WHY IS IT WORTH KNOWING THE CONTACTS OF A CUSTOMS LAWYER?
The procedures related to the declaration of goods that move across the border with the subsequent accrual of taxes, customs payments and fees require the declarant, customs broker, to have a high level of knowledge of issues in the field of customs and tax law.
Formal and minor mistakes made without malicious intent in the process of declaring or during customs clearance often lead to unreasonably large financial costs, loss of time, and sometimes to the loss of any commercial feasibility of a foreign economic operation.
The situation is aggravated by the fact that every year the number of customs payments charged when importing goods is growing, and the fiscal authorities are trying to actively replenish the state budget at the expense of foreign economic activity entities by additional charges during customs clearance, as well as through post-audits after the goods are released into free circulation.
EXPERIENCE
we have a successful long-term and considerable experience in complex litigation in disputes with customs authorities throughout Ukraine. Exceptionally high professionalism and the correct concept of protection have always been the keys to our success; (thesis: The right strategy and experience is the key to success in business (semper aut cum scuto – always with a shield)
finger on the pulse
the joint coordinated work of lawyers and customs brokers allows us to constantly “keep our finger on the pulse”. Regular analysis of new judicial practice and, accordingly, current legal positions in the field of customs law, contributes to the professional development of brokers, and the cooperation of the latter with lawyers allows lawyers to defend decisions that can be realistically and quickly implemented in a practical aspect
COST AND TIME PLANNING
having extensive experience in customs disputes, we can accurately determine for the client the upcoming costs and the time for which the legal process may be delayed, as well as give a forecast of the effectiveness of the chosen concept in the litigation;
CONFIDENTIALITY
you can be sure that confidential or commercial information that has become known to a lawyer in the process of providing legal services will not be disseminated to third parties.
HONEST PRICE
our prices for the provided legal services are objective, and are formed on the basis of real and rational labor costs of specialists with an individual approach to a particular task;
TRANSPARENT AND UNDERSTANDING PROCESSES
the algorithm of our interaction is structured in such a way that at an early stage of our relationship the current situation, the options for possible resolution and the budget becomes extremely clear to you.
Why VR-GROUP CUSTOMS LOGISTICS
Professionalism
We are experts in foreign economic activity and these are not just big words. Our employees’ experience reaches 20 years. We have created a team of professionals focused on a “comfortable” result for our client. Years of experience allows us to find a legal way out of the most difficult situations.
Leading strategy
We are one of the first companies for customs brokerage services, which began to process goods in the Import 40EA mode without arrival and payment for the customs terminal or the Import 40 AA mode right at the checkpoint, which also without payment for the terminal
Technical capabilities
Our representative offices in the regions will carry out customs clearance of the goods at the shortest possible distance from the place of unloading, which allows us to reduce logistics costs and shorten the time of cargo delivery.
Closeness to the client
We work around the clock, which allows customs clearance even on weekends, without cargo idle time at the terminal.
We lead the client by the hand 24/7/365, silent assistants, we hear and understand the basic need and what expected results our client should get from us here and now.
Operational superiority
We work on the principle of differentiation – combining impeccable service with operational excellence. Consequence – the time for customs clearance of cargo is minimized
They trust us
We do not abandon the client until all complex issues of deal are fully resolved
How to start working with us?
We accept your request
You leave a request on our website. Our specialist contacts you and invites you to a meeting.
PRE-TRIAL PRACTICE
Our customs broker works through the documents in detail and prepares a customs declaration.
Work with documents
You send us your package of documents for verification and preliminary calculation of the customs clearance of your cargo.
Signing a contract
We sign a contract for a complex of customs brokerage services and a confidentiality agreement.
Customs lawyer
Our customs lawyer will adapt your processes. We identify and eliminate bottlenecks in the logistics model.
We are by your side
You always have complete order and understanding of what is happening in your FEA.
SPECIFIC FEATURES OF THE CUSTOMS LAWYER OF VR GROUP CUSTOMS LOGISTICS
Option “A”
The problem has already occurred
HOW DO WE DO IT?
- Вы обращаетесь к нам в случае возникновения проблемы;
- We carry out a general preliminary legal analysis of the current situation;
- We advise you on the existing possible directions for solving the problem;
- We sign the Agreement for the provision of legal assistance;
- If necessary, we carry out an additional detailed legal analysis of the situation, collect the necessary information and develop the most effective, in our opinion, protection strategy;
- We bring up and agree with you the chosen strategy;
- If necessary, we formulate the final tasks by amending the contract and agree on the cost of services;
- We prepare the evidence base and submit procedural statements to the court;
- We represent the interests of the client in court proceedings in all instances;
- We provide you with direct assistance in the execution of a decision that has entered into legal force;
- In the event of an appeal against the decision, we prepare the relevant procedural documents and represent the client’s interests in the second instance;
Option “B”
Early prevention of a disputable situation
HOW DO WE DO IT?
- You decide on the necessary task related to crossing the customs border;
- We conclude an agreement for the provision of legal assistance;
- We collect the necessary information and agree with you the most acceptable concept aimed at achieving the set task, taking into account the optimal approach in terms of customs and tax payments and fees;
- We control compliance with the law when carrying out customs formalities;
Customs clearance according to method 6 or Article 55
When proving the customs value, the importer often encounters a problem when the customs asks the question, if you independently-voluntarily rise “this is the 6th method of interpreting the customs value”, then the rise will not be so significant. If you do not agree, then you will be taken to the maximum zone.
The disadvantage of registration using method 6 is, in fact, in a voluntary agreement with the customs value, to which you were led by a customs representative, for example, a customs inspector, and in return you deprive yourself of the right of tomorrow, return customs payments when you have experience or understanding of the matter.
Therefore, we refer to the “6th method” as a method when there is really a need for it or it is a payment for the experience gained for the importer.
Customs clearance under Article 55
When a subject of foreign economic activity, faced with the issue of defending his corporate interests, does not want to overpay to customs under a contract in which he is 100% sure of the value of imported goods, he should be patient and have financial reserve.
The importer went to prove the value of the imported goods, the customs, in turn, reserves money at the highest indicative rate, which leads to high conditional overpayments to the budget.
When registering under Article 55, the importer collects a package of documents and through the court begins to prove his customs value, but at the same time he can continue to import goods, and all the following deliveries are made out under Article 55. For customs, for competitors, this means that you are a fighter and do not agree. For you at this stage, this is a freezing of the free money supply of the business.
Practice shows a high degree of positive disputes on the return of your financial reserve during customs clearance of goods by direct refund of money to your account.
Is it worth fighting for the contract value when importing?
When is it not worth fighting for customs value?
It’s not always worth wasting your financial resources and time. For example, you know for sure that you will have one or a maximum of two deliveries of your products to the territory of Ukraine, and at the same time the amount of overpayments during customs clearance is significant, but conditionally does not exceed the costs that you will incur for a lawyer or spend your personal time immersing yourself in the materials according to your episode.
When is it worth fighting for customs value
It is definitely worth fighting for the contract value in conditions when you clearly understand that with this product you enter the Ukrainian market for a long time and, in particular, you will form a dealer network, and all overpayments will always fall on the shoulders of the final consumer of your products, because the importer, in fact, always acts as a guarantor of economic activity before the state.
go through customs clearance under Article 55
The advantage of customs clearance under Article 55 of the Customs Code will always be the opportunity for the importer to prove the contract value and the formation of the company’s image.
The disadvantage will always be worries and troubles with litigation and the withdrawal of funds from the company’s turnover.
6th method of determining the customs value: pros and cons
Going through customs clearance procedures according to the “6th method” and having or forming a history of declaring your cargo traffic, you set a certain dynamics for your company in the eyes of customs, and no matter how many import operations you have today – 1 or 40 per month, the whole difference is in the approach to the solution of emerging situations.
- The advantage is finding a middle ground between the overpayment proposal and your initial data.
- The disadvantage will remain the fact that you will never return this money, and that you can always find a middle ground with you that will be convenient for the parties.
FREQUENT QUESTIONS to a customs attorney or lawyer
Where can I appeal the decision, actions or omissions of customs authorities and their officials?
Answer: A complaint about a decision, action or omission:
– an official or other employee of the customs body (including the deputy head) is submitted to the head of this body, organization;
– the head of the customs post is submitted to the customs, the structural division of which is this customs post;
– the head of customs, specialized customs authority, customs organization is submitted to the central executive authority that implements the state customs policy.
Decisions, actions or omission of the customs authorities or their officials can be appealed directly to the court in the manner prescribed by law. If the decision is simultaneously appealed to the body (official) of the highest level and to the court, and the court opens proceedings on the case, the consideration of the complaint by the body (official) of the highest level is terminated.
Is it possible today to recover from customs losses incurred as a result of unlawful actions of officials of the SFS customs office for the forced storage of goods and idle vehicles?
Answer:According to the legal position of the Grand Chamber of the Supreme Court, set out in the ruling of 12.03.2019 in case №920/715/17, the issue of the existence of tort obligations and civil liability for harm caused by the parties is in the plane of civil relations between the victim and the state, and the economic court independently establishes the presence or absence of corpus delicti, which became the basis for recovering damage, evaluating the evidence provided by the parties. Actions (omission) of public authorities, as a result of which damage is the main subject of proof, since the absence of such an element of tort indicates the absence of other components of this legal structure and the absence of harm itself as a legal fact, as a result of which civil rights and obligations arise (Art. 11 SCU). A similar legal position is set out in the decision of the Supreme Court in the panel of judges of the Commercial Court of Cassation of August 1, 2019 in the case № 922/1899/16 (USRCD № 83567226)
Based on the above, it should be noted that it is possible to compensate for losses caused by the customs authority. A prerequisite in this case will be the recognition as illegal and the cancellation of the order on violation of customs rules – in administrative proceedings. Having received a positive decision in the administrative case, it is necessary to apply to the economic court with a corresponding claim to the SFS and the State Treasury to recover damages caused as a result of illegal actions of the customs authorities.
What mainly affects the amount of customs duties and tax liabilities when importing goods?
Answer: The main basis for calculating customs payments and tax liabilities when importing goods is the customs value of goods transported across the customs border of Ukraine. Customs value is the value of goods used for customs purposes based on the price actually paid or payable for those goods. It should also be noted about the impact on the amount of fees – the correctness of the classification and codification of goods.
How is the customs value established and why is the “lion's” share of litigation related to this issue?
Answer: The customs value of goods imported into the customs territory of Ukraine in accordance with the customs import regime is regulated by the ninth chapter of the Customs Code. Thus, the specified normative act provides for the main method of determining the value – at the price of an agreement (contract) in relation to goods imported (transaction cost) and several minor ones, such as: at the price of an agreement for identical goods; at the price of a contract for similar goods; on a cost deduction basis; on a value-added (quantified) and reserve basis.
The legislator directly indicates the priority method for determining the customs value, highlighting it in the “main”, that is, according to which the base is the price specified in the foreign economic contract. At the same time, customs actively use the internal Central Database of Price Information, in fact, illegally resorting to a secondary method of determining the value – at the price of similar goods imported into the country within the previous 90 days. As a result, this approach leads to a significant increase in customs duties and tax liabilities, which in turn gives rise to a large number of litigation.
What are the consequences of incorrect indication or change of the product code according to UKTZED?
Answer:Deliberate or erroneous entry into the declaration of information about an inappropriate product code according to the UKTZED may have a variety of negative consequences for the declarant. These consequences include: a change in rates for customs and tax payments, deprivation of the possibility of obtaining certain preferences (for example, obtaining an installment plan for payment of VAT), initiation by the customs authorities of certification of an economic entity, the need to obtain additional permissive documents, passing additional forms of control well and finally, the imposition of huge fines.
For example:
Article 485 of the Customs Code provides for a fine of 300% of unreceived customs payments and confiscation of all goods.
Article 472 of the Customs Code provides for the confiscation of goods and a fine equal to the value of the confiscated goods.
What other services in the legal field can we cooperate with?
Below is a far from complete list of legal services provided by lawyers in cooperation with VR GROUP:
– written and oral consultations in tax and customs law;
– analysis and preparation of conclusions regarding the documents necessary for crossing goods across the customs border (foreign economic agreements (contracts), declarations, invoices, bills of lading and other);
– development of a legal concept in order to optimize costs in the process of foreign economic activity;
– development and drafting of projects of foreign economic contracts;
– identification of tax and customs risks during the export and import of goods;
– legal analysis in relation to the legality of actions and decreed acts by the bodies and officials of the State Fiscal Service and the State Customs Service;
– appeal against illegal actions and requirements of customs authorities for payment of customs duties;
– appeal against decisions made by customs authorities regarding the calculation of the customs value of goods;
– appeal against decisions made by customs authorities in relation to changes in the classification of goods for foreign economic activity;
– disputes based on the results of a customs inspection;
– disputes regarding the application of mechanisms of tariff and non-tariff regulation of foreign economic activity;
– disputes in relation to the calculation and refund of overpaid customs payments;
– representation of the client’s interests in national litigation carried out by the courts of all jurisdictions.
– recovery of losses from the customs service as a result of illegal actions.
PRICE AND QUALITY
incomparably low cost of costs associated with attracting lawyers for the preparation of documents and further representation of the client's interests and financial losses that may be associated with possible unreasonably high taxes, customs duties, fines, and often confiscation of goods;
CONTROL AND PREPAREDNESS FOR SITUATIONS
predictability of actions and consequences in the current "contingency" situation during customs clearance of goods - in the case of the participation of a professional lawyer, it confronts an often "unclear" situation regarding costs and the fate of the goods in general - in the case of self-declaration;
CREATING A POSITIVE BUSINESS DYNAMICS
the formation of a positive business reputation of the company, which generally affects foreign economic activity in relations with business counterparties. Thus, the confidence of business partners that the company will deliver the goods on time and at predictable prices will significantly highlight the latter in a positive direction among competitors.
FIGHTING AND DEFENDING YOUR INTERESTS
Defending your corporate interests, you let everyone know that your opinion should be taken into account, and it will not be the way someone else thinks. We are and will be your reliable partner and shoulder in this struggle to the expected result.
Feedback from our partners
«OTP Leasing» – universal leasing company
General director «OTP Leasing»
Pavlushin A. V.
«OTP Leasing» expresses its sincere gratitude to the staff of the "VR-GROUP" company for many years of fruitful cooperation, attentive attitude and assistance in resolving issues of customs brokerage clearance of goods.
UA: Pershyi
General Director of NTCU
Zurab Alasania
For high professionalism in resolving customs clearance issues, which contributed to the rapid receipt by the National Television Company of Ukraine from the European Broadcasting Union of unique equipment for the hybrid network "Funa" - we express our sincere gratitude to the team of the "VR-GROUP" company
EUROFORMAT – group of companies for residential and commercial construction.
Deputy director for logistics «PLANT EUROFORMAT»
Boyko Igor
«EUROFORMAT PLANT» has been conducting foreign economic activity for over 5 years. During this period of time, we have cooperated with many brokerage firms and already have an idea of how services in the field of customs clearance should be provided.
Six months ago, we started working with the firm "VR-GROUP" and later forgot about many problems associated with customs clearance.
Brokerage services are to some extent very individual, and «VR-GROUP» always manages to find an individual approach to each client and provide high-quality services.
RESEARCH AND PRODUCTION COMPANY "FARENHEIT"
Director
Proskura A. V.
And now – without officialdom © The guys are just great
It is pleasant to resolve work issues with a professional team, which, while maintaining a work ethic, at the same time has a business «friendly conversation» with the client. Such an atmosphere has a positive effect on the work process and the overall result. For the «warm and relaxed», but at the same time business «climate» in the team – special thanks to the company's management.
During this short period, we felt that «VR-GROUP» is not only a reliable partner and high-level customs brokerage specialists who know their business, but also wonderful people.
«Dinternal Education» English for everyone! Oxford representative in Ukraine
General director
Harty Sean Patrick
The «Dinternal Education» company - the largest importer of educational and fiction literature in Ukraine, which faced the task of replacing the logistics company in an extremely short time, decided to start cooperation with the company «VR-GROUP».
Starting from the first day of cooperation, the «VR-GROUP» company has shown itself to be a reliable partner in customs logistics, which you can rely on in solving any difficult situations of customs clearance of goods
"TRADING HOUSE" CARPATHIAN MINERAL WATERS" - producer of mineral water
General director
Nevestiuk Nikita
The company "TH" KMW" LLC expresses its gratitude to VR-GROUP" LLC and its employees for their cooperation and high level of service.
A client-oriented approach, an understanding of our not simple needs and tasks, an integrated approach to customs clearance of used equipment of the SIDEL filling line for our production needs, made it possible to judge your high professionalism in the provision of a complex of customs broker services and transportation.
«DANON UKRAINE» - Ukrainian representative office of a French company
Head of the group of FEA «Danone Ukraine»
Bezsheiko Evgeniy
For many years of doing business in Ukraine, Danone LLC had the opportunity to cooperate with many companies providing customs brokerage services.
However, in one year of work with "VR-GROUP" LLC we were pleasantly impressed by the qualifications of its personnel and a comprehensive approach to the study and solution of the assigned tasks.
"VINFORT" LLC import and trade in quality alcoholic beverages.
Director
Sayfudinov D.I.
With this letter, the "VINFORT" company expresses its deep gratitude to the team of "VR-GROUP" customs brokers, who showed high professionalism and proper performance of their duties, as well as excellent human qualities at all stages of the implementation of foreign economic operations, in the process of customs clearance of the cargo "beet molasses", in the "export" mode, at the Poltava customs in the period June-September 2012.
Looking forward to further mutually beneficial cooperation.
"TEXTILE-CONTACT" is the largest online store of fabrics in Ukraine
Director
Dmitrenko Alexander
"TEXTIL-CONTACT" LLC expresses deep respect and sincere gratitude
"VR-GROUP" LLC for the professionalism and high-quality services provided in the field of customs brokerage, namely in the project preparation of documents and defending the interests of the company.
Despite the large volume of the batch of used equipment, customs clearance was carried out in the shortest possible time.
We express our confidence in maintaining the established friendly relations.
SEF "EKOTEKHNIKA-M" is a leading Ukrainian company specializing in the production of groceries and confectionery.
Director
Proskura S.M.
We highly appreciate the professionalism of the staff of LLC "VR-GROUP" for the promptness in decision-making, for well-coordinated work and for the ability to quickly respond to all our requests.
SEF "Ecotekhnika-M" considers the "VR-GROUP" company as a reliable and stable partner in organizing and carrying out customs clearance of goods, as well as other brokerage services.
We can confidently recommend LLC "VR-GROUP" as a leading company in the market of customs brokerage services, which is distinguished by its high professionalism and authority. Working with the "VR-GROUP" company, you can always be sure of achieving the desired result!
"DEPS UKRAINE" - promotes modern technological solutions on the market
Head of Logistics Department
Marchenko M.Y.
During the work with "VR-GROUP" LLC, its employees have established themselves as qualified customs brokers who are well versed in the issues of customs clearance of goods in Kyiv, Odessa, confidently possessing the skills of assigning the correct item code.
The ability to quickly resolve emerging issues can significantly save material, labor and human resources. It is impossible not to note the flexibility of work and the friendly attitude towards the customer. Optimization of the clearance process made it possible to process incoming goods extremely quickly, and, taking into account real prices for services, to achieve a significant economic effect.
We wish the company's team to continue to work as quickly and efficiently.
MAGO UKRAINE is one of the chains of the Polish group of company MAGO S.A., which is one of the leading European manufacturers of equipment for shops and warehouses.
General director
Poznyak Sergey
"MAGO UKRAINE" expresses its sincere gratitude to the management and staff of "VR-GROUP" LLC for providing high-quality and timely customs brokerage services for customs clearance of equipment.
During many years of fruitful cooperation with "VR-GROUP" LLC, customs brokers and specialists of this company have established themselves as a team of high-level professionals, with such qualities as decency, reliability, as well as a caring attitude to their work. It's always a pleasure to communicate with this team.
We wish you successful development, economic stability, confidence in your abilities!
FINNISH BUILDING MATERIALS LLC is a premium-class product that breaks the traditional notions of such a roofing material as bituminous shingles.
Director, A.O. Prymachenko
Finnish Construction Materials LLC has been using the services of VR-GROUP LLC for customs clearance of products since 2013. During our cooperation, the specialists of VR-GROUP LLC demonstrated awareness of their work, responsibility, efficiency in work, the best professional qualities.
Ritena Ukraine LLC is a group of professionals united by a common idea and has extensive experience in the production of gates.
Founder, Klangauskas Audrus
Director, Hrapchun Lyudmila
On behalf of the management and the entire staff of RITERNA-UA LLC, we express our sincere gratitude to the staff of VR-GROUP LLC for many years of work in providing customs brokerage services.
Throughout the period of cooperation, you have demonstrated a high level of professionalism, promptly responded to emergency situations.
Your organization has established itself as a reliable partner, able to qualitatively fulfill the obligations of cargo and customs declaration of goods.
We look forward to further fruitful cooperation.
European Business Association
Executive Director of the European Business Association
Anna Derevyanko
By this letter, the European Business Association confirms that VR-GROUP LLC is a member of the European Business Association from 27-01-2020. Membership for 2020 has been extended.
VR-GROUP CUSTOMS LOGISTICS
The VR-GROUP company was founded in 2010, we provide services in the field of customs logistics, namely: customs brokerage services, audit services for foreign economic activity, customs clearance of cars and special equipment, customs clearance of complex and non-standard cargo equipment.
Read moreMission
We declare responsibility!
Goal
Constant, continuous improvement in accordance with the requirements of time.
Stability provided by us on a long-term contractual relationship.
Principles
- Rapidity
- Responsibility
- Reliability
- Honesty
- Confidentiality
Our team
ROMAN KALNIBOLOTSKY
CO-FOUNDER, EXECUTIVE DIRECTOR
We are responsible for what we do.
VLADIMIR SEREDA
CO-FOUNDER, OPERATING DIRECTOR
There are no unresolved issues.
ARTHUR LITVINCHUK
CHIEF ACCOUNTANT
Arthur says: "Nothing is lost as often in life as invoices for service payments."
DANIIL GULEVATY
OFFICE MANAGER
Daniil will ensure that all tasks are completed on time.
IVANNA RYBKINA
CUSTOMER CARE MANAGER
We always improve the quality of the built processes.
IGOR BOYKO
HEAD OF FEA
Everything will be cool.
TATIANA VYSOKOMORNAYA
CUSTOMS AGENT
If you need to find out the answers to the questions What? Where? When? - call Anatolievna
OLEG SERAFIN
CUSTOMS AGENT
Oleg knows how to prevent financial overpayments at customs.
EDUARD PORTYANKIN
CUSTOMS AGENT
Ed knows how to quickly and efficiently lead you by the hand at the first experience of foreign economic activity
DMITRY GLUSHANITSA
USA AUTO SELECTION MANAGER
Despite his age, Dmitry picks up the best lots from American auctions.
SLAVA FAYCHUK
AMERICAN REPRESENTATIVE OFFICE
Our American team will do their best to make you happy.
DENIS GOLODOV
CUSTOMER CARE
Selection of spare parts and car repairs after US auctions
Середа Владимир
OPERATING DIRECTOR
Still have questions?
We will gladly answer any question you may have. Just contact us.
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