Documents Statistics on documents and execution of orders
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated April 23, 2021 No. 636
MOSCOW
On approval of the Regulations on the Federal Customs Service, amendments to the Regulations on the Ministry of Finance of the Russian Federation and invalidation of certain acts and certain provisions of certain acts of the Government of the Russian Federation
(As amended by Decree of the Government of the Russian Federation dated June 19, 2021 No. 938)
The Government of the Russian Federation decides:
1. To approve the attached:
Regulations on the Federal Customs Service;
changes that are being made to the Regulations on the Ministry of Finance of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 329 “On the Ministry of Finance of the Russian Federation” (Collected Legislation of the Russian Federation, 2004, No. 31, Art. 3258; No. 49, Article 4908; 2006, No. 32, Article 3569; No. 47, Article 4900; 2009, No. 3, Article 378; No. 6, Article 738; No. 8, Article 973; No. 11, Article 1312; No. 26, Art. 3212; No. 31, Art. 3954; 2010, No. 5, Art. 531; No. 9, Art. 967; No. 11, Art. 1224; No. 26, Art. 3350; No. 38, Art. 4844 ; 2011, No. 1, Art. 238; No. 3, Art. 544; No. 4, Art. 609; No. 10, Art. 1415; No. 12, Art. 1639; No. 36, Art. 5148; No. 43, Art. 6076; No. 46, Art. 6522; 2012, No. 20, Art. 2562; No. 25, Art. 3373; No. 44, Art. 6027; No. 49, Art. 6881; No. 52, Art. 7516; 2013, No. 5 , Art. 411; No. 36, Art. 4578; No. 45, Art. 5822; 2014, No. 8, Art. 814; No. 12, Art. 1296; No. 15, Art. 1755; No. 26, Art. 3561; No. 36, Art. 4869; No. 40, Art. 5426; No. 46, Art. 6355; No. 49, Art. 6955; 2015, No. 2, Art. 491; No. 5, Art. 838; No. 31, Art. 4693; No. 38, article 5286; No. 40, article 5564; 2021, No. 17, Art. 2399; 2021, No. 12, art. 1732; No. 17, art. 2569; No. 51, art. 7830; 2021, No. 23, Art. 3292; No. 30, art. 4748; No. 41, art. 6252; No. 49, art. 7614; 2021, No. 43, Art. 6099; 2021, No. 6, art. 698; No. 13, Art. 1921; No. 16, art. 2602; No. 21, art. 3274; No. 43, art. 6805).
2. Recognize as invalid the acts and individual provisions of acts of the Government of the Russian Federation according to the list according to the appendix.
3. Establish that the implementation of the powers provided for by this resolution is carried out by the Ministry of Finance of the Russian Federation and the Federal Customs Service within the limits established by the Government of the Russian Federation of the maximum number of employees of the specified federal executive bodies, as well as budgetary allocations provided for the specified federal executive bodies in the federal budget for leadership and management in the area of established functions.
Chairman of the Government of the Russian Federation M. Mishustin
APPROVED by Decree of the Government of the Russian Federation dated April 23, 2021 No. 636
REGULATIONS on the Federal Customs Service
(As amended by Decree of the Government of the Russian Federation dated June 19, 2021 No. 938)
I. General provisions
1. The Federal Customs Service (FCS of Russia) is a federal executive body that, in accordance with the legislation of the Russian Federation, carries out the functions of control and supervision in the field of customs affairs (customs control), the functions of a currency control body, the functions of protecting rights to intellectual property, functions for ensuring compliance with non-tariff regulation measures, technical regulation measures, export control measures, including measures in relation to military products, functions for carrying out transport control at checkpoints across the state border of the Russian Federation, functions for conducting radiation monitoring, functions for carrying out sanitary -quarantine, quarantine phytosanitary control, federal state control (supervision) in the field of safe handling of pesticides and agrochemicals and federal state veterinary supervision in accordance with the competence of the Federal Customs Service established by the legislation of the Russian Federation and the Government of the Russian Federation, in specially equipped and intended for these purposes of checkpoints across the state border of the Russian Federation (specialized checkpoints), functions to identify, prevent and suppress crimes and administrative offenses within the competence of the customs authorities of the Russian Federation (hereinafter referred to as the customs authorities), as well as other related crimes and offenses. (From June 29, 2021 as amended by Decree of the Government of the Russian Federation dated June 19, 2021 No. 938)
2. The Federal Customs Service is under the jurisdiction of the Ministry of Finance of the Russian Federation.
3. The Federal Customs Service in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, international treaties of the Russian Federation and acts constituting the law of the Eurasian Economic Union (hereinafter referred to as international treaties and acts in the field of customs regulation), federal laws, acts of the President of the Russian Federation and The Government of the Russian Federation, regulatory legal acts of the Ministry of Finance of the Russian Federation, regulatory acts of the Central Bank of the Russian Federation, as well as these Regulations.
4. The Federal Customs Service carries out its activities directly, through the territorial bodies of the Federal Customs Service and its representative offices (representatives) in foreign countries in interaction with other federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, the Central Bank of the Russian Federation, public associations and other organizations.
II. Authority
5. The Federal Customs Service exercises the following powers:
5.1. exercises control and supervision in the established field of activity:
5.1.1. for compliance with international treaties and acts governing customs legal relations in the field of customs regulation in the established area of jurisdiction of the Federal Customs Service, the legislation of the Russian Federation on customs regulation, as well as normative legal acts adopted in accordance with them;
5.1.2. for the correctness of calculation or accrual, timely payment, timeliness and completeness of taking measures to collect customs duties, taxes, customs duties, anti-dumping, special and countervailing duties, preliminary anti-dumping, preliminary special and preliminary countervailing duties, interest, penalties, recycling fees in relation to wheeled vehicles (chassis), self-propelled vehicles and (or) trailers for them, as well as the legality of granting benefits and other exemptions for the payment of customs duties, taxes, customs fees and other payments, the collection of which is entrusted to the customs authorities by international treaties and acts in the field customs regulation and legislation of the Russian Federation;
5.1.3. over currency transactions associated with the movement of goods across the customs border of the Eurasian Economic Union, with the import of goods into the Russian Federation and their export from the Russian Federation, as well as over the compliance of ongoing currency transactions associated with the movement of goods across the customs border of the Eurasian Economic Union with the import of goods to the Russian Federation and their export from the Russian Federation, conditions of licenses and permits;
5.1.4. for foreign trade barter transactions;
5.1.5. for compliance at checkpoints across the state border of the Russian Federation with the procedure for international road transport;
5.1.6. for compliance at checkpoints across the state border of the Russian Federation with the requirements of international treaties and acts in the field of customs regulation, legislation of the Russian Federation in the field of veterinary medicine, ensuring sanitary and epidemiological well-being, quality and safety of food products, materials and products, plant quarantine, safe handling of pesticides and agrochemicals in terms of the competence of customs authorities established by the legislation of the Russian Federation, acts of the Government of the Russian Federation; (From June 29, 2021 as amended by Decree of the Government of the Russian Federation dated June 19, 2021 No. 938)
5.2. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, international treaties and acts in the field of customs regulation, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, adopts normative legal acts defining:
5.2.1. the procedure for maintaining personal accounts of payers of customs and other payments, the collection of which is entrusted to customs authorities, customs representatives, as well as other persons who have paid funds to the account of the Federal Treasury;
5.2.2. the form and procedure for filling out the decision on the classification of goods prepared in the form of a paper document, the procedure and timing of its adoption, as well as the format and structure of the decision on the classification of goods prepared in the form of an electronic document;
5.2.3. the form and procedure for filling out the decision to change the decision on the classification of goods prepared in the form of a document on paper, the procedure and timing of its adoption, as well as the format and structure of the decision to change the decision on the classification of goods prepared in the form of an electronic document;
5.2.4. form, format and structure of notifications about the need to provide additional information;
5.2.5. the form and procedure for filling out on paper a decision on the classification of goods transported across the customs border of the Eurasian Economic Union in an unassembled or disassembled form, including in an incomplete or unfinished form, the import or export of which is expected in various consignments within a specified period of time, applications for adoption of the specified decision, an application to amend the specified decision, a list of components of the goods, a decision to refuse to consider an application to make the specified decision, a decision to refuse to consider an application to amend the specified decision, a decision to refuse to make the specified decision, a decision to making changes to the said decision, the decision to terminate the said decision, as well as the format and structure of the electronic form of these documents;
5.2.6. format and structure of the electronic form of a preliminary decision on the classification of goods, a decision to amend a preliminary decision on the classification of goods, a decision to refuse to consider an application for a preliminary decision on the classification of goods, a decision to refuse to make a preliminary decision on the classification of goods, a decision to terminate actions of a preliminary decision on the classification of goods, a decision to revoke a preliminary decision on the classification of goods, an application for a preliminary decision on the classification of goods;
5.2.7. form and procedure for filling out on paper an application for a preliminary decision on the classification of goods, a decision to refuse to consider an application for a preliminary decision on the classification of goods, a decision to refuse to make a preliminary decision on the classification of goods, a decision to terminate the validity of a preliminary decision on the classification of goods , decisions to revoke a preliminary decision on the classification of goods, format and structure of the electronic form of these documents;
5.2.8. format and structure of the electronic form of the preliminary decision on the origin of goods, the decision to amend the preliminary decision on the origin of goods;
5.2.9. form and procedure for filling out on paper an application for a preliminary decision on the origin of goods, a decision to refuse to consider an application for a preliminary decision on the origin of goods, a decision to refuse to make a preliminary decision on the origin of goods, a decision to terminate a preliminary decision on the origin of goods , decisions to revoke a preliminary decision on the origin of goods, format and structure of the electronic form of these documents;
5.2.10. the procedure for actions of officials of customs authorities during customs control of the customs value of goods imported into the Russian Federation or exported from the Russian Federation, including the procedure for actions of officials of customs authorities when changing the information declared in the customs declaration in connection with a change in customs value;
5.2.11. form, format and structure of confirmation of payment of customs duties and taxes;
5.2.12. form, format and structure of an application for the offset of funds paid as advance payments against a cash deposit, an application for the use of advance payments in connection with the receipt of a notification (clarification to the notification) about the amounts of customs duties, special, anti-dumping, unpaid on time, countervailing duties, interest and penalties, applications for offset of advance payments against the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties in accordance with Article 204 of the Federal Law “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”, as well as the procedure for submitting these applications by the person who made the advance payments;
5.2.13. the form, format and structure of the application for a report on the expenditure of funds made as advance payments, as well as the procedure for submitting such an application by the person who made the advance payments;
5.2.14. the form, format and structure of the report on the expenditure of funds made as advance payments, as well as the procedure for submitting this report by the customs authority;
5.2.15. the form, format and structure of the reconciliation report on the expenditure of funds made as advance payments, as well as the procedure for conducting such reconciliation and the procedure for submitting the reconciliation report;
5.2.16. the form, format and structure of the application for the return of advance payments, as well as the procedure for submitting the said application;
5.2.17. form, format and structure of the notice of refusal to return advance payments;
5.2.18. form, format and structure of the customs authority’s decision on the return of advance payments;
5.2.19. an application form for granting a deferment or installment plan for the payment of import customs duties and taxes, the format and structure of such an application in the form of an electronic document, the procedure for filling it out, as well as a list of information to be indicated in such an application, and the procedure for considering such an application;
5.2.20. the form, format and structure of the decision to grant a deferment or installment plan for the payment of import customs duties and taxes, the schedule for the phased payment of amounts of import customs duties and taxes, as well as the form, format and structure of the decision to refuse to grant a deferment or installment plan for the payment of import customs duties and taxes;
5.2.21. the form, format and structure of the decision to cancel the decision made to grant a deferment or installment plan for the payment of import customs duties and taxes, as well as the procedure for its adoption;
5.2.22. form, format and structure of the customs receipt, the procedure for filling it out, the procedure for sending it to payers and (or) other persons who provided security for the fulfillment of the obligation to pay customs duties, taxes, the fulfillment of the obligation to pay special, anti-dumping, countervailing duties, the fulfillment of the duties of a legal entity carrying out activities in the field of customs affairs, performance of duties of an authorized economic operator, to the person who provided general security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties (hereinafter referred to as general security), customs receipts through a personal account;
5.2.23. the procedure for declarants to provide information on the value of assets;
5.2.24. the procedure for actions of customs officials when recording and monitoring the use of general security through the information system of customs authorities;
5.2.25. the form, format and structure of the application for submission of a report on the use of general security in the form of an electronic document, as well as a list of information to be indicated in the application, the procedure for filling it out and submitting it to the customs authority;
5.2.26. the form, format and structure of the report on the use of the general security, the procedure and timing of its sending to the person who provided the general security, in the form of a document on paper or an electronic document through a personal account;
5.2.27. the procedure for acceptance by customs authorities of a guarantee in the form of an electronic document, transfer by guarantors to customs authorities, as well as by customs authorities to guarantors of electronic documents signed with an enhanced qualified electronic signature, provided for in Article 62 of the Federal Law “On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts” Russian Federation", formats, composition and structure of such electronic documents;
5.2.28. format and structure of the register of banks that have the right to issue bank guarantees, applications for inclusion in the specified register, for exclusion from the specified register, as well as for making changes to this register;
5.2.29. the form, format and structure, as well as the procedure for sending a notification about the return (offset) of overpaid or overcharged amounts of customs duties, taxes and other payments, the collection of which is entrusted to the customs authorities;
5.2.30. the form, format and structure, as well as the procedure for submitting an application for payment of interest;
5.2.31. the form, format and structure of the application for offset of the cash deposit in the form of an electronic document, the list of information to be indicated in such an application, the procedure for filling it out and submitting it to the customs authority, as well as the procedure for considering such an application and informing the applicant about the refusal to offset the cash deposit;
5.2.32. the form, format and structure of the application for termination of the use of general security deposited in the form of a cash deposit, in the form of an electronic document, a list of information to be indicated in such an application, the procedure for filling it out and submitting it to the customs authority, as well as the procedure for considering the application, format and structure notices of refusal to offset cash collateral;
5.2.33. form, format and structure of the notification (clarifications to the notification) about the amounts of customs duties, special, anti-dumping, countervailing duties, interest and penalties not paid on time;
5.2.34. the form, format and structure of the calculation of customs duties, taxes levied at uniform rates, as well as the procedure for drawing up such a calculation and making changes to it;
5.2.35. the form, format and structure of the decision of the customs authority to collect funds from accounts in an indisputable manner;
5.2.36. formats and structures of instructions for the transfer of funds from a deposit account to the settlement (current) account of the payer (person bearing joint and several liability) and orders for the sale of precious metals and transfer of funds from the sale of precious metals to the settlement (current) account of the payer (person bearing joint and several liability) in agreement with the Central Bank of the Russian Federation;
5.2.37. forms, formats and structures of the customs authority’s order for undisputed collection, customs authority’s order for the transfer of electronic funds, customs authority’s order for the sale of foreign currency, decision to revoke the customs authority’s order for undisputed collection, collection order (customs authority’s order for the transfer of electronic money ) in agreement with the Central Bank of the Russian Federation;
5.2.38. format and structure of the request for payment of a sum of money under a bank guarantee or surety agreement;
5.2.39. form, format and
About service in the customs authorities of the Russian Federation
In accordance with the Federal Law on Veterans dated January 12, 1995 N 5-FZ
Article 7. Labor veterans
1. Labor veterans are persons:
1) having a Labor Veteran certificate;
2) awarded with orders or medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia in labor and having the length of service necessary to grant an old-age or long-service pension; persons who began working as a minor during the Great Patriotic War and have a work experience of at least 40 years for men and 35 years for women.
4. The procedure and conditions for conferring the title Veteran of Labor are determined by the laws and other regulatory legal acts of the constituent entities of the Russian Federation.
In the Belgorod region, an awarded citizen has the right to be awarded the title “Veteran of Labor”. Medal for service in customs authorities, III degree.
Approved by Decree of the Governor of the Belgorod Region dated June 9, 2006 N 81
LIST OF AWARDS AND DEPARTMENTAL INSIGNIA IN LABOR GIVING THE RIGHT TO BE AWARDED THE TITLE VETERAN OF LABOR
60. State Customs Committee of the Russian Federation 60.1. Medal For Diligence.
60.2. Medal For Service in Customs Authorities, 1st Class.
60.3. Medal for service in customs authorities, II degree.
60.4. Medal for service in customs authorities, III degree.
60.5. Badge of Excellence of the Customs Service of the Russian Federation.
60.6. Certificate of honor from the State Customs Committee of the Russian Federation.
However, in the Khanty-Mansiysk Autonomous Okrug, a medal for service in customs authorities of the third degree does not give the right to AWARD THE TITLE OF LABOR VETERAN, only the Medal for Service in Customs Authorities of the 1st degree gives the right.
About the procedure for assigning titles
Veteran of Labor and Veteran of Labor
Khanty-Mansiysk Autonomous Okrug - Ugra
List of awards, honorary titles of departmental insignia in labor of the Russian Federation, which are the basis for conferring the title Veteran of Labor and providing social support measures to labor veterans
In accordance with the Law of the Khanty-Mansiysk Autonomous Okrug - Ugra dated November 7, 2006 No. 115-oz On measures of social support for certain categories of citizens in the Khanty-Mansiysk Autonomous Okrug - Ugra, the procedure for conferring the titles Veteran of Labor and Veteran of Labor of the Khanty-Mansiysk Autonomous Okrug - Ugra and issuance of certificates are established by the Government of the Khanty-Mansiysk Autonomous Okrug - Ugra.
Decree of the Government of the Khanty-Mansiysk Autonomous Okrug - Ugra dated June 26, 2006 No. 142-p On the Procedure for conferring the titles Veteran of Labor, Veteran of Labor of the Khanty-Mansiysk Autonomous Okrug - Ugra and issuing certificates, it is established that: the title Veteran of Labor is awarded to persons awarded orders and medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia in labor and having a work experience of at least 20 years for women and 25 years for men or the length of service necessary to grant a pension for long service; persons who began working as a minor during the Great Patriotic War and have a work experience of at least 40 years for men and 35 years for women.
List of awards, honorary titles of departmental insignia in labor of the Russian Federation, which are the basis for conferring the title Veteran of Labor and providing social support measures to labor veterans.
Departmental medals, honorary titles, insignia, badges, badges, paragraph 8) medal For service in customs authorities, 1st degree.
My question is whether this is a violation of my constitutional rights. Why is it that in one subject of the Russian Federation, having a medal for service in customs authorities of the third degree does not give the right to AWARD THE TITLE OF LABOR VETERAN, but in another subject this is possible.
Article 7 of the Federal Law “On Veterans” states that labor veterans include certain categories of persons, including persons awarded departmental insignia in labor and who have the length of service necessary to grant an old-age or long-service pension.
Federal Law of July 21, 1997 No. 114-FZ
1. The head of the Federal Customs Service is appointed and dismissed from office by the Government of the Russian Federation.
The head of the Federal Customs Service has deputies, the number of which is established by the Government of the Russian Federation.
(Clause as amended, entered into force on July 28, 2008 by Federal Law of June 26, 2008 No. 103-FZ. - See previous edition.)
2. Deputy heads of the Federal Customs Service are appointed and dismissed by the Government of the Russian Federation on the proposal of the head of the Federal Customs Service (clause as amended, put into effect on July 28, 2008 by Federal Law of June 26, 2008 No. 103-FZ, - see .previous edition).
2.1. The heads of regional customs departments, customs houses and customs posts are appointed and dismissed by the head of the Federal Customs Service (the clause was additionally included on July 28, 2008 by Federal Law of June 26, 2008 No. 103-FZ).
3. Other employees of customs authorities are appointed and dismissed by order of the head of the relevant customs authority.
4. An employee of a customs authority, with his consent, for a period of up to three months may be entrusted with the performance of duties in a position, the appointment to which is made by order of the head of a higher customs authority (clause as amended, entered into force on July 28, 2008 by the Federal Law of June 26, 2008 No. 103-FZ, see previous edition).
5. When a customs authority employee is dismissed in connection with the liquidation of a customs authority or a reduction in the number or staff of customs authority employees (hereinafter referred to as an organizational and staffing event), he is, with his consent, placed, with his consent, at the disposal of the head of the customs authority for a period of up to three months, with retention of monetary allowance .
The period of stay of a customs authority employee at the disposal of the head of the customs authority does not include the time of illness or his presence on regular or additional vacations.
6. A customs authority employee who has committed a violation of official duties may be temporarily, for no more than one month, suspended from performing official duties while maintaining his pay. The decision to remove the specified employee from the performance of official duties is made by the head of the customs authority who appointed him to the position, the head of a higher customs authority who appointed him to the position, or the head of the Federal Customs Service (paragraph as amended, put into effect on July 1, 2004 by the Federal Law of June 29 2004 No. 58-FZ, see previous edition).
The paragraph additionally included on July 1, 2004 by Federal Law of June 29, 2004 No. 58-FZ, became invalid on July 28, 2008 - Federal Law of June 26, 2008 No. 103-FZ. – See previous edition.
