KIAP gained the victory in an extraordinary customs dispute

28.10.2020
KIAP gained the victory in an extraordinary customs dispute
Photo: © Shutterstock

The Russian Federation, represented by the Federal Customs Service, applied to one of the district courts of the city of Moscow with a claim to recover damages from an official of a lower customs authority by way of recourse.

As the basis for the stated claims, the plaintiff pointed to the adoption by this official of a decision that entailed losses for a participant of foreign economic activity, reimbursed at the expense of the treasury of the Russian Federation.

During the trial, it was possible to prove that there are no legal grounds for recovering damages by way of recourse from a customs official, moreover, the plaintiff missed the limitation period for judicial recourse with such claims.

By a court decision, the claims were completely dismissed. The Moscow City Court confirmed the legality of the adopted judicial act, leaving the appeal of the Federal Customs Service without satisfaction.

The interests of the defendant in this litigation were represented by KIAP Partner Alexey Sizov.


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Customs and International Trade

KIAP's Customs and international trade section offers a full range of legal services in the area of customs law, administrative and legal representation in disputes with customs authorities, and advice on the application of and compliance with the relevant legislation. The practice is headed by Partner and Attorney at law Alexey Sizov, personally recommended by the international legal directories Best Lawyers 2021 (in three areas: Customs and Excise Law, Litigation, Trade Law) and Who's Who Legal 2019 (Trade & Customs), as well as by Russian Pravo-300 (Foreign trade/Customs Law and Currency Regulation) and "Kommersant" (Customs and International trade), who has extensive experience in settling and litigating disputes with customs authorities and advising on various aspects of customs law and IMEX. Among the practice's clients are major Russian and international retailers and manufacturers.


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