April 8-9, 2010 in Moscow hosted the "Legal Forum" newspaper "Vedomosti". From the Bar association Customs & Corporate Lawyers in a forum attended by heads of the Bar association, a member of the Expert Council on customs regulation of the Committee on Budget and Taxes of the State Duma of the Russian Federation - a lawyer Konstantin Kurochkin
This year's "Legal Forum" newspaper "Vedomosti" was held for the sixth time, again gathered under the aegis of the leading Russian and foreign lawyers, as well as the business press. Forum dedicated to the development of a legal business in Russia. Since 2004, he gathers in Moscow heads of legal departments and prominent lawyers of Russian and foreign companies, representatives of the authorities and judges. It is believed that this area requires lawyers to exchange views on the latest developments in the field of legislation regulating business, to develop solutions to complex legal conflicts. And this year's forum is reaffirmed. It should be noted that the Russian and foreign lawyers traditionally take an active part in the forum, because we are sure: it is necessary not only to discuss and address the urgent problems of legal business, but also to consolidate the legal community.
This year, special attention was paid to the development forum of tax and corporate law, customs and banking legislation, antitrust regulation and business litigation, including - Customs.
Section "Customs legislation" presented Galina Balandina, Head of "Customs and Foreign Trade Regulation" company "Pepeliaev Group". It was planned that this session of the forum will be dedicated exclusively to the customs value. However, the reports and the subsequent exchange of views stated format was somewhat extended. Thus, in a supplementary report on the subject made the lawyer Konstantin Kurochkin, the head of the Bar association Customs & Corporate Lawyers (participating company Customs & Corporate Lawyers). During his report, he noted that in terms of customs valuation - the legislation of the Russian Federation is developed enough and contains almost no regulatory gaps that allow the institution to withdraw from the legal field, which confirms the statistics of arbitration practice. In particular, according to some estimates, the results for 2009 show that more than 90% of disputes to adjust the value of the customs authorities lost business (note: the data presented by the forum "Pepeliaev Group"). Lawyer Kurochkin were examples of its jurisprudence on this category of cases, and were given answers to the questions of colleagues participating in the event. Then, following the bed of the discussion, Konstantin Kurochkin also touched upon the issues of customs classification of goods and detail, as far as the format of the event, addressing the topical issues of resolving such disputes in arbitration courts, lawyers told the audience about the main points that need to be taken into account in protecting the interests of traders. In addition, it was also noted that the customs legislation is in constant development, which is the introduction of a confirmation from 01.07.2010 of the Customs Code of the Customs Union, containing a number of short stories and change the conceptual apparatus of customs. At the same time as the speaker noted, not all changes in the normative regulation of these issues can have a positive impact on the operations of foreign operators, at least initially. "Despite the obvious positive evaluation of the integration process, "growing pains" in the regulation, as well as the establishment of law enforcement in the framework of the Customs Union - is inevitable," - said Konstantin Kurochkin. During the exchange of views, both among speakers (note: in addition to those mentioned, made a presentation on customs disputes in Belarus representative of the legal community of the Republic of Belarus), and the audience - lawyers tried to find ways to minimize such risks, which, of course - in many ways, it was possible .
However, according to the lawyer Konstantin Kurochkin, the head of the Bar association Customs & Corporate Lawyers - "... changing regulatory customs in connection with the entry into force of the Customs Code of the Customs Union will inevitably lead to a change in the law enforcement, which would require attorneys and lawyers defending the interests of traders which displays all of its professionalism in conditions close to the extreme, as in the previous arbitration practice lean it will be impossible - it will have to turn out again. In such circumstances, in the most advantageous position will be legal companies that have not only considerable experience in this field and have a highly professional lawyers, but also the ability to approach these issues systematically, based on an understanding of the changes in the legal field".
Customs & Corporate Lawyers Press Service