of heads of regional customs administrations.

The report “On customs law compliance practices in operation of the North-West Customs Administration” was delivered by Pavel Korzhatchkin, Head of the North-West Customs Administration, lieutenant general of the Customs Service.

Both in the report and addresses it was noted that under present conditions it would be impossible for the customs authorities to perform their functions, being most important for the state and the society without ensuring of strict legislative execution by participants of foreign economic activity, border crossing nationals as well as by officials of the customs authorities themselves.

In the North-West Customs Administration, in its turn, constant emphasis are placed on law compliance of the customs authorities of the region as well as on importance of quality in-house monitoring of the legislative execution.

The repeated matter at issue under consideration of collegiate organs of the North-West Customs Administration, briefings, conducted by Head of the North-West Customs Administration and by heads of customs-houses of the Administration, was the following:

- legislative execution in the time of identifying and supervising of value of commodities;

- judicial practice, formed in the time of appealing decisions on adjustment of customs value of commodities as well as on other categories of legal cases;

- application of the risk management system;

- collection of customs duties;

- counter-measures against infringements of customs law.

The North-West Customs Authorities place constant emphasis on in-house control over the customs authorities of the region, particularly, making complex, purpose and functional inspection audits. Thus, within 10 months of 2005, the Administration has made more than 170 of inspection audits of inferior agencies. Based on the audits’ results, more than 9 million rubles have been collected as extra charge, 14 proceedings have been instituted as administrative violations and 1 as a criminal case.

In the course of making of the inspection audits the following main violations have been disclosed:

- ungrounded decision making in respect of customs value of commodities and transport vehicles (Baltic, Kaliningrad, North-West excise, St. Petersburg and Pskov customs-houses);

- non-compliance in full with risk-profile minimization requirements (Kaliningrad, Neman, Baltic customs-houses, Vologda customs-house);

- violation of the customs clearance procedure and of customs control in respect of established customs authorities’ competence on conclusion of customs operations (Baltic, Vyborg, Pulkovo, Kaliningrad, St. Petersburg customs-houses);

- violation of customs transit inspection procedures with application of the Computerized Customs Transit Inspection System (Archangelsk, Kingisepp, Murmansk customs-houses, Kaliningrad region of the North-West Customs Administration);

- inadequate control on the part of officers of customs-houses in respect of fullness and authenticity of data, specified in the State Customs Declaration (St. Petersburg, Vyborg, Sortaval, Kaliningrad customs-houses).

At the same time, the analysis, carried out by customs authorities in the course of internal audits, has shown that within 9 months of 2005 the most frequent violations (87.5% of cases), committed by officers of customs authorities, were those of violations of orders of the FCS of the Russian Federation, regulating customs clearance and customs control of commodities and transport vehicles, including:

- while carrying out control over declaration and release of commodities and transport vehicles – 37.9%;

- while exercising control over delivery of commodities and transport vehicles – 29.3%.

The North-West Customs Administration and customs authority of the region make inspection audits of law violations, committed by officers, who, if found guilty as a result of these audits, will be made accountable and disciplinary liable for these violations.

However, despite of measures taken by the North-West Customs Administration to enhance the procedures of customs clearance, types and methods of customs control, raising of level of qualification of officers of customs authorities, management of customs law compliance still remains inefficient at present.

The practice of administration of complaints and notices of appeal in the North-West Customs Administration, carried out in the framework of Chapter 30 of the RF Code on administrative violations and Chapter 7 of the RF Customs Code testifies that status of justice in the time of making persons accountable and administratively responsible as well as in the time of making decisions, performing acts (failure to act) in the region of customs activities remains considerably low.

Thus, within 9 months of 2005, the North-West Customs Administration has administered 255 complaints of enactments of customs authorities of the region, which is 1.3 times more than within a similar period of 2004 (197 complaints), 64 notices of procuracy opposition filed against enactments of the regional customs authorities in respect of administrative violations.

Returned for reconsideration in 2005 – 33 (61%), in 2004 – 24 (45%).

Thus, in comparison with 2004 there is increase both in number of notices of appeal and in number of enactments, repealed in connection with notices of appeal, filed in respect of cases of administrative violations.

Though the percentage of repealed enactments decreased from 57% in 2004 to 49 % in 2005, the quality level of proceedings on administrative violations still remains considerably low.

Most of enactments were repealed in the following customs-houses:

St. Petersburg customs-house – 16 out of 18 considered (89%);

– Siktivkar customs-house – 15 out of 17 considered (88%).

One of the tools provided by law for the purpose of ensuring of law compliance by customs authorities is in-house control, which is not being implemented in full measure.

At the same time, an effective tool must be launched by management of customs authorities to respond to negative judicial decisions. The North-West Customs Administration has been constantly placing emphasis on arrangement of legal activities in the regional customs authorities as well as on efficiency of response to judgments, passed not in favor of customs authorities.

At the meeting of the collegiate organ attention of management of customs authorities, services of the North-West Customs Administration, exercising supervision of legislative execution on the part of inferior officers was drawn to law compliance as a priority task being not less important than the budget replenishment, facilitation of customs clearance, legal violations control and other tasks, solved by customs authorities as a whole.

In his closing address A.E.Zherikhov, Head of the RF Federal Customs Service marked that all work carried out to ensure law compliance consists of two interrelated components.

One of them – strict legislative execution by customs officers themselves irrespective of their titles.

The second one – stringent control over law compliance by participants of foreign economic activities.

All and every customs officers must be explicitly knowledgeable that they are the first ones to faultlessly comply with law.

Nothing but light-fingered and guilty conscience customs officers themselves so severely undermines the authority and the image of customs service and of customs officers.

Cleanness of our ranks, strict self-check and placing strict demands on your subordinates, on your colleagues – is the main guaranty and the principle of compliance with customs law.

Head of the RF FCS focused attention on the importance of “uniformity of application of the customs law as one of essential components of all our work carried out to enhance control over law observance as the first priority to be perceived, first and foremost, by the managerial personnel of customs authorities of at all levels”.

The FCS chief executive officer demanded considerable improvement of activities of the law enforcement unit of the North-West Customs Administration, placing special emphasis of management on their adequate response to cases of violation of the customs law.

 

The agenda of the meeting of the FCS collegiate organ was framed based on close of the year and the message of V.V.Putin, President of Russia, to the Federal Assembly, identifying the principle vector of activities of the Customs Service as law compliance and tightening of law compliance. “Not money by all means, but strict law compliance as the basis for enhancement of customs control and administration”, - noted Alexander Zherikhov, Head of the Federal Customs Service.

Based on the example of operations of customs authorities of one region – the North-West Customs Administration it was decided to examine the results of carrying out requirements of President of the Russian Federation.

The meeting of the collegiate organ of the FCS, which took place on the 25th of November, 2005, on the bases of the North-West Customs Administration in St. Petersburg, considered issues, signified in the agenda “On law compliance practices in operation of customs authorities of the North-West Customs Administration”.

The work of the collegiate organ was marked by participation of Alexander Zherikhov, Head of FCS, general-colonel of Customs Service, deputy heads of FCS, heads of central customs administrations of the FCS and of heads of regional customs administrations.

The report “On customs law compliance practices in operation of the North-West Customs Administration” was delivered by Pavel Korzhatchkin, Head of the North-West Customs Administration, lieutenant general of the Customs Service.

Both in the report and addresses it was noted that under present conditions it would be impossible for the customs authorities to perform their functions, being most important for the state and the society without ensuring of strict legislative execution by participants of foreign economic activity, border crossing nationals as well as by officials of the customs authorities themselves.

In the North-West Customs Administration, in its turn, constant emphasis are placed on law compliance of the customs authorities of the region as well as on importance of quality in-house monitoring of the legislative execution.

The repeated matter at issue under consideration of collegiate organs of the North-West Customs Administration, briefings, conducted by Head of the North-West Customs Administration and by heads of customs-houses of the Administration, was the following:

- legislative execution in the time of identifying and supervising of value of commodities;

- judicial practice, formed in the time of appealing decisions on adjustment of customs value of commodities as well as on other categories of legal cases;

- application of the risk management system;

- collection of customs duties;

- counter-measures against infringements of customs law.

The North-West Customs Authorities place constant emphasis on in-house control over the customs authorities of the region, particularly, making complex, purpose and functional inspection audits. Thus, within 10 months of 2005, the Administration has made more than 170 of inspection audits of inferior agencies. Based on the audits’ results, more than 9 million rubles have been collected as extra charge, 14 proceedings have been instituted as administrative violations and 1 as a criminal case.

In the course of making of the inspection audits the following main violations have been disclosed:

- ungrounded decision making in respect of customs value of commodities and transport vehicles (Baltic, Kaliningrad, North-West excise, St. Petersburg and Pskov customs-houses);

- non-compliance in full with risk-profile minimization requirements (Kaliningrad, Neman, Baltic customs-houses, Vologda customs-house);

- violation of the customs clearance procedure and of customs control in respect of established customs authorities’ competence on conclusion of customs operations (Baltic, Vyborg, Pulkovo, Kaliningrad, St. Petersburg customs-houses);

- violation of customs transit inspection procedures with application of the Computerized Customs Transit Inspection System (Archangelsk, Kingisepp, Murmansk customs-houses, Kaliningrad region of the North-West Customs Administration);

- inadequate control on the part of officers of customs-houses in respect of fullness and authenticity of data, specified in the State Customs Declaration (St. Petersburg, Vyborg, Sortaval, Kaliningrad customs-houses).

At the same time, the analysis, carried out by customs authorities in the course of internal audits, has shown that within 9 months of 2005 the most frequent violations (87.5% of cases), committed by officers of customs authorities, were those of violations of orders of the FCS of the Russian Federation, regulating customs clearance and customs control of commodities and transport vehicles, including:

- while carrying out control over declaration and release of commodities and transport vehicles – 37.9%;

- while exercising control over delivery of commodities and transport vehicles – 29.3%.

The North-West Customs Administration and customs authority of the region make inspection audits of law violations, committed by officers, who, if found guilty as a result of these audits, will be made accountable and disciplinary liable for these violations.

However, despite of measures taken by the North-West Customs Administration to enhance the procedures of customs clearance, types and methods of customs control, raising of level of qualification of officers of customs authorities, management of customs law compliance still remains inefficient at present.

The practice of administration of complaints and notices of appeal in the North-West Customs Administration, carried out in the framework of Chapter 30 of the RF Code on administrative violations and Chapter 7 of the RF Customs Code testifies that status of justice in the time of making persons accountable and administratively responsible as well as in the time of making decisions, performing acts (failure to act) in the region of customs activities remains considerably low.

Thus, within 9 months of 2005, the North-West Customs Administration has administered 255 complaints of enactments of customs authorities of the region, which is 1.3 times more than within a similar period of 2004 (197 complaints), 64 notices of procuracy opposition filed against enactments of the regional customs authorities in respect of administrative violations.

Returned for reconsideration in 2005 – 33 (61%), in 2004 – 24 (45%).

Thus, in comparison with 2004 there is increase both in number of notices of appeal and in number of enactments, repealed in connection with notices of appeal, filed in respect of cases of administrative violations.

Though the percentage of repealed enactments decreased from 57% in 2004 to 49 % in 2005, the quality level of proceedings on administrative violations still remains considerably low.

Most of enactments were repealed in the following customs-houses:

St. Petersburg customs-house – 16 out of 18 considered (89%);

– Siktivkar customs-house – 15 out of 17 considered (88%).

One of the tools provided by law for the purpose of ensuring of law compliance by customs authorities is in-house control, which is not being implemented in full measure.

At the same time, an effective tool must be launched by management of customs authorities to respond to negative judicial decisions. The North-West Customs Administration has been constantly placing emphasis on arrangement of legal activities in the regional customs authorities as well as on efficiency of response to judgments, passed not in favor of customs authorities.

At the meeting of the collegiate organ attention of management of customs authorities, services of the North-West Customs Administration, exercising supervision of legislative execution on the part of inferior officers was drawn to law compliance as a priority task being not less important than the budget replenishment, facilitation of customs clearance, legal violations control and other tasks, solved by customs authorities as a whole.

In his closing address A.E.Zherikhov, Head of the RF Federal Customs Service marked that all work carried out to ensure law compliance consists of two interrelated components.

One of them – strict legislative execution by customs officers themselves irrespective of their titles.

The second one – stringent control over law compliance by participants of foreign economic activities.

All and every customs officers must be explicitly knowledgeable that they are the first ones to faultlessly comply with law.

Nothing but light-fingered and guilty conscience customs officers themselves so severely undermines the authority and the image of customs service and of customs officers.

Cleanness of our ranks, strict self-check and placing strict demands on your subordinates, on your colleagues – is the main guaranty and the principle of compliance with customs law.

Head of the RF FCS focused attention on the importance of “uniformity of application of the customs law as one of essential components of all our work carried out to enhance control over law observance as the first priority to be perceived, first and foremost, by the managerial personnel of customs authorities of at all levels”.

The FCS chief executive officer demanded considerable improvement of activities of the law enforcement unit of the North-West Customs Administration, placing special emphasis of management on their adequate response to cases of violation of the customs law.