The arbitration court of Chelyabinsk region sided with local entrepreneur Olga Skirda in a dispute with the regional customs, which seized sports nutrition to one million rubles, acknowledging it sanctions the product. As stated in the court’s decision, the actions of customs is recognised by illegal. However, it appeared later: due to improper long-term storage, the products were flawed, and the entrepreneur is likely to undergo a new court — compensation.
“Was unlawfully carried out the customs inspection of premises was violated a term of the inspection the premises were illegally sealed, the removal of the goods is also considered illegal,” reads the court’s decision.
Customs in favor of the entrepreneur will result in 5400 rubles. Thus the damage Olga Skirda is estimated at the sum slightly less than million.
The incident occurred August 8, 2017, when the store of sports nutrition Olimp custom with the support of SWAT raided and seized more than 700 kilograms of protein and vitamins, explaining that the goods were under the counter-sanctions.
In Chelyabinsk, the customs have arrested nearly a ton of sports nutrition, declaring it “sanctional”
“In the afternoon came the customs officers. Me at that time was not, — said the businessman Olga Skirda. — Came right to the retail store without notice. Two of them were SWAT officers — in uniform and armed. Scared sellers, said that will now be described and to destroy. Eventually took the product more than on one million roubles”.
The store tried to explain that all goods are bought from official importers in Moscow. But, according to the merchants, customs officials did not wait for the documents and just started raking with banks of shelves, on which were indicated the country of origin, fall under the Russian anti-sanctions. All products should have been destroyed the next day after withdrawal. But the entrepreneur was able to impose interim measures on the seized goods.
“In the interest of the customs — as soon as possible to destroy the seized products to the owner it was not possible to prove that the product of the sanctions is not, — said the managing partner of the legal company “Foresters and partners” Peter Foresters, representing the interests of the entrepreneur. — To determine whether the product of the sanctions, you need at least a detailed identification of goods which neither customs nor the CPS is not carried out, prove nothing, and simply seize and destroy”.
Small business goes to other regions due to issues with the Chelyabinsk customs
In court Olga Skirda challenged almost every step of customs. In the process, it was revealed that customs went to see the store after a Memorandum that amounted to the same customs officer that conducted the search and seizure of the goods. Had violated the terms of the inspection of the store. In total, the customs worked there for two days, the room was sealed, no one is not allowed.
Chelyabinsk customs says that due to the large volume of goods in the store, they were forced to spend on inspection and identification of goods another day. And were forced to seal the premises, otherwise, according to customs officers, goods sanctions could take. In the documents revealed inconsistencies. The inspector just listed the seized goods, without specifying the customs code, although that is what determines the product falls under the sanctions or not.
So kept sports nutrition, seized tumoreprostata company “Foresters and partners”
“According to customs officials seized from the owner of the goods was to destroy the next day. But in view of the imposition of interim measures, this was not done. So was appointed to a visiting customs inspection. The goods actually seized from the owner on 9 August, the customs authority August 15 withdraws again. And due to the fact that to withdraw at the customs authority may, it was decided to specify that the 15 th products have also been withdrawn from the businessman,” — said the lawyer.
In addition, actually seized more than indicated in the documents. Custom “turned over” item for 30 thousand rubles, which the documents did not appear.
“The goods seized from the entrepreneur, are the goods that require special storage conditions. Despite this, they were kept in unsuitable premises, on the floor, and was spoiled by rodents, says Peter Foresters. — The goods were kept in a special firm, which was defined by custom, but, according to the public cadastral map, the room where he kept withdrawn, are not inventory. The only property registered on this address — a house”.
Packages of food gnawed crazyprotein company “Foresters and partners”
The decision of the court has not yet entered into force. If this happens, the customs will be obliged to return the entrepreneur, all seized in the last year. But since the goods damaged, most likely, Olga Skirda will demand compensation for the losses suffered.
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