The Constitutional Court of the Russian Federation supported the position of Inmar legal ltd. representing client’s interests in a dispute with customs authority

Inmar legal ltd. appealed to the Constitutional Court of the Russian Federation with a request to verify accordance of certain norms of the Customs Code of the Customs Union to the Russian Constitution.

The Constitutional Court of the Russian Federation noted that current customs regulations should be based on the legal principle of maintaining public confidence in law, which is expected to provide reasonable stability of legal regulation.  Court also pointed out that questioned provisions of the Customs Code of the Customs Union (retroactive imposition of obligation on legal entities to pay interest on tax installment from which legal entities were previously exempt) cannot be applied on the territory of the Russian Federation without taking into consideration specified legal positions of the Constitutional Court of the Russian Federation.

According to the act of constitutional review judicial authority and taking into consideration clear and principled position of Inmar legal ltd., the Federal Arbitration Court of the Far Eastern region, to which company appealed, annulled judicial acts of the first appellate court and satisfied all claims of the company. In particular Vladivostok Customs refusal to return money was annulled and customs was obliged to return more than 2.3 million rubles to the company. This decision is a precedent, because judicial decisions in relation to other few companies caught in a similar situation were negative.

More information: Fishnews.ru