Unjustified right to reasonable time…
Our head and esteemed lawyer Sigal Oleksiiy Leonidovych often tries to aid different small and mid-sized business companies in Ukraine who are facing terrible lawlessness in different government authority institutions of our European country.
This time a small private company was in desperate need of assistance. It was illegitimately deprived of its constitutional and legal rights to freely perform entrepreneurship activities as a result of terrible passivity from the side of Kyiv municipal customs office of fiscal service of Ukraine.
A private company has concluded an external economic agreement with a foreign enterprise for purchasing non-military protective helmets under the order from MIA of Ukraine. During cargo transportation, the company provided all necessary documents for customs processing of these goods type.
According to the law, all customs processing should be completed in four working hours. During the goods examination, no violations were detected, but the clearance process was suspended. What could have happened then?
Only when 48 (!) hours passed, Ukrainian customs office of State fiscal service of Ukraine, have decided to perform samples collection in order to perform an expert investigation, duration of which also violated all terms, foreseen by the Law. By the way, the expert investigation confirmed that all cargo documents complied with the samples provided. Among other things, according to Customs Code of Ukraine, decision about goods rejection is adopted during the defined term and non-acceptance of such decision is specified as inactivity by the Law!
It should take four hours (the Law says), but it took as much as two (!!!) years, and only after Mr. Sigal joined this case, justice was served and the goods transported to Ukraine finally received customs clearance.
In this case we are not speaking about obstructions caused during goods customs processing in Ukraine. We are not speaking about legislation violations. Here we are speaking about absolute inactivity of a government authority called Kyiv regional customs office of fiscal service of Ukraine…