The forms of custom control
The functions and powers of the customs authorities. The procedure for movement of goods across the border. Classification of the forms of customs control. Commodity nomenclature subject to supervision. Clearance of imports and exports at customs.
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Ministry of Education and Science of Ukraine
Lviv Institute of Economy and Tourism
The forms of custom control
Custom control comes true in forms, that the envisagedcentury 41 МК of Ukraine, where it is set that custom controlcomes true by the official persons of custom by a way:
1) verifications of documents and information necessary forsuch control;
2) customs inspection (to the review and reexamination ofcommodities and transport vehicles, personal review ofcitizens);
3) accounts of commodities and transport vehicles thatmove through the custom border of Ukraine;
4) verbal questioning of citizens and public servants ofenterprises;
5) verifications of the system of accounting and account ofcommodities that move through the custom border ofUkraine, and also timeliness, authenticity, plenitude of extracharge and tax payment and collections that in accordancewith laws is celebrated at moving of commodities throughthe custom border of Ukraine;
6) review of territories and apartments of syllables oftemporal storage, custom licensed syllables, customclearzones, dutyfree and other places shops, wherecommodities and transport vehicles that is subject tocustom control are, or activity comes true, control after that is fixed oncustom authorities by a law;
7) in other forms envisaged by a customs legislation.
Depending on the form of custom control distinguish:
- verification of necessary for gaining end of such control ofdocuments on commodities and transport vehicles(documentary control). Documentary custom control comestrue by checking of documents for commodities andtransport vehicles. Documents are thus studied with the aimof establishment of their accordance to the setrequirements. As a rule, documentary control is preceded tothe trading and transport vehicles volume. Documents canbe divided into transport, trade, custom et al, that needed forcustom control, it is a trading and transport vehicles (actualcontrol) volume;
- it is a supervision of commodities and transport vehicles(actual control).
A supervision is an administrative measure, that consists inactual verification of commodities and transport vehicleswith the aim of establishment of legality of their movingthrough a custom border, warning of import of the forbidden objects, exposure of thesecret moving of commodities, decision of the name ofcommodities, their amount and price. Supervision has for anobject such tasks: establishment of legality of movingthrough the custom border of objects of custom control, anexposure of commodities and transport vehicles is withoutdocuments, exposures of commodities, that is forbidden foran import or export, and also commodities that move in thespecial order (cultural values), establishment of the tariffname of commodity, his price, amount and quality;
- the prereview of transport vehicles and other objects canbe conducted at presence of grounds to consider that thetransport vehicles commodities and other objects movedthrough a custom border contain contraband goods or areon the sly. A supervision and pre-review are conducted in the presence of representative of proprietor ofcommodities and transport vehicles.
A custom supervision can come true in such kinds:
- an identification supervision, that comes true in thesimplified order with the aim of establishment of actualaccordance of commodities of their description and amountthat is declared декларантом. The country of origin ofcommodities and other their internalss are also determined;
- a supervision with the list of freight seating capacitywithout their unsealing, with the selective unsealing orunsealing of all freight places;
- a supervision with measuring and decision ofdescriptions of commodities and taking of tests andstandards or without them;
- a supervision that is sent to the exposure of hiding-places and contraband goods.
Depending on organization of control after the mestome ofhis realization it is accepted to distinguish:
- control that comes true on arrival of commodities andtransport vehicles in custom authority;
- a sampling custom test that consists in application ofselective methods of verification. All not commodity ischecked up, but only his standards;
- continuous custom control with application of all hisforms that is envisaged by a customs legislation, except forthe cases of release from custom control.
In the same time a current legislation is set the bill of goods, that in the obligatory order subject to the customsupervision. To them belong…
A customs inspection and custom supervision have generalsigns to that it costs to take the aim of their realization establishment of legality of moving through the customborder of objects of custom control. An object iscommodities and transport vehicles. In the same time, if acustoms inspection comes true by a superficial reviewwithout violation of integrity of objects and theminternal device, then a supervision is conducted withopening of transport vehicles, container and packing, freightapartments, establishment of the name and quality withdetermining the amount.
Except above-mentioned forms control, is applied also accounting of commodities and transport ways.
Refers attention on commodities and transport ways which shift across custom border.
What are located on custom compositions, what are carried by custom transporting agents.
Such accounting is accomplished by the way of the transaction of different reestratsiinikh books and journals.
Attention to the oral poll of natural persons and the representatives of legal individuals is alloted by the official individuals of custom organs. Oral declaration in envisaged effective is accomplished.
By legislation cases at displacement across the custom border of personal things. Check accounting and accounting is conducted about commodities and transport ways. What are on custom compositions or free custom compositions. Practises the stock-taking of commodities and transport ways. What are preserved on custom composition.
Identification as form of custom control is accomplished by way plombuvannya, opechatuvannya, nanesennya digital and other marks, identifikatsiinikh marks, prostavlennyam cliches, by the taking of samples and examples, the description of commodities and transport ways, skladennyam plans, fotografuvannyam, by illustration, by use of forwarding and another documentation and by other ways identification.
By custom organs can be identifikovani: Transport ways, premises and other places of the state of commodities and transport ways.
What incur custom control, the places of fulfilment control, commodities and transport ways, What are under custom control.
At the conduct of custom control are applied various hardware Which facilitate quality and simplification the procedures of custom control. With a view of nedopushchennya Haulage across the custom border of drugs broadly vikoristovuiutsya dogs. In practical activity all kinds and the forms of custom control narrowly are backed.
To forms control also belong sposterigannya, check up, analysis, The elaboration of forecasts and other. It is so, observation behind the reaction of natural person on custom obstanovku or accomplished by custom organs action give opportunity to indicate inadequate reactions pidkontrolnikh and on them to indicate conceded disturbance.
To check up yield transport ways, such as, pasazhirski cars.
In effect resorts to indicate contraband. The analysis of the typical disturbances of custom rules Admits to increase the effectiveness of custom control and essential to pare time on his Conduct.
Special attention deserves doglyad and peredoglyad things. He is conducted also behind the availability of grounds to believe, What citizen peremishchue across the custom border of Ukraine things.
Which incur control according to effective legislation. These first of all commodities, Which are liable sanitary, veterinary, phytosanitary, To radiologichnomu and ecologic control.
With a view of the notice of displacement across the custom border of things, What according to effective legislation are forbidden to transit, doglyadu and peredoglyadu incur the thing of citizens. Them doglyad (peredoglyad) In the attendance of citizen or accredited it individual in the event of is conducted:
- If is grounds to believe that nesuprovojuvanii baggage comprises things, which endanger life and the health of people to, animals and plants, or can inflict damage to physical and legal individuals;
- If citizen of or it Representative not with' are displayed by the month extension from the day of the income of things in nesuprovojuvanii Baggage;
-At peresilanni things in international post combination;
-At dereliction on The territories of the Ukraine of things with disturbance zobov yazannya about their transit across the Ukraine territory.
Operations with commodities and other things,What are under the custom control of on demand custom organs, include load, rozvantazhennya, transshipment, the elimination of the injury of package, Package of or pereupakovku commodities and other things which incur custom legalization.
Owners of or them are accredited individuals must open premises, cubic content, and other places, In what can be commodities and things.
Body-guard zaznachiti, what load, vivantazhennya and transshipment,The correction of the damages of package, Her rozpechatuvannya package of and pereupakovka commodities and things, Concerning what custom legalization was not completed, And also variation of identifikatsiinikh marks or markuvannya, Inflicted on these things or their package, can be conducted only with assent custom-houses.
Are specified operations are conducted for account of physical and legal individuals, what peremishchuiut above-mentioned commodities and things across custom border.
Commodities and transport Ways are under custom control from the moment of it beginning and to end in accord with by asserted custom regime. In razi import on the custom territory of the Ukraine of commodities and Transport ways custom control is begun from the moment of crossing them custom The Ukraine border. In razi export for the limits of the custom territory of Ukraine custom control Is begun from the moment of commodities and transport ways for custom Legalization and their declaration in established order.
The durability of the abidance of commodities and transport ways under custom control on the territory The zone of custom control in lacuna article on the custom border of Ukraine is established According to technological plan lacuna across the custom border of individuals, Commodities and transport ways. Custom control ends: import export custom
- In razi import on custom. The territory of Ukraine - after fulfilment in the full compass of the custom legalization of commodities and Transport ways, what shift across the custom border of Ukraine;
- In razi export behind. The limits of the custom territory of Ukraine - after fulfilment in the full compass of custom legalization Commodities and transport ways and the crossing of them custom border of Ukraine,Excluding custom regimes which envisage abidance under custom control by extension All time the action of custom regime.
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