Decree 40 on changing the threshold of the customs limit. Goods from abroad without duty: you won’t take much. As well as for a person who moves to Belarus

DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

On introducing amendments and additions to the Decree of the President of the Republic of Belarus

1. Include in the Decree of the President of the Republic of Belarus dated July 21, 2014 No. 360 “On the movement across the customs border Customs Union goods for personal use in the Republic of Belarus” the following changes and additions:

1.1. in the title and preamble the words "Customs Union" shall be replaced by the words "Eurasian Economic Union";

1.2. in paragraph 1:

in subparagraph 1.1: in part one:

the words "or", "200 euros" and "31 kilograms" shall be replaced respectively by the words

“and (or)”, “22 euros” and “10 kilograms”;

after the words "such goods" and " total weight» complete part with words

"In total";

in subparagraph 1.2 the words "Customs Union" shall be replaced by the words "Eurasian Economic Union";

in subparagraph 1.3 the words "a member state of the Customs Union" shall be replaced by the words

"a member state of the Eurasian Economic Union"; subparagraph 1.5 shall be stated in the following wording:

“1.5. it is not required to provide security for the payment of customs duties and taxes in respect of:

goods for personal use moved across the customs border of the Eurasian Economic Union in the Republic of Belarus in accompanied baggage, to individuals moving to a permanent place of residence in the Republic of Belarus, as well as to individuals who have been granted refugee status in the Republic of Belarus, when placing such goods in cases determined by the customs legislation of the Customs Union, under customs procedure customs transit, subject to the submission by an individual moving to a permanent place of residence in the Republic of Belarus, to the customs authority in which the goods are released in order to place under this customs procedure, documents confirming the resettlement or indicating the intention of the individual to move to a permanent place of residence in the Republic of Belarus, referred to in subparagraphs 4.1 and 4.3 of paragraph 4 of the annex to this Decree, or subject to the submission by an individual who has been granted refugee status in the Republic of Belarus, to the specified customs authority of the document referred to in subparagraph 4.2 of paragraph 4 of the annex to this Decree;

vehicles for personal use, registered on the territory of foreign states, temporarily imported into the Republic of Belarus by diplomatic workers and employees of the administrative and technical staff of diplomatic missions and consular institutions of the Republic of Belarus and members of their families cohabiting with them, as well as employees of missions government organizations subordinate to the Government of the Republic of Belarus and located outside the customs territory of the Eurasian Economic Union;”;

in paragraphs three and four of sub-clause 1.9 the words "Customs Union" shall be replaced by the words "Eurasian Economic Union";

in subparagraph 1.10: in part one:

in the first paragraph, the words "Customs Union" shall be replaced by the words "Eurasian Economic Union";

in paragraphs two and three, the words "territory of the Customs Union" shall be replaced by the words "territory of the Eurasian Economic Union" in the appropriate case;

in part two, the words "border of the Customs Union" shall be replaced by the words "border of the Eurasian Economic Union";

in subparagraph 1.15 the words "border of the Customs Union" shall be replaced by the words "border of the Eurasian Economic Union";

in subparagraph 1.16 the words "territories of the Customs Union" shall be replaced by the words

"territories of the Eurasian Economic Union";

supplement the paragraph with subparagraph 1.18 of the following content:

“1.18. goods for personal use do not include goods imported through the customs border of the Eurasian Economic Union in the Republic of Belarus individuals in accompanied and unaccompanied baggage more than once every three calendar months, if the customs value of such goods exceeds the equivalent of 300 euros and (or) the total weight exceeds 20 kilograms.

The operation of the first part of this subparagraph does not apply to:

goods imported by air, as well as those imported with exemption from customs payments in accordance with Chapter 45 of the Customs Code of the Customs Union, paragraphs 2-6, part one of paragraph 7, paragraphs 8-10 of Appendix 3 to the Agreement on the procedure for the movement of goods by individuals for personal use across the customs border of the Customs Union and customs operations related to their release dated June 18, 2010 and other international treaties of the Republic of Belarus;

used goods imported back in an unchanged state, except for changes due to natural wear and tear or natural wastage under normal conditions of transportation (transportation), storage and (or) use (operation), without confirmation of their export outside the customs territory of the Eurasian Economic Union, customs the value and total weight of which do not exceed the cost and weight (quantitative) norms established in paragraph 1 of Annex 3 to the Agreement on the procedure for the movement of goods by individuals for personal use across the customs border of the Customs Union and the performance of customs operations related to their release, dated June 18 2010.

The goods specified in the first part of this subparagraph are subject to customs declaration.”;

1.3. in sub-clause 4.4, paragraph one of sub-clause 4.6, paragraphs one and three of sub-clause 4.8 of clause 4 of the Appendix to this Decree, the words "Customs Union" shall be replaced by the words "Eurasian Economic Union";

1.4. Paragraph three of sub-clause 4.8 of clause 4 of the appendix to this Decree after the word "other" shall be supplemented with the words "documents and information determined by the State Customs Committee".

2. The Council of Ministers of the Republic of Belarus within two months to take measures to implement this Decree.

3. The State Customs Committee to ensure that citizens are widely informed through the media about the measures provided for by this Decree.

4. This Decree shall enter into force in the following order:

paragraph 1 - two months after the official publication of this Decree; other provisions of this Decree - after its official publication.

The president Republic Belarus A. Lukashenko

February 11. Presidential Decree No. 40 of February 11 sharply restricts duty-free import international parcels. In addition, the rate of duty-free importation of goods for citizens crossing the border more than once a quarter has been reduced. It has been established that customs payments are not paid in respect of goods for personal use sent in international postal items during a calendar month to one individual, if the customs value of such goods in the aggregate does not exceed an amount equivalent to 22 euros, and the total weight in the aggregate does not exceed 10 kilograms (previously 200 euros and 31 kilograms respectively).

In addition, changes have been made to the procedure for moving goods for personal use through road and rail checkpoints. "The current norm - 1,500 euros and 50 kilograms of duty-free import - remains in effect. But if citizens cross the border more often than once every three months, then goods in excess of 300 euros will not be recognized customs authorities goods for personal use. They will be subject to customs clearance in general order with payment of customs duties," said Vladimir Orlovsky, deputy chairman of the State Customs Committee. The decree comes into force two months after its official publication.

The Minsk format of talks on Ukraine has fully justified itself, Foreign Minister Volodymyr Makei said before the start of the conference "Minsk Agreements a Year Later: Achievements, Challenges, Lessons." "If all the interested parties had fulfilled the agreements that were reached, I am convinced that the conflict would have been terminated long ago," the head of the Belarusian diplomacy believes. He noted that by offering a platform for negotiations, the official Minsk did not set itself any mercantile goals and did not look for any benefits. "When there is a war, when people are killing each other, such issues are relegated to another plane," he said. "There was only a desire to stop this bloodshed. That's what we were guided by."

The main thing in the work of law enforcement agencies is not statistics, but the reaction of the population, Alexander Lukashenko said at an expanded meeting of the board of the Investigative Committee. We don’t need window dressing,” he said. Statistics reflect the result of law enforcement activities and can serve to analyze its effectiveness, but the main thing is the reaction of the population, the official leader stressed. Lukashenka called on the police and other law enforcement agencies to “be people’s people” and demanded that they do everything necessary to improve the image of the population, proving that they wear shoulder straps to protect people.

Mass poisoning of schoolchildren with an unknown substance occurred in the school of the agricultural town of Ratichi, Grodno region. According to the regional department of the Ministry of Emergency Situations, at 12.26 the ambulance paramedic on duty medical care reported to the service "101" about the mass admission with signs of poisoning of students high school agricultural town. Medical rescuers and chemical rescuers were sent to the scene in a chemical and radiation protection vehicle, specialists from the Grodno gas service and the regional center for hygiene, epidemiology and public health were involved. It turned out that the children who studied on the second floor experienced a sharp deterioration in health (dizziness, nausea, vomiting, increased body temperature and blood pressure). The air measurements for the content of a number of chemicals showed that there is no dangerous concentration, the radiation background is not exceeded. The Center for Hygiene, Epidemiology and Public Health also measures for the presence of harmful substances, the results of which will be known later. In total, 35 students applied for medical help, all of them were taken to the Grodno Regional Children's Clinical Hospital. Four of them are in intensive care. The educational process is suspended.

Dmitry Vlasov, BelaPAN. tags.

RESOLUTION

Moscow city

Case No. А40-159054/2014

The operative part of the resolution was announced on 04.02.2016

The full text of the resolution was made on 11.02.2016

Arbitration Court of the Moscow District

composed of:

presiding judge Vlasenko L.V.,

judges: Zvereva E.A., Komolova M.V.,

when attending the meeting:

from the persons participating in the case: did not appear, were notified,

Having considered on February 4, 2016 in the court session the cassation appeal of Valentina Vasilievna Adonieva

for determination dated 14.09.2015

Moscow Arbitration Court,

issued by Judge Markov P.A.,

to the decision of 10.11.2015

Ninth Arbitration Court of Appeal,

adopted by judges Nagaev R.G., Okulova N.O., Solopova E.A.,

according to the application of Adoneva Valentina Vasilievna on the inclusion of a penalty in the amount of 1,132,678 rubles. to the register of claims of the debtor's creditors,

within the framework of the bankruptcy case of Advanced Technologies LLC,

SET UP:

By the decision of the Arbitration Court of the Krasnodar Territory dated May 26, 2014, Stroy-Ka LLC’s application for declaring Advanced Technologies LLC insolvent (bankrupt) (hereinafter referred to as the debtor) was accepted for processing.

By the decision of the Arbitration Court of the Krasnodar Territory dated September 1, 2014, the rules of paragraph 7 of Ch. 9 federal law dated October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), the case was referred for jurisdiction to the Moscow Arbitration Court.

By the decision of the Arbitration Court of the city of Moscow dated 10/06/2014, proceedings were initiated in case No. A40-159054 / 2014 on the said application.

By the decision of the Arbitration Court of the City of Moscow dated May 20, 2015, a monitoring procedure was introduced in relation to the debtor, the temporary manager Pisarenko M.M. was approved, the corresponding message was published in the Kommersant newspaper dated June 11, 2015 No. 102.

On July 2, 2015, the Arbitration Court of the City of Moscow received an application from Valentina Vasilievna Adonyeva (hereinafter referred to as V. V. Adonyeva) to include a penalty in the amount of 1,132,678 rubles in the register of creditors' claims of the debtor. in the third order of the register of creditors' claims.

By the ruling of the Arbitration Court of the City of Moscow dated September 14, 2015, left unchanged by the decision of the Ninth Arbitration Court of Appeal dated November 10, 2015, the claims were denied.

As seen from the text of the contested judicial acts, the applicant's claims are justified by the fact that the debtor violated the conditions concluded between him and Adonieva The.The. contracts dated 30.12.2011 No. P3-5/25-31.52, No. P3-5/34p-16.7 on equity participation in the construction of an apartment building at the address: Moscow Region, Naro-Fominsk District, s. n. Pervomayskoye, pos. Pervomayskoe, between st. Tsentralnaya and Parkovaya, namely clause 5.1.11 - on the timing of the transfer to participants in shared construction of an object of shared construction in a completed apartment building, in connection with which the applicant charged a penalty in the stated amount.

Refusing to satisfy the stated requirements, the courts proceeded from the fact that the deadline for the transfer of the shared construction object, provided for in clause 5.1.11 of the agreements, had not come.

As the courts pointed out, the term for the transfer of an object of shared construction is determined by clause 5.1.11 of the agreement, which is clear, understandable, does not allow its ambiguous interpretation and contains all the necessary information for calculating the period provided for in Art. Art. , Civil Code Russian Federation(hereinafter - the Civil Code of the Russian Federation); there is no other period than established by clause 5.1.11 of the agreement, agreements signed by the parties on changing the period specified in the agreement in accordance with Part 3 of Art. Law No. 214-FZ "On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation” was not concluded.

Disagreeing with adopted on the dispute judicial acts, Adoneva The.The. appealed to the Arbitration Court of the Moscow District with a cassation appeal, in which she asks to cancel the ruling and decision of the courts, to adopt a new one in the dispute judicial act about meeting the requirements.

In support of the arguments, he refers to the inconsistency of the conclusions of the courts with the actual circumstances and the evidence presented in the case file, insists on the erroneous conclusions of the courts about the absence of violations about the timing of the transfer of the object by the developer.

From the interim manager of the debtor, a response was received containing objections to the arguments of the cassation appeal, as well as a petition for its consideration in his absence.

The persons participating in the case and duly notified of the time and place of the consideration of the cassation appeal did not send their representatives to the court of cassation, which, by virtue of Part 3 of Art. The Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) does not prevent the consideration of a cassation appeal in their absence.

Having studied the case file, discussing the arguments of the appeal and objections to them, checking in accordance with Art. the correctness of the application by the courts of first and appellate instances of the norms of substantive and procedural law, the compliance of the conclusions of the courts with the circumstances established in the case, as well as the evidence available in the case file, does not find grounds for canceling the ruling and decision of the courts in connection with the following.

The courts of both instances, having examined and evaluated the evidence presented by the parties, as well as the arguments and objections of the persons participating in the case, in their totality, guided by the provisions of the current legislation, correctly identified the disputed legal relations, clarified the circumstances of significant importance for the case with sufficient completeness, came to a reasonable and the legitimate conclusion that the deadline for the transfer of the shared construction object, provided for in clause 5.1.11 of the contracts, has not come, and therefore they refused to satisfy the claims in the declared amount.

The court of cassation has no grounds for reassessing these conclusions.

The arguments of the cassation appeal are based on an incorrect interpretation of the rules of law, they are similar to the arguments of the appeal, which were the subject of consideration in the court of appeal and rejected, with which the court of cassation agrees.

The arguments of the cassation appeal, which actually boil down to a repetition of the statements examined and lawfully rejected by the arbitration courts of the first and appellate instances, cannot serve as a basis for canceling the appealed judicial acts, since they do not indicate a violation by the courts of the norms of substantive and procedural law, but only indicate disagreement with the assessment courts of evidence.

The court of cassation is not entitled to reassess the evidence and establish other circumstances that differ from those established by lower courts, in violation of its competence, provided for by Art. Art. , .

Rules of procedural law, non-observance of which is an unconditional basis for the cancellation of the definition and decision in accordance with Part 4 of Art. Section VI. Proceedings for the revision of judicial acts of arbitration courts not violated.

Guided by the articles, - Arbitration Procedure Code of the Russian Federation, the court

RESOLVED:

The decision of the Arbitration Court of the City of Moscow dated September 14, 2015 and the decision of the Ninth Arbitration Court of Appeal dated November 10, 2015 in case No. A40-159054 / 2014 are left unchanged, and the cassation appeal is not satisfied.

presiding judge A.The. Vlasenko

Judges: E.A. Zvereva

M.V. Komolova

Court:

FAS MO (FAS Moscow District)

Plaintiffs:

Abashin Vladimir Viktorovich
Abilova Irina Viktorovna
Adonieva V V
Akimov Evgeny Mikhailovich
Akimova Olga Nikolaevna
Alekseev, R A
Badyautdinova Zinfera Izyatullovna
Berezhnykh E V
Bogdanov Sergey Yurievich
Bokova N Yu
Borisov Alexander Viktorovich
Borisov Dmitry Alexandrovich
Borisova Tatyana Alexandrovna
Borisova Julia Alexandrovna
Borodin Evgeny Anatolievich
Bunos Elena Leonidovna
Bychkova O. A.
Bychkova Olga Alexandrovna
Vasilyeva Galina Petrovna
Volodina Svetlana Viktorovna
Vorobieva, A N
Vorobieva A. N.
Gavryushin Andrey Vyacheslavovich
Galkin Alexey Nikolaevich
Geshov, A P
Grymova T N
Gulina Tatyana Fedorovna
Danilova Tatyana Vladimirovna
Deldyuzhev Sergey Evgenievich
Demina M V
Dolgopolova Evgeniya Viktorovna
Drobot Nikolai Yurievich
Dutova Ksenia Efimovna
Egorova Svetlana Yurievna
Ermishin Vyacheslav Gennadievich
Zhukova Olga Vladimirovna
Zanegin Nikita Viktorovich
Zanegina Maria Igorevna
CJSC MSU-35 Promelektromontazh
Ivanov Alexander Gennadievich
Ivanova Elena Vladimirovna
IFTS of Russia No. 5 for Moscow
Kalinina Irina Viktorovna
Karvenov Nikolai Nikolaevich
Kachalka Ekaterina Viktorovna
Kim Sergey Petrovich
Kirichenko Svetlana Nikolaevna

On April 14, Decree No. 40 comes into force, which changes the rules for the transport of goods from abroad for citizens of Belarus.

"One of the norms established by the decree: a restriction on the import of goods up to 300 euros and 20 kg when moving a person across the border more than once every three months," said the deputy chairman of the State Customs Committee Vladimir Orlovsky.

What is now possible and what is not, we consider on the example of real situations.

In this case, new things can be brought back to the country for a total amount of 1,500 euros and weighing no more than 50 kilograms. Anything more will be subject to tax and duty. Count total cost customs officers will cash receipts that you show them (don't throw away the receipts!). If there are no checks, customs officers will check the cost of things on their own. In practice, they often do this using the Internet on the websites of stores and shopping centers(Question: how long will it take?).

You can bring goods worth 1,500 euros once every three calendar months. That is, if you brought a TV set for 1,500 euros on April 15, then you can do it again without paying duties on July 1.

Situation 2. I have already been abroad once after April 14, brought a TV set for 1500 euros, and now I am going for the second time (earlier than in three calendar months) and from purchases I only have a phone for 299 euros. What will happen?

Nothing. Anything less than 300 euros is not subject to additional taxes and fees. Customs officers will determine the cost of your purchases in the same way as in the first case - by checks or on their own. Nuance - your purchases should not weigh more than 20 kg. If you buy something in Lithuania and plan to pick up Tax Free at the border, then ask the cashier for a copy of the check (the original will be taken along with the Tax Free papers).

Situation 3. I have already been abroad once after April 14, I brought a TV set for 1500 euros, and now I am going a second time (earlier than in three calendar months) and I am bringing a phone for 350 euros. What will happen?

If the customs officers find your new phone, then you will have to pay customs duty for the entire cost of the phone, customs duty and value added tax. For each category of goods, the amounts of these payments are different. But in the end, they can even make up half the cost.

If you were carrying a phone for 299 and new jeans for 30, then you will have to pay for one thing to choose from. It is better to choose jeans.

Situation 4. I have already been abroad once after April 14, I did not bring anything, and now I am going for the second time (earlier than in three calendar months) and I am bringing a phone for 350 euros. What will happen?

The same as in situation No. 3. The fact is that customs does not care at all whether you carried something for the first time or did not carry it. Your legal 1500 euros are burned immediately after the first entry into the country. Even if you didn't buy anything at all.

Situation 5. I forgot that I have goods for more than the allowed amount and food (or I go) through the green corridor. What will happen?

If the customs officers do not check your bags, then nothing. If they check and find there goods totaling more than 300 euros, you will have to pay a fine - from a million to six. AT administrative code there is even a related article. It's called "non-declaring the goods". Moreover, it will no longer be possible to abruptly change your mind and ask for a "red corridor" - you will have to pay a fine, and fees and taxes.

Situation 6. I return to the country with my old, but very expensive laptop (camera, tablet, phone). Will there be problems?

Can be. To avoid it, customs officers are advised to ask for and fill out a declaration when leaving Belarus. If this has not been done, you will have to somehow negotiate with customs officers during your return to the country. They may believe that this is your personal laptop that you have been using for ten years. But if there is not a scratch on it, they may not believe it.

Situation 7. I was in the "Acropolis", got on crazy discounts and bought expensive things at ridiculous prices. What will happen at the border?

If the checks from Akropolis have been preserved, then everything is fine. If not, the customs officers may start checking the true value of your purchases and not the fact that it will match the magical 300 euros. In short, keep your receipts.

Situation 8. I do not want to pay any duties to anyone, what should I do?

Return to Belarus by plane. In this case, no one will consider the cost of your overseas shopping. At the same time, you need to remember that for customs it is only important how you return to the country. How they left - on the ground, in the sky, or on a steamer - she absolutely does not care.

And further important nuance: Customs will not take into account air travel at all. That is, you can go by car once, bring yourself something for 1,500 euros, and then fly for three months and carry whatever you want, in the amount of no more than 10 thousand euros.

Situation 9. I'm going on vacation for a month. On the first day I buy a camera (laptop) there and actively use it. Will such a thing be considered new, or is it no longer?

New. You bought it abroad, but you are a citizen of Belarus and when you return, you take the camera with you. An exception is made only if you have a residence permit in another country. Then you can bring your things duty-free.

Situation 10. I am transporting something, the real value of which no one knows, even the Belarusian customs. What will happen?

If you believe the customs, this can not be in principle. Everything has its price, which can be quickly figured out.

By the way, the limit for the import of goods into Belarus through road and rail checkpoints will include purchases made in duty free shops. Deputy Chairman of the State Customs Committee Vladimir Orlovsky said that there would be exceptions only for employees of diplomatic missions and consular offices. Decree No. 40 of February 11, 2016 will come into force in Belarus from April 14. From this day on, goods exceeding the customs value of 300 euros or 20 kg must be declared if you cross the border more than once every three months.

Minsk, 11 February. Presidential Decree No. 40 of February 11 sharply limited the duty-free import of international parcels.

The document, information about which is posted on the National Legal Internet Portal, amends the Decree of July 21, 2014 No. 360 "On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus."

"It has been established that customs payments are not paid in respect of goods for personal use sent by international mail during a calendar month to one individual located on the territory of the republic, and (or) or imported into the country during a calendar month to one the recipient as goods delivered by the carrier, if the customs value of such goods in the aggregate does not exceed the equivalent of 22 euros, and the total weight in the aggregate does not exceed 10 kilograms (previously 200 euros and 31 kilograms, respectively),” the message says.

The Decree comes into force two months after its official publication.

On November 23, 2015, the Chairman of the Council of the Republic, Mikhail Myasnikovich, at a meeting of the monitoring group to consider draft decrees and laws in the upper house, said that Belarus would insist on imposing VAT on parcels from abroad, which, in his words, “collapsed trade and created problems for industry".

On November 24, the issue of taxation of purchases in foreign online stores was discussed in Moscow at a meeting of the Eurasian Economic Commission, however, some representatives of the EAEU member countries did not support the decision to limit duty-free online shopping. This issue will be discussed in the future, Alexei Likhachev, First Deputy Minister of Economic Development of Russia, said at the time.

On December 14, Deputy Minister of Trade of Belarus Irina Narkevich stressed that the decision to introduce a fee for purchases in foreign online stores should be balanced.

On January 26, 2016, Yuri Senko, Chairman of the State Customs Committee, stated at a press conference that customs Service does not consider it necessary to impose restrictions on the import of parcels from abroad for personal use. "The State Customs Committee sets the task not to lose control over the volume international shipments that go to Belarusian consumers. As for goods for personal use, there are no questions here. This is really a very convenient way to purchase goods without having to travel abroad. We only respond to commercial consignments of goods that are trying to be imported under the guise of personal property. We have our own risk analysis and management system, software to consider the frequency of import by one and the same person of some goods, when it is clear that they are clearly not imported for personal use," Senko said.

According to him, the number of parcels with goods from abroad almost doubled in 2015. "Every year the number of imported international postal items(IGO). In 2013, Belarus received 1.9 million IGOs ​​with commodity investments, in 2014 - 6.3 million, in 2015 - 11.8 million. The bulk of them are items purchased by individuals in online stores in China , Hong Kong, USA," the head of the State Customs Committee said.