Mobile customs control groups after the release of goods: creation and operation

Key words: Federal Customs Service of Russia, Eurasian Economic Union, customs control after the release of goods, mobile groups, prohibitions and restrictions, sanctions.

Foreign trade activity is associated with the movement across the customs border of the country of goods and vehicles that are subject to customs control.

In turn, customs control, as one of the types of state control, establishes the obligation to perform certain actions both on the part of the customs authorities and on the part of persons moving goods and vehicles, as well as persons assisting in the implementation of customs control [4, p. 25].

The totality of measures carried out by customs authorities is understood as forms, methods and methods of carrying out customs control, which together form the very content of customs control [3, p. 74].

Methods of customs control are a system of actions used by customs authorities for the most effective implementation of the chosen form of customs control [9].

Customs control is the implementation of forms of customs control designed to facilitate the movement of goods and vehicles. These measures are any control actions, as well as other actions that facilitate the implementation by customs authorities of selected norms and methods of customs control.

Today, in connection with the suppression of the import and circulation on the territory of the Russian Federation of goods in respect of which special economic measures are applied, in accordance with the Action Plan to ensure compliance with the requirements of Decree of the President of the Russian Federation of August 6, 2014 No. 560 and Decree of the Government of the Russian Federation dated On August 7, 2014 No. 778, in execution of the decree of the regulatory act, the Federal Customs Service (FCS of Russia) paid great attention to this work, through the introduction of the institute of mobile groups [7].

The procedure and features of the creation and functioning of mobile groups in places close to the Russian-Kazakh and Russian-Belarusian sections of the state border is currently an under-researched institution, which determines the relevance of this topic.

In accordance with the current legislation, which does not contain a definition of this category, it is proposed that it is possible to present the following definition of the institution under study. Mobile customs control groups after the release of goods are a form of interdepartmental interaction between customs authorities and representatives of other executive authorities of the Russian Federation for the purpose of conducting effective customs control of goods moved across the state border of the Russian Federation.

The creation of mobile groups goes in line with the shift in the emphasis of customs control from the declaration stage to the post-release stage, which will minimize the time required to complete customs formalities (Fig. 1) [7].

Rice. 1. Chronology of the formation of prerequisites for shifting the emphasis of customs control to the post-release stage

One of the main tasks facing mobile groups is to counter the illegal import of agricultural products, raw materials and food into the Russian Federation from countries that have decided to impose economic sanctions. One should not ignore the fact that mobile groups take measures to comply with prohibitions and restrictions on importation [5, p. 147].

Responsibility for the formation and functioning of mobile groups is assigned to the customs control unit after the release of goods of the customs authority in whose area of activity the group operates. The activities carried out will be subject to the provisions of customs legislation on customs inspections, which are one of the forms of customs control. At the same time, one of the principles of customs control is the principle of selectivity and it is limited only to those forms that are sufficient to ensure compliance with customs legislation [2].

Currently, 35 mobile groups have been created and are operating in Russia, carrying out customs control activities, which have been operating since the end of November 2015 [6].

It should be noted that in a number of member states of the Eurasian Economic Union (hereinafter referred to as the EAEU), similar mobile groups (including interdepartmental ones) also operate and, as part of special events, carry out inspections of EAEU goods that are not under customs control. The main composition of such groups includes employees of operational departments, departments for combating criminal offenses and administrative offenses of customs authorities, as well as employees of internal affairs bodies.

Mobile groups work quite effectively, so, for the period from November 27, 2015 (date of introduction of surveillance) to February 16, 2017, based on the results of the work of mobile groups of the Federal Customs Service of Russia, 16.3 thousand tons of goods were identified, in respect of which prohibitions and restrictions were established. Including biological origin - 9.6 thousand tons, industrial, technical and consumer purposes - 3.4 thousand tons, with violations during transit - 3.3 thousand tons of goods. In total, during this period, 110,656 thousand vehicles were stopped, 4 million tons of goods were checked, shown in Figure 2.

Based on the results of the work of mobile groups:

 1,026 vehicles were identified carrying 13.4 thousand tons of goods that were prohibited;

 9.9 thousand tons of goods were returned to neighboring states;

 3.1 thousand tons of goods were destroyed;

 86 accident cases and 2 criminal cases were initiated against carriers [8].

Rice. 2. Number of vehicles stopped and checked by mobile groups

In addition, in the area of activity of the North-West Technical University, the Federal Customs Service units, as a preventative measure, assigned 8 measures to the places of unloading of goods, in respect of which mobile groups did not identify signs of violations, as a result, about 300 tons of goods prohibited for import and circulation in Russia were discovered, that is Understanding that mobile groups cannot inspect all imported goods, a control mechanism is used after the release of goods directly on the domestic market. This is already a complex of activities, the implementation of which is carried out by territorial executive authorities, and control is carried out by interdepartmental groups. In this way, customs control units carry out their work after the release of goods. Perhaps after some time the sanctions will be lifted, but a control algorithm has already been developed that will be applied to a certain category of goods or goods of a certain state in the event of a corresponding order from the President of the Russian Federation or the Government of the Russian Federation.

Despite the fairly successful functioning of mobile groups, there are a number of problems in the implementation of their activities that it is advisable to consider in more detail.

Firstly, one should not ignore the information and technical equipment of all involved departments. The underfunding of a number of executive authorities is one of the main reasons for the lack of necessary information and technical means of customs control, which in turn leads to the problem of interdepartmental interaction. In addition, at many checkpoints, especially at remote borders, there is no information structure at all, while information flows are increasing every year. Thus, there are technical problems associated with the uneven coverage of the Russian territory by high-speed communication channels.

To solve this problem, first of all, it is necessary to further introduce information technology tools into all involved departments. It is necessary to improve the software of the Unified Automated Information System of Customs Authorities in order to quickly use the information received. It will also be used as part of the risk management system and in the implementation of customs control measures after the release of goods.

Secondly, the long length of the Russian border and, for now, a small number of mobile groups. The length of the Russian border with Belarus is 1239 km, with Kazakhstan - 7598.6 (land border - 4983 km), with such a large distance, the lack of mobile groups, of which there are currently only 35, becomes obvious. In this situation, the only way out is to distribute customs control over border based on a risk management system based on the most likely route for the movement of prohibited goods. In general, the solution to the problem is the creation and improvement of border checkpoints and a further increase in the number of mobile groups as funds become available and qualified personnel increase.

Thirdly, the most important problem is the lack of authority of customs authorities to stop vehicles not only in customs control zones. Based on the customs legislation of the Russian Federation, customs authorities can independently stop motor vehicles exclusively in customs control zones created along the State border of the Russian Federation [1]. In other places, stopping of motor vehicles is carried out by internal affairs bodies authorized in the field of ensuring road safety, in cooperation with customs authorities [2].

The following solution to this problem can be proposed; the authors propose to amend Article 21 of the Federal Law on Customs Regulation in the following wording: “Customs authorities may independently stop the specified motor vehicles for the purpose of carrying out customs control, including outside customs control zones.”

The conducted research on the institution of mobile groups is one of the strategies for mechanisms to protect the economic security of the Russian Federation and involves the development at the legislative level of the main functions, powers of both the representatives themselves and the rights of officials, which involves further research on this topic.

Literature:

Federal Law of November 27, 2010 No. 311-FZ (as amended on December 28, 2016) “On customs regulation in the Russian Federation” // SPS “ConsultantPlus”.
Why does Belyaninov create the “FCS cavalry”? [Electronic resource]: Information and analytical portal PROVED. Access mode: https://xn--b1ae2adf4f.xn--p1ai/analytics/expert-opinions/18535-zachem-belyyaninov-sozdaet-kavalepiyu-fts.html (access date: 01/14/2017).
Kostin A.A. Organization of customs control of goods and vehicles: Textbook. St. Petersburg: IC Intermedia, 2013. 340 p.
Kostin A.A. Form, method and method of carrying out customs control: correlation and definitions // Russian Foreign Economic Bulletin. 2013. No. 6. P. 73-80.
Matveeva N.V. Measures to comply with the food embargo in the Russian Federation // Economics: yesterday, today, tomorrow. 2021. No. 8. P.146-154.
Mobile groups of the Federal Customs Service of Russia prevented the import of more than 10 thousand tons of sanctioned products. [Electronic resource]: Information portal on logistics, transport and customs. Access mode: https://www.logistic.ru/news/news.php?num= 2016/09/07/13/31282315 (access date: 02/17/2017).
FCS mobile groups. [Electronic resource]: Federal Customs Service of Russia. Access mode: https://www.customs.ru (date of access: 01/14/2017).
Results of the work of mobile groups of the Federal Customs Service of Russia for the period from November 27, 2015 to February 16, 2021. [Electronic resource]: Federal Customs Service of Russia. Access mode: https://www.customs.ru (date of access: 01/14/2017).
Khalipov S.V. Customs control (administrative and legal analysis): educational and practical guide. M.: Publishing house "TAMOZHNYA.RU", 2005.

In the context of the extension of sanctions imposed unilaterally by the Government of the Russian Federation, the Federal Customs Service of Russia is taking measures aimed at increasing the efficiency of its work to ensure compliance with the bans. Rustam YAKUBOV, Deputy Head of the Main Directorate of Customs Control after the release of goods by the Federal Customs Service of Russia, talks about control activities.

– Rustam Rafekovich, how and by whom are verification activities carried out?

– Since the entry into force of the Decree of the President of the Russian Federation of August 5, 2014 No. 560 “On the application of certain special economic measures for the security of the Russian Federation”, the Federal Customs Service of Russia has been constantly carrying out a set of verification measures aimed at preventing imports and sales on the territory of the Russian Federation. Federation of goods of a separate category.

Verification activities are carried out at the stage of customs control through the work of customs posts within the framework of the risk management system, at the stage of customs control after the release of goods in interaction with the law enforcement unit of customs authorities, as well as within the framework of the functioning of mobile groups.

The measures taken to prevent the import of a certain category of goods are carried out in close cooperation with the territorial divisions of the police, the border service of the FSB of Russia, Rosselkhoznadzor, Rospotrebnadzor, and Rostransnadzor.

However, the involvement of these units on an ongoing basis in inspection activities is problematic due to the small number of employees of these departments, as well as because they perform functions and tasks different from the customs authorities.

The comprehensive approach used by the Federal Customs Service of Russia to prevent the illegal import, movement, storage and sale of goods makes it possible at several stages to identify and suppress attempts to penetrate the territory of the Russian Federation of sanctioned goods.

–

Can you tell us a little more about this?

– Today, control to prevent penetration into the territory of the Russian Federation, as well as the circulation of sanctioned goods, is carried out according to a “multi-circuit” principle: in places close to the State border of the Russian Federation near stationary PPUs and former international checkpoints, as well as patrolling together with traffic police crews of bypasses roads (first circuit); control on highways leading directly to cities of federal significance (second circuit); control at large wholesale distribution centers (third circuit); control in the domestic market by chain retailers (fourth circuit).

Information about the activities carried out is communicated in the prescribed form to the Federal Customs Service on a daily basis, and this makes it possible to have operational information from the places where mobile groups operate. The information received is analyzed in order to identify various schemes for the illegal import of prohibited goods, select objects of customs control after the release of goods, and also fill the library dossier on violators.

– What is the geography of work of mobile groups?

– In order to suppress and identify the illegal import of goods, both directly from the Federal Customs Service of Russia and customs control services, after the release of goods, RTU regularly takes measures to strengthen control to prevent the entry of sanctioned goods into the territory of the Russian Federation.

At the end of the first and beginning of the second quarters of 2021, in the regions of operation of the Central Customs Administration (CTU), the North-West Customs Administration (NWCU) and the North Caucasus Customs Administration (NCCU), inspection activities aimed at identifying sanctioned goods were organized in an enhanced mode in within the framework of the work of mobile groups with a 24-hour work schedule.

Mobile groups carrying out round-the-clock patrols of territories close to the Russian-Belarusian section of the State Border of the Russian Federation, as well as country (bypass) roads of local importance and parking lots of heavy vehicles have shown high efficiency of work.

During the verification activities, mobile groups of North-West Technical University, Central Technical University and SKTU identified and destroyed more than 1.5 thousand tons of sanctioned goods, more than 200 tons were expelled from the Russian Federation, and more than 60 cases of accident were initiated.

Analysis of the results of the work also showed that the flow of vehicles moving goods from the territories of the Republics of Belarus and Azerbaijan decreased significantly during the period of intensification.

– Is there a register of participants in foreign economic activity found to be violating prohibitions and restrictions?

– The activities of mobile groups are an element of control and painstaking analytical work. The results of the activities of mobile groups serve as the basis for the formation of an information base about buyers and sellers of goods, about carriers, about the places of actual delivery of goods for subsequent analytical work and selection of objects of customs control during the circulation of goods, and information about identified violators is placed in a specially created library-dossier , which is updated regularly. Other interested federal executive authorities will also take part in filling out the dossier library.

– How many violators have been identified?

– Today, the dossier library contains more than 350 names of carriers and recipients of goods that have been found to have violations. In relation to violating organizations, information is sent to the State Budgetary Inspectorate for carrying out operational measures; in addition, mobile groups are oriented to carry out enhanced control of these persons in case they cross the state border, and in relation to foreign carriers, information is sent through the Customs Service to the customs authorities of the countries where these carriers are registered.

– How many control measures have been carried out in total and with what results?

– TKPVT units and operational units of customs authorities, both independently and in collaboration with law enforcement and regulatory authorities, using the analysis of reports from mobile groups, have carried out 3,393 verification activities since the beginning of the introduction of sanctions on the circulation of goods on the domestic market. The volume of goods in respect of which verification measures were carried out amounted to 93,383 tons. 273 tons of sanctioned products were destroyed. 247 cases of accidents were initiated, four criminal cases were initiated, and fines were imposed in the amount of 4.2 million rubles.

– Are the actions of mobile groups supported by relevant norms in legislation?

– In order to increase the efficiency of the activities of the created mobile groups, amendments have been made to Article 21 of Federal Law No. 311-FZ in terms of expanding the powers of customs authorities to independently stop vehicles.

The Ministry of Finance has approved a schedule for the preparation of acts of the Government of the Russian Federation and federal executive bodies necessary for the implementation of the norms of the Federal Law. A letter from the Federal Customs Service of Russia was sent to RTU stating that the application of the norms of the Federal Law will be possible only after the acts of the Government of the Russian Federation and federal executive authorities, which are included in the schedule, come into force.

We are talking, among other things, about an amendment to the federal law “On Amendments to the Code of the Russian Federation on Administrative Offenses” (agreed in the presented version), as well as about an amendment to the federal law “On Amendments to Article 24 of the Federal Law “On Road Safety” "and on an amendment to the Decree of the Government of the Russian Federation "On Amendments to the Traffic Rules of the Russian Federation."

– What can you say about the technical equipment of mobile groups and what are their future prospects?

– To equip mobile groups with the necessary technical control equipment and vehicles, additional funds have been allocated from the reserve budget of the Government of the Russian Federation for the creation of 35 mobile complexes for use in the work of mobile groups.

Now the Federal Customs Service of Russia has already prepared the necessary list of material and technical means, and by the end of this year or the beginning of next year, mobile complexes are planned to be put into operation.

In the future, the Federal Customs Service of Russia is considering the issue of transforming mobile groups into a separate structural unit of customs authorities with certain functions.

To strengthen measures to prevent the import of sanctioned goods, the Russian Federal Customs Service has developed a comprehensive plan of measures to prevent the import and suppress the circulation of sanctioned goods and goods of a separate category.

The implementation of this plan will make it possible to systematically organize work aimed at preventing the penetration of goods of a certain category into the territory of the Russian Federation.

Source: “Customs” magazine No. 23 2021

Customs legislation news

As part of the fight against the illegal import of sanctioned goods into Russia, the Federal Customs Service created 35 mobile groups, which are responsible for organizing customs control

in areas close to the borders of Belarus and Kazakhstan, which are part of the EAEU.
According to the authorized economic operator SlavTrans
, out of 35 created mobile groups, 10 “work” on the border with Belarus, actually carrying out customs clearance in Smolensk and the region, as well as in the Pskov region.

The interim results of the work of the FCS mobile groups are as follows:

since November 27, 2015, 13,988 vehicles carrying 196,965 tons of sanctioned goods have been identified;
167,682 tons of sanctions were “returned” to neighboring countries;
21,251 tons of products were disposed of;
2,299 administrative and 90 criminal cases were initiated.

Despite the “special attention” to the direction in which road freight transportation

from Belarus, the delivery of goods from Latvia and
the transportation of goods from Estonia
.

Weight and dimensional control points located on the highways significantly facilitate the work of mobile FCS teams. Drivers of heavy trucks are forced to turn off the highway. True, this is only when driving on federal roads. As practice shows, the transportation of sanctioned products is accompanied by chases and attempts by drivers to escape on country roads.

Not long ago, the authorities gave the Federal Customs Service powers allowing them to stop vehicles independently, without involving traffic police officers. Additional rules have also been defined - the corresponding road signs, the uniform of the Federal Customs Service officers who carry out road control, and the necessary paraphernalia.

The “Reef” system, which was originally created to record traffic violations, also “helps” customs officers. Then it was adapted to the needs of the customs service. Now the system “recognizes” and identifies vehicle license plates from 40 countries.

It is noteworthy that the “Reef” system has been radically improved and involves the use of different types of video cameras:

stationary - on poles, supports, traffic lights;
portable - on tripods;
mobile - on cars capable of reading vehicle license plates while in motion;
individual ones, which are attached to the customs officer’s jacket.

Video cameras make it possible to “calculate” heavy trucks in the traffic flow that have previously violated the established procedure for customs clearance of goods and the movement of goods across the border that require veterinary and phytosanitary control.

It is noteworthy that if previously only Belarusians tried to make the most of the embargo imposed by Russia, now Kazakh entrepreneurs are also trying to make a profit from illegal supplies of “sanctioned” products to the Russian Federation.

Customs representative (broker)

Why does Belyaninov create the “FCS cavalry”?

The trend of transferring the main functions of customs control to post-release control has been visible for quite a long time: the Customs Code of the Customs Union has already significantly expanded the capabilities of customs authorities to carry out customs control after the release of goods, increasing, for example, the period of post-control to three years, expanding the list of persons in respect of whom such control is carried out , and in 2012 creating the Main Directorate of Customs Control after the release of goods. In 2013, the Federal Customs Service of Russia also approved a new Concept for the development of customs control after the release of goods until 2021, about which PROVED has already published its material. In theory, transferring customs control to the post-release stage makes it possible to reduce the level of control at the declaration stage and minimize the time required to complete customs formalities. The creation of mobile groups is apparently another step on this path.

Therefore, the good goal that the Federal Customs Service declares when launching this project is to increase the efficiency of control after the release of goods. Efficiency, as conceived by the authors, will be ensured, among other things, by the fact that the mobile groups are expected to include officials from several departments: customs control units after the release of goods, functional units of customs, law enforcement and inspection departments, and even specialists from other departments (of course, subject to the achievement of appropriate agreements) - that is, something between what in English is called a “think-tank” (think tank) and rapid response groups. Today there is no clarity regarding the procedure for the formation of such groups, but there is every reason to believe that the customs control unit will be responsible for their formation and coordination with management after the release of goods of the customs authority in whose area of activity this group will operate. In the case of the formation of interdepartmental mobile groups (and the order of the Federal Customs Service of Russia dated July 6, 2012 No. 1373 contains a provision that officials of other state regulatory authorities may be involved in participation in customs inspections in the manner determined by law, as well as interdepartmental and other regulatory legal acts), the procedure for their formation and functioning will be prescribed in the relevant documents.

It should be noted that in the states of our comrades in the Customs Union, similar mobile groups (including interdepartmental ones) are already functioning and, as part of special events, carry out inspections of goods of the Customs Union that are not under customs control. The backbone of such groups consists of employees of operational departments, departments for combating criminal offenses and administrative offenses of customs authorities, as well as employees of internal affairs bodies. Obviously, in their image and likeness it is planned to create mobile groups within the FCS structure.

By the way, mobile groups of Belarus, for example, have already managed to prove themselves in working with Russian sanctions. According to the chairman of the State Customs Committee of Belarus, due to the imposition of sanctions by Russia, the burden on Belarusian customs officers has seriously increased: “We have now introduced forces, means, and mobile groups at the border. But all this is justified. We help each other".

As PROVED learned, the Federal Customs Service is currently planning to create such mobile groups as a pilot project in permanent customs control zones (PCZC) in the seaports of the North-Western, Far Eastern and Southern customs departments.

The activities of mobile groups will be based on regulations governing the procedure for carrying out control after the release of goods. This means that the activities they carry out will be subject to the provisions of customs legislation on customs inspections, which are one of the forms of customs control. At the same time, according to the order of the Federal Customs Service of Russia dated July 6, 2012 No. 1373, when conducting a customs inspection, other forms of customs control may be used, including customs inspections and inspections - naturally, taking into account Article 94 of the Customs Code of the Customs Union, which states that one of principles of customs control is the principle of selectivity and it is limited only to those forms that are sufficient to ensure compliance with customs legislation. But the determination of sufficiency criteria remains, no matter how sarcastic it may sound, on the conscience of customs officials.

Yes, the same Article 94 states that when choosing objects and forms of customs control, a risk management system (RMS) is used. However, when analyzing the orders of the Federal Customs Service, it becomes obvious that the RMS is not the only basis for initiating an inspection, selecting forms and objects of customs control at the stage after the release of goods. Thus, by order of the Federal Customs Service of Russia dated July 6, 2012 No. 1372, it was established that within the framework of analytical work for the functional units of customs authorities (such as, for example, units for control of customs value, trade restrictions and export controls, commodity nomenclature and country of origin of goods) RMS - just one of the tools for identifying violations of customs legislation. The same order stipulates that, in order to select objects of control after the release of goods, an analysis of the information contained in the documents presented during the declaration is carried out in the direction of organizing and applying the risk management system. That is, the RMS itself can be a kind of post-control object. In addition, there is Order of the Federal Customs Service of the Russian Federation dated August 25, 2009 No. 1560 “On approval of the Procedure for checking documents and information after the release of goods and (or) vehicles.” It states that such verification is carried out on the basis of:

1) instructions from a higher customs authority;

2) materials (information) received from law enforcement and other regulatory authorities, as well as from competent authorities of foreign states, international organizations, containing data indicating the likelihood of violations of the legislation of the Russian Federation, measures to suppress which fall within the competence of customs authorities;

3) instructions on the application of appropriate measures to minimize the risks contained in the risk profiles;

4) the results of the analysis, indicating possible violations of customs legislation, including using the RMS:

a) information available to the customs authority;

b) materials, information received from other customs authorities;

c) media reports, as well as messages and statements of Russian and foreign legal entities and individuals.

Thus, any suspicions of the customs authority (including those based on the ulterior motives of officials, but disguised as the above grounds), if properly documented, can be used as a reason for an inspection.

How will the activities of “mobile groups” turn out for importers, carriers, and foreign trade participants? Since the checks they carry out at the PZTK will be desk-based in nature (i.e., they will be carried out at the location of the customs authority without visiting the person being inspected), their implementation is not limited by the frequency of conduct. As they say, “For you it is fraught - this is a minus, for us an opportunity is a plus.”

The advantage for customs officers is the possibility of carrying out verification activities not after some time, when the cargo has already left and its traces have cooled, but directly and immediately in the customs control zone. The only question is: what's the point of checking after graduation if it can be done before?

Another plus, as we see, is the efficiency, complete unpredictability and other capabilities of mobile groups that will surpass even the capabilities of the risk management system. At the same time, the own risks of importers, foreign trade participants, and carriers increase quite significantly. Who will control the legality and validity of the actions of mobile groups? Will the officials included in their composition be given special responsibility for their actions under such virtually unlimited powers? “Of course yes,” the customs officers will answer, because, as the law says, “for unlawful actions (inaction) during a customs inspection, customs officials bear disciplinary, administrative, and criminal liability in accordance with the law.” “Of course not,” the foreign trade participants will answer, because given the current level of corruption in customs authorities, it is difficult to even imagine how high the bribery capacity of mobile groups will be: a number of divisions and even departments will be interested in the “correct” solution to the issue.

Customs officer from the highway

It would seem that this could be the end of the review of the topic, but in fact, this issue was considered by the FCS even before the introduction of sanctions - and the customs department has much more far-reaching plans and intentions regarding the functioning of customs mobile groups. According to available information, the Federal Customs Service is pushing through the issue of amending Article 21 of the Federal Law on Customs Regulation. In accordance with this article, customs authorities can still independently stop motor vehicles exclusively in customs control zones (CZZs) created along the State Border of Russia. In other places, stopping of such vehicles is carried out by internal affairs bodies authorized in the field of ensuring road safety, in cooperation with customs authorities. The FCS plans to make the law similar to what is in force in Kazakhstan and Belarus, where customs officers have the authority to independently stop vehicles. Therefore, if the pilot project called “mobile groups” meets customs expectations, then in the future they will be given the right to stop any vehicles suspected of violating customs rules outside the control zone.

Also, speaking about the prospects that the FCS sees for the activities of mobile groups and changes to Article 21, we can assume that mobile groups have every chance of developing into a full-scale structural branch of the FCS in the form of special units of the customs service, the main tasks of which will be prevention, detection and suppression smuggling, other crimes and offenses that are within the jurisdiction of customs authorities, committed by persons outside customs control zones.

Moreover, as PROVED learned, the FCS is working on the issue of creating, during the transition period (that is, before changes are made to Article 21), temporary customs control zones (TCZZ) at stationary weighing control points, which are used for weight control of vehicles.

Since now, in accordance with the law, stopping motor vehicles for the purpose of customs control (including in the form of customs inspection) outside the territory of the ZTK is limited to two hours, the point of creating the VZTK is to bypass this limitation, and customs officers could freely carry out their functions not only along the State Border of Russia and at checkpoints through it, but also throughout the country.

PROVED information: Stationary weighing control points are stationary posts of internal affairs bodies, points of state control over the implementation of international road transport and stationary points at which weight control of vehicles carrying out freight transportation is carried out. The legal basis for the functioning of stationary control points and the procedure for control at these points are enshrined in Decree of the Government of the Russian Federation of September 22, 1999 No. 1079 “On measures to streamline activities related to the control of vehicles on highways” and Decree of the Government of the Russian Federation of October 31, 1998 No. 1272 “On state control (supervision) over the implementation of international road transport.” Control (supervision) over the implementation of international road transport at stationary and mobile control points on the territory of the Russian Federation is carried out by officials of the Federal Service for Supervision of Transport.

Yes, the law allows the creation of customs control zones not only along the State border of Russia and at checkpoints through it, but also in other places by decision of the head of customs (or the head of the customs post, if we are talking about VZTK), in the region of operation of which the places and territories where such zones are created. In this case, the VZTK is created for the duration of customs control, cargo and other operations and is liquidated upon completion of the activities that served as the basis for its creation, or upon the expiration of its validity period specified in the decision of the customs authority on its creation. But despite the fact that it is theoretically possible to create a VZTK at stationary weighing control points, it can actually be created only at those control points that happen to be in the region of activity of any customs authority. In addition, stopping such vehicles will still be carried out by traffic police officers, which means that the necessary documents will need to be developed and agreed upon, including an agreement on cooperation between the Federal Customs Service and Rostransnadzor and regulations for the interaction of customs authorities and territorial departments of Rostransnadzor. In addition, a document is also needed that will determine the procedure for actions of customs officials in the event of identifying inconsistencies during weight control and making a decision on the need for a customs inspection.

In addition, problems remain regarding the formation and functioning of mobile groups and compliance with the requirements of the law on customs inspections, described in the first part of this material.

Therefore, fulfilling the instructions of the leadership of the Federal Customs Service, in order to prepare the real legal ground for the work of mobile groups, including interdepartmental ones, and for the creation of VZTK on public roads, and for amending the federal law, lawyers of the Federal Customs Service will have to develop an impressive volume of proposals for a radical revision of the entire legislative framework in this area. We can only hope that the public, especially the professionally interested one, will be made aware of these proposals before customs officers enter into competition with the traffic police for “interest,” greeting us on the roads with striped batons. PROVED, for its part, promises to acquaint its readers with the development of this topic as information becomes available.

Well, in conclusion, one cannot help but pay attention to the fact that at least five legal acts of the Federal Customs Service of Russia regulate the issues of customs control after the release of goods. This is despite the fact that one of the main corruption-causing factors is precisely excessive, excessive regulation. In this regard, it is not clear why, instead of streamlining the legal regulation in this area and creating a single regulatory legal act that would regulate all issues related to customs control after release, the customs department continues to build labyrinths of its own orders, instructions, regulations and even letters. Or, on the contrary, everything is just extremely clear?..

Block the way: how the latest mobile complexes of customs officers will fight counterfeit goods

The most modern technologies will block the way for counterfeiting and sanctioning. Russian customs officers are armed with the latest mobile systems. Each one, and this is a whole office on wheels, is equipped with the latest technology.

Know-how is used in all border regions and allows not only to identify products prohibited for import, but also to track the entire route of the goods.

Near the border of Kazakhstan there is a continuous steppe, and from the air everything is clearly visible. The main task of customs officers is to identify trucks with counterfeit goods, which, after crossing the border, go to our country and can bypass mobile customs posts along country roads.

Several suspicious heavy trucks are visible from the air. Upon command from a helicopter, they are met on the ground by a customs group in a special vehicle.

This one truck contains more than a million chewing gum, sweets and other clandestinely produced confectionery products with emblems of famous brands. And this car is loaded to the top with shoes of unknown origin without the necessary markings.

Starting this month, Federal Customs Service vehicles are equipped with blue flashing lights and have a special color scheme. Along with the updated automotive systems, employees received special powers. Now they are allowed to check the authenticity of documents for the goods being transported right on the road anywhere. Until this moment, it was possible to stop vehicles only in conjunction with the traffic police.

The FCS mobile complex based on a Kamaz vehicle is an entire mobile customs office with its own video surveillance system. There is a work office, also known as a living module, a shower with hot water, and a full kitchen. This is a working house on wheels that you can use on business trips throughout the country.

On the computer screen you can track all transport with sanctioned products that transit through our country. Each such truck is sealed with a special seal with GPS navigation.

All seized products are stored in such warehouses until a court decision. They wanted to import this Spanish lard into Russia under the guise of gauze, bypassing sanctions. These cigarettes, without tax stamps, were hidden under bags of salt. And children's toys and perfumes with the emblem of fashion companies do not have a certificate, which means they can be harmful to health.

It is impossible to identify a fake with the naked eye. One car filter bears the logo of a well-known company, and if not for customs officers, Russian car enthusiasts would have bought a counterfeit at the price of the original. All seized products located in the warehouse will be destroyed after the court decision.

Last year alone, mobile teams identified 80 thousand tons of illegal goods. Two million kilograms of counterfeit goods were destroyed. Those who equip such caravans with prohibited products are not afraid of huge fines and the risk of going to prison for six years. Unfortunately, Russian customs officers cannot influence the work of a huge number of underground factories located in other countries.