Changes are regulated by the Decree of the President of the Republic of Belarus February 11, 2016 No. 40, which amended the Decree of the President of the Republic of Belarus dated July 21, 2014 No. 360 “On moving across the customs border Customs Union goods for personal use in the Republic of Belarus”.
Who will have to pay the fee?
To a citizen who received a parcel or several within one month, total cost which exceeds 22 euros and/or total weight exceeds 10 kg. These limits do not apply to ethyl alcohol, alcoholic beverages, beer - their forwarding by mail, as before, is prohibited.
Those who travel abroad more than once every three months and, upon returning to Belarus, import goods with a total value of more than 300 euros and / or a total weight of more than 20 kg will also have to pay. According to the statistics of Belstat and the State Customs Committee, in 2015 only 30% of citizens entering Belarus declared goods worth more than 300 euros, which means that even after the entry into force of Decree No. 40 most likely you won't have to pay anything.
The number of goods imported or received by mail from abroad does not play any role, customs pays attention to the total value and total weight. If we are talking about a parcel, the delivery fee is not included in the customs value.
How is the cost of the goods and the date of its receipt when sent by mail determined?
The customs value is calculated based on the amount indicated by the sender on the envelope. If it is not indicated or its reliability is questionable, then, as the press service of the State Customs Committee explained, the cost estimate is given directly at the customs. For example, they use catalogs that contain similar products with prices.
The date of receipt of the parcel is fixed not on the day when you decided to pick up the parcel at the post office, but on the day when the shipment was in customs in temporary storage.
Be careful: if you ordered a parcel before April 14, 2016, but it arrived at the Belarusian customs after this date, that is, from the moment of Decree No. 40, and will cost more than 22 euros or weigh more than 10 kg, you will have to pay a fee. Decree No. 40 comes into force only two months after the official publication - so that citizens who previously ordered parcels more expensive than 22 euros or heavier than 10 kg can receive them before the new limits start and do not pay a fee.
What are the exceptions to the payment of duty for the import of goods?
If you are traveling by plane, you do not need to pay duty on purchased goods, even if they do not fit into the limit - it is considered that the risk of importing goods in this case is minimal.
Used goods previously exported from the country are not subject to duty: if you take a phone, camera, laptop and other things with you when traveling abroad, you will not be required to pay duty when you return home.
Also, the duty is not paid by those who move to Belarus for permanent residence, refugees upon presentation of the relevant documents when entering goods in accompanied baggage. If there are no such documents, goods can be stored at the place of residence and documents can be submitted later, within 60 days from the date of registration of documents.
Do I need to pay duty on goods if they are not bought, but received as a gift?
The norms of Decree No. 40 apply to all goods imported into Belarus for personal use, respectively, for gifts received by mail or imported from abroad, you will also have to pay a fee if there are excess limits on price and weight:
“Otherwise, everyone will say that this or that product is not a purchase, but received as a gift,” explained the press service of the State Customs Committee.
How is the fee calculated and paid?
For exceeding the limits, you will have to pay 30% of the cost of the goods, but not less than 4 euros for each kilogram. The duty is not calculated on the entire value of the goods, but on the share that exceeds the limit. For example, upon receipt of a parcel worth 50 euros, a 30% duty will be calculated on an excess of 28 euros (50 euros for the value of the goods minus 22 euros for the limit).
When importing goods, duty is paid at the border. When they are received by international mail, an invoice for the payment of the fee will be issued directly at the post office upon receipt of the parcel.
Why are the limits on goods from abroad reduced, even so significantly?
– The reason for taking measures to reduce the limits was a significant increase in the volume of imports of goods on a commercial scale to individuals without paying customs duties. Decree adopted in order to create a barrier to movement individuals commercial consignments of goods, - the press service of the State Customs Committee of the Republic of Belarus reported.
According to the statistics of the State Customs Committee, over the past three years, the number of parcels from abroad has increased six times. In 2013, Belarusians received 1.9 million foreign parcels, in 2014 - about 6.3 million, in 2015 - already 11.8 million. At the same time, only 10% of Belarusians receive parcels from abroad.
Number of impressions: 1904
From April 14, new norms for duty-free import of goods will come into force in Belarus. This is provided for by Decree No. 40, which was signed on February 11. So far, you can receive duty-free parcels from abroad no more than 200 euros per month and weighing up to 31 kg. Soon these restrictions will be reduced to 22 euros and 10 kg. Those who travel abroad more than once every three months and return with goods worth more than 300 euros or heavier than 20 kg will also have to pay customs duties. If foreign trips happen less than once every three months, then you can import duty-free goods in the amount of 1,500 euros and weighing up to 50 kg.
The innovations caused a lot of questions from our readers, we asked the head of the department of the organization to answer the most common of them customs control State Customs Committee of Sergey FEDOROV.
What do you need to know to receive a parcel?
Why are such norms introduced: 22 euros, and not 100 or 2? N. Sergacheva, Minsk.
The decree was adopted to prevent attempts by citizens to move commercial parties under the guise of goods for personal use. We analyzed import norms in neighboring countries, the countries of the Eurasian Economic Union, the CIS, Canada and China. We looked at how international postal items (IGOs) go to Belarus. By the way, Belarusians mostly receive parcels (with purchases, gifts), which fit well into 10 kg and 22 euros. In addition, in a number of EU member states, for example, in Belgium, the Czech Republic, Italy, Finland, Slovakia, Germany and others, the rate of duty-free shipments is 22 euros. In Sweden and France, all IGOs, regardless of cost, are subject to VAT. By the way, in China this norm is 7 euros. Therefore, the reduction of the rate of duty-free import in our country is quite natural.
How will the customs authorities determine the value of what was sent from abroad and what payments will follow? P. Trubnik, Gomel.
The calculation is made based on the declared value of the IGO, which was indicated by the sender. If it is not there or it is incorrect, the inspector determines the cost according to the available price information for similar products, as well as for various online catalogs. If the limit of 22 euros and 10 kg is exceeded, the addressee will pay 30 percent of the excess amount (but not less than 4 euros per kg), as well as a fixed rate of 5 euros - customs duty. For example, for a parcel of 50 euros and weighing 2 kg, duties and taxes will be: (50 - 22) x30 percent. This is 8.4 euros. Plus 5 euros, we get 13.4. The recipient will be notified that they need to be paid, payment is made at the post office in Belarusian rubles upon receipt of the parcel.
What if the parcel is not sent by mail, but through the expedited delivery service? Let's say UPS. I.Pastushenya, Dobrush.
Goods delivered by express carriers are subject to similar duty-free rules. At the same time, the customs operations themselves are somewhat different. The operator or the owner of the temporary storage warehouse notifies the person about the goods that have arrived. The recipient then submits a passenger declaration to the customs clearance point. In Minsk (upon delivery by air) it is located at the National Airport. If the duty-free limit is exceeded, you will also have to pay extra. By the way, you can use the services of a customs representative who will arrange the express cargo himself.
Relatives sent the Belarusian an expensive gift. Should it also be no more than 22 euros? Do I need a check and what if not new things, equipment are sent? O. Chebuk, Brest.
The inspector is obliged to make a customs assessment and determine the value of the goods - this is the generally accepted procedure for the work of customs authorities throughout the world. And whether it is a new product or not, the employee will determine by the labels, appearance and so on. We recommend that you attach documents to determine the value, say, a check. This will significantly reduce the time of customs operations, and the addressee will receive the parcel faster. By the way, Decree No. 40 does not exclude the possibility of receiving duty-free money that was sent in letters with a mandatory value of up to $200.
Is it possible to receive several parcels per month if they are not more expensive than 22 euros and not heavier than 10 kg? P. Tverdokhlebov, Minsk.
It is possible if this limit is not exceeded in total.
What to do with parcels that are already ordered and which can take 3 - 6 months? And what norms will generally be applied to IGOs ordered before the adoption of the decree, but arrived in Belarus after it came into force? R. Cherenko, Lida.
The Decree on this matter clearly defines: the import norms are applied from the date of registration of the parcel in the temporary storage warehouse. If the shipment arrived and was registered in the warehouse before April 14, then the previous provisions apply.
“Innovations will reduce violations of tax and business laws, we are told. But what about all the people here? - asks Julia from Stolin. - Now it will be more profitable to buy in Belarusian online stores, but this way is much more expensive. What exactly did I do wrong when I want to buy a handbag for 40 euros on AliExpress, and why can't I order a phone case, which we sell three times more expensive? In addition, there is something that is simply not produced in Belarus.”
The decree is primarily aimed at excluding the import of commercial parties. Of course, this step is also the protection of the economic interests of the country, we stimulate foreign producers with duty-free imports. In 2015, more than 90 percent of our citizens did not receive any international parcels. Each of the 250 thousand Belarusians received more than 10 international parcels from online stores, 2.5 thousand - over 100. These goods are for sale. As for the specific handbag for 40 euros, in the end it will cost you somewhere around 50.4 euros. For low-value goods, such as a phone case, the possibility of duty-free shipping is retained.
Will innovation affect postal items From Russia? S.Malets, Grodno
No, they won't touch.
By the way
A study by customs authorities last year showed that more than 70 percent of parcels are online purchases.
THE DECREE DOES NOT APPLY
For goods imported into Belarus by air, employees of diplomatic missions, citizens who received an inheritance outside the Eurasian Economic Union, refugees, internally displaced persons, people entering for permanent residence, as well as for those goods that were exported from the country and imported back.
Import of goods in questions and answers
What should be done in order not to break the law if a person crosses the border more than once every three months and carries with him goods more expensive than 300 euros or heavier than 20 kg? What goods in general and how should they be declared when traveling abroad?
If a citizen does not know what the import standards are and doubts how to proceed, it is better to declare everything. The customs declaration can be filled out both before the trip in electronic form (on the website of the State Customs Committee), and already at customs. Here you are leaving with a camera, a laptop - it is better to declare when exporting. Then, upon returning in a disputable situation, you will not have to prove that all this was not bought, but simply returned home. Especially if you are planning to buy something abroad. Although in my 20 years of practice, I have not heard of cases where customs officers (even without declarations filled out at the exit) were forced to prove that what was imported back was not a foreign purchase.
Upon returning, if you are in doubt whether you are complying with the norm or not, it is better to stand in the red channel and declare the goods, indicating the weight and value. If this is not your first trip in three months, but the value of the imported goods is more than 300 euros (or the weight is over 20 kg), then duty, VAT (20 percent) and a fee for customs clearance.
If citizens want to import duty-free goods for personal use, for example, household appliances more expensive than 300 euros, this can be done after three months from the date of the last trip. The limits of 1,500 euros and 50 kilograms remain the same.
Let's calculate: a person enters abroad for the second time in three months and carries a computer for 250 euros, a vacuum cleaner for 100. Or a washing machine for 250 euros and weighs 32 kg. How much will you have to pay at customs?
Consider the option: a computer and a vacuum cleaner. Since the total value is more than 300 euros, then one product of a person’s choice must be declared with payment of customs duties. In this case, not a passenger ticket is served customs declaration and the goods declaration. When declaring a computer, the amount of customs payments will be 100 euros: this is a customs fee of 50 euros and the same amount of value added tax, customs duty - 0 euros. If you declare a vacuum cleaner with a power of not more than 1,500 W, with a volume of not more than 20 liters, then you need to pay 76 euros: customs duty - 50 euros, duty - 5 euros (5 percent rate) and 21 euros VAT. From a washing machine for 250 euros and a weight of 32 kg, you need to pay customs payments in the amount of 130 euros: customs duty - 50 euros, duty (10 percent rate) - 25 euros, VAT - 55 euros.
- Is the goods bought in duty-free shops included in the norms of 20 kg and the price limit?
Included. This product is no different from any other. Again, if you drive less than once every three months, you can buy up to 1,500 euros and weighing up to 50 kg. But with restrictions on the purchase of alcohol and tobacco.
- Is it enough to confirm the value of the goods when importing a check?
The mechanism is the same as for transfers. To confirm the cost, you can submit, for example, a specification, a proforma invoice, a sales receipt, a receipt for payment, an inventory of property.
Suppose: a person returns from abroad lightly, without luggage. Does this trip count and will the limit be reduced in the next three months?
Yes, such a trip will be taken into account, because any border crossing involves the movement of goods, even in a small volume. Let's say I'm a driver of a cargo company and went on a business trip abroad. In two months, when I go on vacation, I must take into account that purchases for personal use will include purchases of no more than 300 euros and no more than 20 kg. Unless, of course, I use air transport, to which the norms of the 40th Decree do not apply.
- How about a person who moves to Belarus?
Right. As he rides for permanent residence, then his baggage goes under the usual import rules, that is, without new restrictions. Of course, when a person submits a passenger declaration, he must have confirmation that he is moving to a permanent place of residence. Although each case is considered and controlled individually, because in certain situations a migrant simply does not have time to wait for permits.
Can customs officials offer to pay, for example, for used shoes, coats, perfumes, a phone or laptop that a traveler takes with him on a trip abroad? How to prove that it all just comes back home?
For used items that are imported back, worth up to 1,500 euros and weighing up to 50 kg, the provisions of the decree do not apply.
Are all issues related to the 40th Decree settled with all parties? Will there be any other innovations?
All issues have been resolved. It remains only to explain to the citizens the provisions of the new normative act. By the way, the mechanism, which is established by the decree, in some cases was previously used by the customs authorities.
Why not make it better to identify illegal sellers? Do you really think that those who took for sale will stop doing it? They will carry the goods through Russia.
I believe that the tax and other regulatory services are working and performing their functions. As for Russia, we are already discussing with our colleagues from the EEC the possibility of reducing duty-free importation of goods for personal use throughout the Eurasian Economic Union.
DIGIT "SB"
Four years ago, Belarus received about 3,000 parcels a day, now this figure can reach up to 50,000.
Lyudmila Gladkaya, "Soviet Belarus" No. 44 (24926) dated March 10, 2016
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. Introduce the following amendments and additions to the Decree of the President of the Republic of Belarus dated 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”:
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" add the 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. no collateral required customs duties, taxes in relation to:
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 the customs procedure of customs transit, subject to submission by an individual moving to a permanent place of residence in the Republic of Belarus, in customs Department in which the release of goods is carried out with the aim of placing under this customs procedure, documents confirming the resettlement or indicating the intention of an 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 submission 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 across the customs border of the Eurasian Economic Union in the Republic of Belarus by individuals in accompanied and unaccompanied baggage more than once every three calendar months, if the customs value of such goods exceeds an amount equivalent to 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 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
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 ViktorovichAbilova 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
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