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Violation of temporary import of cars into the Russian Federation. Violation of the period of temporary import of goods Administrative liability for temporary import of a vehicle by the wife

Until recently, delaying the temporary import of a car could be absolutely painless for the car owner. Payment of a small fine is all the required punishment. This issue was resolved at any convenient customs checkpoint that had the appropriate competence. From January 1, 2015, stricter rules will come into effect to reduce the flow of temporarily imported vehicles, which will make it easier to identify offenders among their owners. Violation of the temporary import of a car will be fraught with a large fine (up to 300 thousand rubles), confiscation of the car, or the obligation to fully pay customs duties and recycling fees. The Customs Code of the Customs Union requires that you contact the customs authority within 15 days after the end of the period specified in the PCD (Passenger Customs Declaration). If due to reasons beyond your control it is impossible to contact the customs authority, you must provide the relevant information to customs officers. Otherwise, absence within the specified period will be regarded as a delay in temporary import. Punishment is imposed individually, depending on the specific situation. The most unpleasant thing that can happen is the confiscation of the vehicle.

Fine for overdue temporary import in 2015 will range from 60,000 to 300,000 rubles. In addition to paying a hefty fine for overdue temporary importation, you will have to face great difficulties in extending the deadline. To the point where you will need to leave the territory of the Customs Union (and from January 1, 2015, the EAEU) and enter again. Moreover, the maximum period of temporary import is only 3 months. Documents are considered very scrupulously and meticulously. For any, even the most minor offense (for example, an unpaid fine for violating traffic rules or violating the visa regime), temporary import of a car may be denied. The slightest mistake in the documents or an incorrectly filled out application can also result in a refusal of temporary import.

FOR LATE TEMPORARY IMPORTATION IN 2015, CONFISCATION OF A VEHICLE WAS INTRODUCED..

REFUSAL TO RENEW TIME FOR VIOLATION OF TRAFFIC RULES.

WHERE TO ORDER TEMPORARY IMPORTATION?

Expired temporary import of a car? Until the end of 2014, those who have overdue the temporary import of a car have the opportunity to resolve the issue, as they say, “with little loss of life.” It is necessary now to turn to intermediaries who have experience and competence in such matters related to customs clearance. Our center’s experts will provide assistance even in the most seemingly hopeless situation. There are cases when the temporary import of a car is overdue for more than a year. Owners of such cars must pay huge fines or lose their car. Our specialists will undertake to resolve even the most serious violation of temporary import deadlines. Contacting our center will help you avoid an insoluble situation and get away with it. Everything is official, quickly, with minimal financial costs. More than 10 years of experience in solving customs difficulties. Temporary import expired? Call and order the service!

According to Article 16.18 of the Code of Administrative Offenses of the Russian Federation, failure to export temporarily imported vehicles into the territory of the Russian Federation and failure to re-import temporarily exported vehicles involves administrative punishment. Moreover, the fine can reach 300 thousand rubles and more. Surely, there will definitely not be anyone willing to part with such a sum. But sometimes situations develop in such a way that it is impossible to comply with the deadlines prescribed by law.

That is why many vehicle owners are interested in what will happen if they do not take the car out of Russia or bring it back. Let's figure it out step by step with the help of our lawyer for administrative cases in the direction, follow the link for more details.

ATTENTION: our customs lawyer will help you in case of violation of the temporary import of cars into Russia: professionally, on favorable terms and on time. Call!

Features of import and export of vehicles

Foreigners entering Russia with their own transport can use it duty-free for one year. If a Russian purchased a car abroad, he is allowed to drive it for only six months. This is considered temporary importation of goods. After this period, the transport must either be cleared through customs or exported outside the country. By the way, if a Russian leaves the state by car, then he must return by car. This clause is provided for in the obligation to re-import goods. Failure to comply is also punishable by an administrative fine. In addition, your vehicle may be confiscated and sent to a parking lot.

Violation of temporary import deadlines

Is it possible to extend the period of import and export of transport? Violation of the terms of temporary import and export of a car sometimes happens through no fault of the owner. For example, this may be the case if, at the time when it is necessary to cross the border, the car breaks down, has an accident, or simply burns out. As a rule, car owners, due to ignorance of the laws, simply go with the flow in the hope that the situation will resolve itself. But you shouldn't do this. It is better to write a statement addressed to the head of the customs office where you filled out the passenger customs declaration, and attach documents confirming the fact that the vehicle faulty or burnt out.

By the way, according to the law, you can contact the customs authority within 15 days after the temporary import of a car or its export has expired. However, there is no need to delay. It is better to settle all formalities in advance. If you were unable to do this on your own or the violation of the terms of temporary import and export is quite significant, then enlist the support of a professional. Our lawyer specializes in such cases and can help resolve any problem at minimal cost to you.

Attention: watch videos on the topic of customs disputes, and also subscribe to our YouTube channel so as not to miss useful information and the opportunity to consult a lawyer for free.

In the 90s, driving a car from Europe was commonplace. With changes in customs legislation, this tradition lost its former popularity. The whole point is high customs duties on cars, which are comparable to its total cost. In this way, the state supports the domestic automaker and attracts investment into the country.

Foreign cars are still imported into Russia, but often temporarily. This method allows you to save on customs duties. However, the period of such import is limited by law. But first things first. After reading our article, you will learn about all the cars and the amount of payment for it. We will also tell you how to register this at customs.

Regulatory regulation

Before driving a car to Russia, you need to familiarize yourself with the content of the following legal acts:

  • Customs Code of the Eurasian Union, which unites several countries - Russia, Belarus, Kazakhstan, Armenia and Kyrgyzstan. Article 264 of this document precisely establishes the rules for the temporary import of vehicles into the territory of the Union.
  • decision of the Customs Union Commission of 2010 with subsequent amendments and additions on customs operations with temporarily imported items for personal use.
  • will be useful and Instructions for filling out a customs declaration. It was also approved by the Commission of the Customs Union. Its text tells in detail, for each column of the declaration, what and how to write. With its help you can easily fill out customs documents.
  • customs classifiers. Of these, you will definitely need (to find the code for cars) and a classifier by country of the world (to correctly indicate the country from which the car was brought).
  • Code of Administrative Offenses of the Russian Federation. It establishes liability for violation of customs rules. If you don't violate anything, you won't need to look into it.

Rules and terms

What is temporary import? Customs regime, which applies if the cargo is brought into the country for a certain period of time. During this period, the item has the status of a foreign product.

And you can use it with certain restrictions and under customs control. Yes and.

Who can implement

Cars are temporarily allowed to be imported into Russia. The following can bring a car from abroad for personal use (not for business):

  • citizens of Russia or Union member countries;
  • Foreign citizens;
  • foreigners who apply for residence rights in Russia or refugee (settled) status.

For diplomats and consuls of other countries, staff of their missions and members of their families, the period of temporary import of a personal car coincides with the period of their legal stay in the country (period of privileges). As long as a diplomat works in Russia, he will drive his own car.

Importing a car temporarily will cost much less, because you won’t have to pay a hefty fee to transfer the car to the status of a Russian product. But to obtain temporary importation, you will have to provide a security amount of money, which will cover, if necessary, the obligation to pay customs duties and taxes.

Making a payment

The conditions for making a security deposit are as follows:

  • Russian citizens or foreigners registering their status in Russia always pay a deposit when importing a car from abroad.
  • foreign citizens pay security if they are bringing their second car. That is, for one imported car there is no need to leave it behind. An important nuance: cars must be of the same type. If a person brought a passenger car, he will have to pay a security amount for the second car. But you don’t need to pay anything for a motorcycle or truck brought after a passenger car.

The most important thing: only the declarant himself (the one who filed the declaration and placed the car under this regime) can use such temporarily imported vehicles in Russia.

Transfer of transport

What if you need to give it to someone else? The rules are as follows:

  • Without customs permission, you can transfer such a car to a repair shop or for storage.
  • citizens of the countries of the Union without permission can give the car for use to their relatives (wife, children), and foreigners - to their compatriots who are in Russia. Employees of consulates and diplomatic missions have the right to transfer cars to their colleagues.
  • To transfer a car from a foreigner to a Russian citizen, permission will already be required. It is also issued for the export of a car from Russia if the declarant is unable to do this himself (died or seriously ill).
  • in all other cases, you will have to first clear the car through customs (release it for free circulation), paying all duties and taxes, and then give it to someone.

How to obtain temporary import of a car to Russia

First you need to prepare all the legal and technical papers.

Documentation

To obtain temporary import you must have on hand:

  • own passport (for both Russian citizens and foreigners);
  • car passport (technical ticket or similar paper);
  • a contract for the purchase of a car or another document confirming the rights to it (inheritance document, power of attorney, etc.);
  • documents confirming the deposit (this is a receipt and a guarantee certificate)

Statement

This is a declaration of form TD-6. It is served the moment the border is crossed. There are two options:

  • the person drives the car himself (then this declaration states that the car is luggage accompanied by the owner);
  • the car is transported by other transport (accordingly, this is unaccompanied baggage).

It contains all the details of the car (VIN number, make, model, etc.).

Deposit amount

It is equal to the sum of all payments that would need to be made for its complete customs clearance (). You should prepare for the fact that the amount received will be quite impressive. And it’s better to add it before importing the car.

The security, like the duties themselves, is paid by bank transfer, so the payment may not go through instantly, and then you will be stuck with the car at the border. You will also pay fees for temporary storage.

If you did not violate the rules of using the car, the deposit can be returned.

Stages

How to proceed:

  1. Select and bring a car. Don't forget to check the documents for it. If customs officers suspect that the documents are executed incorrectly or are completely false, there will be serious trouble. Even if the buyer didn't know about it.
  2. Calculate and make a deposit.
  3. When crossing the border, you must fill out the TD-6 form and attach documents to the car, give them to customs officers.
  4. Then submit the TD-7 declaration with the policy and all other documents to obtain a certificate for the temporary import of the car. You can’t travel across the vast expanses of the country without it.

Extension of BB

It is important not to delay the issued documents. Otherwise it will turn into trouble.

The total duration of the temporary residence permit cannot be more than a year. After its expiration, either release the car into free circulation (that is, give the car the status of a Russian product by paying all duties) or take it out of the country.

To extend it, you must contact customs in advance (before the import period expires). You need to submit an application there (there is no special form for it) and a declaration, as well as all documents for the car, including the import certificate. In the declaration, the customs officer will make a note about the extension of the regime.

Overdue

If you did not take care of prolonging the procedure in time, negative consequences are possible.

What to do

  • Depends on your future plans for the car: if you plan to travel from Russia, you need to declare the export.
  • If there is intention to continue to use it in Russia, needs to be extended. This is possible if the pass is no more than a year. True, you will have to pay fines.

Penalty for violation

In fact, it is not the fine itself that is scary (it ranges from 1,500 to 2,500 rubles), but its alternative – confiscation of the car.

It is used less frequently; the violation must be very serious (for example, the extension of the regime has not been formalized for a long time). Only the court can put an end to this issue. But during the proceedings, you will not be able to use the car or leave the country with it. The customs officers will impose a penalty on him.

Violation of the terms of temporary import is also fraught with loss of the deposit. The amount is quite large. For this reason, it is better to adhere to deadlines.

Temporary import is convenient, first of all, for foreigners. You don’t need to buy your own transport in Russia; you can drive your usual car. The registration process itself is not easy. It’s not a matter of documents, you can deal with them, and everyone can fulfill the requirements of the law. But at customs, importing cars from abroad is always viewed with suspicion.

The theft statistics alone are worth it. Therefore, processing documents for temporary import may take a long time or even reach a dead end if the documents or the car itself seem suspicious to customs officers. Have you decided to do it yet? Then carefully check all the papers and the car itself.

This video will tell you about temporary importation:

For violating the temporary import period, a minor fine of 1,500 to 2,500 rubles has been established. under Article 16.18 of the Code of Administrative Offenses of the Russian Federation. At the discretion of the customs officer who will consider the case, a decision may be made to send the case to court for a decision on confiscation of the car. Such a sanction is also provided for in Article 16.18, but if the judge sees that the offense was not committed with the intent to leave the car in Russia or sell it to someone, he will rather decide on a simple fine. Another thing that threatens you is that, in accordance with the Customs Code of the Customs Union, in case of such a violation, an obligation arises to pay customs duties in full, as if the car was produced for domestic consumption. Now you have two options: - ride until a traffic cop literate in customs legislation or a traffic cop acting in tandem with a customs officer hands over your documents to customs for prosecution under Article 16.18 of the Code of Administrative Offenses of the Russian Federation. And the longer the period of delay, the greater the likelihood of confiscation. Although traffic cops who are literate in customs legislation or joint raids of the traffic police and customs officers are rare phenomena, this will not last indefinitely - go to the nearest customs office or to the checkpoint through which you are going to export the car with an application to extend the period of temporary import (you, as a foreigner, you have the right to temporary transportation within a year). Be prepared for the fact that your car will be confiscated during the administrative proceedings. At the same time, a demand for payment of customs duties will be prepared. Customs duties can be collected forcibly through the sale of cars through bailiffs. At the same time, no one is preventing you from contacting the nearest customs authority with an application to extend the temporary import period, which must be granted to you. Therefore, after you are given a fine (and a decision is made to return the car to you), ten days pass and the decision comes into force. The car must be given to you. Be sure to write an application for extradition in writing with registration at customs. If they do not issue it within 2-3 days, immediately file a complaint with the prosecutor’s office, a higher customs authority and the court. It is the customs office that will stall for time in order to collect payments. If they give it back, your deadline has been extended, take the car out immediately, at that time there will be no reason to keep the car in the Russian Federation. If they don’t give it back, act in the same way after considering the complaints. If a decision is made on confiscation, you need to complain to a higher court and convince it that you had no intention of not exporting the car from the Russian Federation, you simply forgot it and were afraid to come to customs. That's basically all that can be said

"Customs Code of the Eurasian Economic Union" (Appendix No. 1 to the Treaty on the Customs Code of the Eurasian Economic Union)

EAEU TC Article 264. Temporary import of vehicles for personal use

1. Temporary import into the customs territory of the Union by foreign individuals of vehicles for personal use, registered in a state that is not a member of the Union, is permitted for a period of no more than 1 year.

Temporary import into the customs territory of the Union by foreign individuals specified in paragraph 2 of Article 259 of this Code of vehicles for personal use that are not registered in the member states and in a state that is not a member of the Union is allowed for a period of no more than 1 year.

Temporary import into the customs territory of the Union by individuals of member states of vehicles for personal use, registered in a state that is not a member of the Union, is allowed for a period of no more than 1 year.

2. The provisions of paragraphs 1 and this article do not apply to vehicles for personal use, registered in a state that is not a member of the Union, and not registered in member states and in a state that is not a member of the Union, temporarily imported into the customs territory of the Union by individuals persons who, in accordance with this Code, have the right to import vehicles for personal use into the customs territory of the Union with exemption from customs duties and taxes.

Temporary import into the customs territory of the Union of the specified vehicles for personal use is allowed for the period of granting privileges to the specified individuals in the host state, confirmed in accordance with the legislation of that state.

In case of extension of the specified period, the period of temporary import into the customs territory of the Union of vehicles for personal use is extended by the customs authority at the request of the persons specified in paragraph one of this paragraph for the period of such extension.

3. Temporary import into the customs territory of the Union of vehicles for personal use specified in paragraphs two and three of paragraph 1 of this article, with the exception of vehicles for personal use temporarily imported by individuals of the Member States who are employees of diplomatic missions of the Member States, employees consular offices of the Member States, employees of representative offices of the Member States at international organizations located outside the customs territory of the Union, is permitted subject to the provision of security for the fulfillment of the obligation to pay customs duties and taxes in accordance with Article 271 of this Code.

4. Temporary import into the customs territory of the Union by foreign individuals of the second and subsequent vehicles for personal use, registered in states that are not members of the Union, in the presence of vehicles for personal use previously temporarily imported by such persons that have not been exported from the customs territory of the Union is allowed, provided ensuring the fulfillment of the obligation to pay customs duties and taxes in accordance with Article 271 of this Code.

For the purposes of applying this paragraph, the second and subsequent vehicles for personal use mean vehicles for personal use of the same type (automobile and motor vehicle, trailer for a motor vehicle and motor vehicle, watercraft or aircraft) as the vehicle for for personal use, previously temporarily imported into the customs territory of the Union and not exported from the customs territory of the Union.

5. Temporarily imported vehicles for personal use before the expiration of the period during which such vehicles may be temporarily located in the customs territory of the Union are subject to customs declaration for the purpose of export from the customs territory of the Union, release for free circulation or for other purposes in accordance with this article, except in cases where the specified vehicles for personal use are confiscated or converted into the property (income) of a Member State by a court decision, or have acquired the status of goods of the Union in accordance with paragraph 2 of Article 16 or paragraph 6 of Article 382 of this Code, or in in relation to these vehicles for personal use, the circumstances provided for in subparagraph 8 of paragraph 7 of Article 14 of this Code have occurred.

Before the expiration of the period during which temporarily imported vehicles for personal use may be temporarily located in the customs territory of the Union, the declarant has the right to place such vehicles under customs procedures in the manner established by this Code.

After the expiration of the period during which temporarily imported vehicles for personal use may be temporarily located in the customs territory of the Union, such vehicles are placed under customs procedures in the manner established by this Code, or customs declaration is carried out in relation to such vehicles for the purpose of export, release for free circulation or for other purposes in accordance with this article.

In case of seizure of temporarily imported vehicles for personal use or seizure of them in accordance with the legislation of the Member States, the period of temporary import in relation to such vehicles for personal use is suspended.

If a decision is made to cancel the seizure of temporarily imported vehicles for personal use or to seize them, the period of temporary import in relation to such vehicles for personal use is resumed from the date such a decision enters into legal force, except for cases where the seizure or seizure for such vehicles for personal use was associated with a violation of the conditions for the declarant to transfer temporarily imported vehicles for personal use in the customs territory of the Union, provided for in paragraph 9 of this article.

Temporarily imported vehicles for personal use, in respect of which the actions provided for in this paragraph have not been completed before the expiration of the period specified in paragraph 1 or paragraph 2 of this article, are detained by the customs authority of the Member State on whose territory such vehicles are located, in accordance with with Chapter 51 of this Code, except for the case when, before such detention, the circumstances specified in subparagraph 5 of paragraph 2 of Article 268 of this Code occurred.

6. Temporarily imported vehicles for personal use must be in the customs territory of the Union in the actual possession and use of the declarant, unless otherwise established by this article.

Temporarily imported vehicles for personal use may be transferred by the declarant to another person, including the person to whom such a vehicle belongs by right of ownership, in the cases and on the conditions established by this article.

7. The transfer of temporarily imported vehicles for personal use specified in paragraph 2 of this article is permitted if such vehicles for personal use are transferred:

1) individuals who, in accordance with this Code, have the right to import into the customs territory of the Union vehicles for personal use with exemption from customs duties and taxes, - after making a customs declaration for the purpose of temporary import into the customs territory of the Union of such vehicles for personal use use by individuals to whom such transfer is made;

2) to persons not specified in subparagraph 1 of this paragraph - after customs declaration for the purpose of free circulation of such vehicles for personal use by individuals to whom such transfer is made.

8. Without the permission of the customs authority and without customs declaration, the declarant is allowed to transfer the following vehicles for personal use:

1) a temporarily imported vehicle for personal use - into the possession of another person for maintenance, repair (except for major repairs, modernization) and (or) for storage;

2) a vehicle for personal use, temporarily imported by an individual of a Member State - to his parents, children, spouse in a registered marriage;

3) a vehicle for personal use, temporarily imported by a foreign individual - to other foreign individuals;

4) temporarily imported watercraft or aircraft for personal use - to the captain of the watercraft, the commander of the aircraft, crew members for control and operation of this vehicle in cases where the technical design of the vessel does not imply its operation without the participation of these persons;

5) a vehicle for personal use, registered to a diplomatic mission and (or) consular office of a Member State, a representative office of a Member State with an international organization, located outside the customs territory of the Union, temporarily imported by an individual of a Member State working in such a diplomatic mission and (or) a consular office, a representative office of a Member State to an international organization - to another employee of such a diplomatic mission and (or) consular office of a Member State, a representative office of a Member State to an international organization located outside the customs territory of the Union.

9. With the permission of the customs authority and without customs declaration, the declarant may transfer the following vehicles:

1) a vehicle for personal use, temporarily imported by a foreign individual - to an individual of a Member State, subject to ensuring the fulfillment of the obligation to pay customs duties and taxes in accordance with



 


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