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Informing and consultation

Section I General provisions

Chapter 4. Informing and consultation

Article 50. Reception of the information on the reasons of the made decision, perfect action (inactivity)

1. The person in which relation customs body or its official the decision is accepted or is made action, and also the person in which relation the decision is not accepted or action subject to fulfilment is not made during a target date, has the right to make an inquiry in this customs body about the reasons and about the bases of the made decision or perfect action or about the reasons of nonacceptance of the decision or несовершения actions if it mentions the rights and legitimate interests of the specified persons directly and individually.

2. The inquiry should be submitted within six months from the date of decision-making, fulfilment of action (inactivity) or the expiry of the term of their acceptance or fulfilment or from the date of when the person knew about the accepted decision or perfect action (inactivity).

3. The interested person can make an inquiry about granting of the necessary information as in oral, and in writing. The oral inquiry is subject to consideration by customs body in day of reception of the specified inquiry. At giving of the letter of inquiry the answer should be given in writing within 10 days from the date of reception of the specified inquiry.

Article 51. Informing on certificates of the customs legislation of the Customs union, the legislation of the Russian Federation on customs business and on other legal certificates of the Russian Federation in the field of customs business 1. The federal enforcement authority authorised in the field of customs business, and other

customs bodies provide free free access, including with use of information technology, to the information on operating certificates of the customs legislation of the Customs union, the legislation of the Russian Federation on customs business and on other legal certificates of the Russian Federation in the field of customs business.

2. Customs bodies provide access to the information on prepared certificates of the legislation of the Russian Federation on customs business and other legal certificates of

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the Russian Federation in the field of customs business, and also about not come into force changes in certificates of the customs legislation of the Customs union, the legislation of the Russian Federation on customs business and other legal certificates of the Russian Federation in the field of customs business, except for cases when the prior notification of prepared certificates will interfere with carrying out of customs control or to promote decrease in its efficiency.

3. The federal enforcement authority authorised in the field of customs business, provides publication in the official publications of the legal certificates accepted by it, and also certificates of the customs legislation of the Customs union, the legislation of the Russian Federation on customs business and other legal certificates of the Russian Federation in the field of customs business.

Article 52. Consultation concerning customs business and to other questions entering into the competence of customs bodies

1. Customs bodies advise interested persons concerning the customs business, entering into the competence of these bodies. The chief of customs body (the person, its replacing) defines officials of customs body, representatives on carrying out of consultations.

2. Consultation by customs bodies is carried out in oral and written forms free of charge.

Under the letter of inquiry of the interested person the customs body is obliged to give the information in writing in probably short terms, but not later than one month from the date of reception of the specified inquiry.

3. The information given to interested persons at carrying out of consultation, is not the basis for decision-making or fulfilment (несовершения) actions by customs bodies at realisation of customs operations concerning the goods and (or) vehicles.

4. If the required information has been given out of time or in a doubtful kind that has led to losses of the person who have addressed for consultation, indemnification is carried out according to the legislation of the Russian Federation.

5. Customs bodies do not bear the liability for damages, caused owing to distortion of texts of the certificates specified regarding 3 articles 51 of the present Federal law, published without their permission and control, is equal as for the losses caused owing to not qualified consultations, rendered by persons, not representatives on their carrying out.

부록 Ⅲ. 러시아의 통관/관세법 101

6. The order of the organisation of informing and consultation by customs bodies is defined by the federal enforcement authority authorised in the field of customs business.

Article 53. Participation in formation and realisation of a state policy in the field of customs business of the noncommercial organisations, the uniting persons who are carrying out activity, connected with import of the goods to the Russian Federation and their export from the Russian Federation, and also the persons who are carrying out activity in sphere of customs business 1. The federal enforcement authority authorised in the field of customs business, with a

view of the coordination of socially significant interests of the persons who are carrying out activity, connected with import of the goods to the Russian Federation and their export from the Russian Federation, and also the persons who are carrying out activity in sphere of customs business, involves the noncommercial organisations uniting of such persons, in participation in formation and realisation of a state policy in the field of customs business.

2. Participation in formation and realisation of a state policy in the field of customs business of the noncommercial organisations, the uniting persons who are carrying out activity, connected with import of the goods to the Russian Federation and their export from the Russian Federation, and (or) the persons who are carrying out activity in sphere of customs business, can be carried out in following forms:

1) participation in working out of projects of standard legal certificates of the Russian Federation in the field of customs business, certificates of the customs legislation of the Customs union;

2) participation in the analysis of financial, economic, social and other indicators of development of foreign trade activities, including in separate branches of economy, in territories of subjects of the Russian Federation;

3) participation in an estimation of efficiency of application of measures of customs administration;

4) preparation for public authorities of the Russian Federation of offers on perfection of customs business;

5) others provided by the present Federal law, other federal laws and other standard

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legal certificates of the Russian Federation accepted according to them of the form of such participation.

3. By working out of projects of standard legal certificates of the federal enforcement authority authorised in the field of customs business, establishing an order and technologies of fulfilment of the customs operations connected with import of the goods to the Russian Federation and export of the goods from the Russian Federation, their declaring and the release, defining conditions of activity of the authorised economic operators and other persons who are carrying out activity in sphere of customs business, carries out consultations with defined by the Government of the Russian Federation the all-Russian noncommercial organisations, uniting the persons who are carrying out activity, connected with import of the goods to the Russian Federation and their export from the Russian Federation, and also the persons who are carrying out activity in sphere of customs business. The order of carrying out of the specified consultations is established by the federal enforcement authority authorised in the field of customs business, in coordination with these organisations.