The value of goods imported into Russia must be determined at the price of their purchase, the Constitutional Court ruled. This will enable citizens to avoid unintentional overstatement permissible value of imported goods and the charges of smuggling. But even in these smugglers will now be a free hand.
Cost of imported goods shall be calculated based on the price of their purchase, and not the one on which the goods are sold in Russia. This decision was made Russia's Constitutional Court at the meeting on Tuesday, acknowledging some of the provisions of the Administrative Code and the Penal Code on the import of goods to Russia for personal use is contrary to the main law of the country.


Unconstitutional the Criminal Code

unconstitutional provisions of the COP considered part 4 of article 4.5, paragraph 1 of Article 16.2 and paragraph 2 of Article 27.11 of the Code of the Russian Federation on Administrative Offences and the first part of Article 188 of the Criminal Code ...
Under current regulations, can be imported into Russia without paying customs duties on items not exceeding 65 thousand rubles. In this case, the cost of undeclared goods is calculated by customs officers at Russian prices, which often exceed overseas. For violation of customs laws a person must pay a fine, whose size depends on the value of all imported goods. Moreover, in case of violations of customs laws in the large size they are already classified as criminal offenses.
Reason for consideration of the case were five complaints of citizens who are prosecuted for smuggling a large amount - more than 250 thousand rubles. (In April 2010, the Criminal Code was considered large amount of smuggling 1.5 million USD).

How shopaholics got caught smuggling

One of the applicants, the applicant Ludmila Valuev in 2006, arrived with her son in Canada. According to the consignment note, their belongings in suitcases were assessed in 6510 Canadian dollars, that is 155,678 rubles ....
One applied to the Constitutional Court of import to Russia from Canada goods that cost on overhead 188,000 rubles. but customs officials counted it worth 80% more, the judge cited the example of the COP Nikolai Melnikov. The Constitutional Court declared the viciousness of such practices.
«Citizens should not and can not know at what price or that the goods are sold in Russia, but since the police do not come from its actual value in the country of purchase, the citizens are deprived of the possibility to foresee the legal consequences of their actions ", - said the COP.

COP returns good

; constitutional judges have allowed citizens do not pay extra for the home bought abroad on the cheap goods. The question is whether this solution is authoritative for customs ....
Thus, the prices of goods in the country of purchase may be substantially lower than Russian price, explained the court. In addition, prices in a free market competition can be reused both increase and decrease, and in the regions of Russia the market price of the same product may vary. And because the person who buys abroad some things can not foresee the consequences that may occur to him under the current regulatory practice. Therefore, violates the constitutional principle of equality and justice.
In addition, according to the decision of the COP, in calculating the penalty for smuggling will now be considered only part of the value of the goods which exceed the permitted quota for importation 65 thousand rubles.

lawyers believe the court's decision with respect to the law-abiding citizens reasonable and adequate. "This decision should have been taken much earlier," - said the head of the legal department of law firm "tax collector" Alexei Lvov. According to him, the COP decision and its consequences in the form of update rules of the customs legislation to enable citizens to simplify the process of proving Customs value of imported things they are not appealing to the unknown aspects of the customs value, and attach financial documents confirming their purchase, the customs declaration.

«criminal cases obviously will be less, but it is on the hand and smugglers," - says the Lions. Obviously, they will be able to import more expensive unique jewelry, watches and luxury goods including the Customs office fake financial documents.

TEXT: Andrey Kovalevsky, Suzanne Camara
Photo: ITAR-TASS