Lukashenko has limited the duty-free import of international parcels. Restrictions on foreign parcels. Idea fixe became reality Decree 40 of April 14
From April 14, new rules for duty-free import of goods will come into effect in Belarus. This is provided for by Decree No. 40, which was signed on February 11. For now, you can receive duty-free parcels from abroad no more than 200 euros per month and weighing up to 31 kg. These limits will soon 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 trips abroad occur less than once every three months, then you can import goods worth 1,500 euros and weighing up to 50 kg duty-free.
The innovations raised a lot of questions among our readers; we asked the head of the customs control organization department of the State Customs Committee, Sergei FEDOROV, to answer the most common of them.
What do you need to know to receive your parcel?
Why were these particular standards introduced: 22 euros, and not 100 or not 2? N. Sergacheva, Minsk.
The decree was adopted to prevent attempts by citizens to move commercial shipments under the guise of goods for personal use. We analyzed import standards in neighboring countries, countries of the Eurasian Economic Union, the CIS, Canada and China. We looked at how international postal items (IPO) go to Belarus. By the way, Belarusians mostly receive parcels (with purchases, gifts), which cost 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 IPOs, regardless of cost, are subject to VAT. By the way, in China this norm is 7 euros. Therefore, a reduction in the duty-free import rate in our country is quite natural.
How will customs authorities determine the value of what is sent from abroad and what payments will follow? P. Trubnik, Gomel.
The calculation is made based on the declared value of the MPO, which was indicated by the sender. If it does not exist or is incorrect, the inspector determines the cost using available price information for similar goods, as well as from 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 flat 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) x 30 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 package is not sent by mail, but through an expedited delivery service? Let's say UPS. I. Pastushenya, Dobrush.
For goods delivered by express carriers, similar duty-free import rules apply. At the same time, the customs operations themselves are somewhat different. The operator or owner of the temporary storage warehouse notifies the person about the arrived goods. The recipient then submits the passenger declaration to the customs clearance point. In Minsk (when delivered 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 receipt and what if items and equipment that are not new are being sent? O. Chebuk, Brest.
The inspector is obliged to carry out a customs assessment and determine the value of the goods - this is a generally accepted procedure for the work of customs authorities throughout the world. Whether the product is new or not, the employee will determine by labels, appearance, and so on. We recommend attaching documents to determine the cost, for example, a check. This will significantly reduce the time of customs operations, and the recipient 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 do not cost more than 22 euros and do not weigh more than 10 kg? P. Tverdokhlebov, Minsk.
It is possible if this limit is not exceeded in total.
What to do with parcels that have already been ordered and which may take 3 - 6 months? And what rules will generally apply to MPOs ordered before the adoption of the decree, but arriving in Belarus after it entered into force? R. Cherenko, Lida.
The decree clearly states in this regard: import standards apply from the date of registration of the parcel in the temporary storage warehouse. If the shipment arrived and was registered at the warehouse before April 14, then the previous provisions apply.
“Innovations will reduce violations of tax and business legislation, we are told. However, what does all the people have to do with it? - asks Yulia from Stolin. - Now it will be more profitable to buy in Belarusian online stores, but it is much more expensive. What exactly have I done wrong when I want to buy a handbag on AliExpress for 40 euros, and why can’t I order a phone case that we sell for three times as much? In addition, there are things that are simply not produced in Belarus.”
The decree is primarily aimed at eliminating the import of commercial consignments. Of course, this step is to protect, among other things, the economic interests of the country; with duty-free import we are stimulating foreign producers. In 2015, more than 90 percent of our citizens did not receive international parcels at all. Each of the 250 thousand Belarusians received more than 10 international parcels from online stores, 2.5 thousand - over 100. These goods are intended for sale. As for a 40 euro handbag specifically, in the end it will cost you somewhere around 50.4 euros. For low-value goods, such as a phone case, duty-free shipping is still possible.
Will the innovations affect postal items from Russia? S. Malets, Grodno
No, they won't touch it.
By the way
A customs study last year found that more than 70 percent of parcels were purchased online.
THE DECREE DOES NOT APPLY
For goods imported into Belarus by air, by 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 those goods that were exported from the country and are being imported back.
Import of goods in questions and answers
What should you do in order not to break the law if a person crosses the border more than once every three months and carries with him goods worth more 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 is in doubt about what to do, it is better to declare everything. The customs declaration can be filled out both before the trip in electronic form (on the State Customs Committee website) and already at customs. If you are leaving with a camera or laptop - it’s better to declare it when leaving. Then, upon returning in a controversial situation, you will not have to prove that all this was not purchased, but is simply returning home. Especially if you plan 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 upon departure) were forced to prove that what was imported back was not a foreign purchase.
Upon return, 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 cost. If this is not your first trip in three months, and the value of the imported goods is more than 300 euros (or the weight is over 20 kg), then a duty, VAT (20 percent) and a fee for customs clearance will be charged on the excess goods.
If citizens want to import duty-free goods for personal use, for example, household appliances worth more than 300 euros, this can be done 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 brings a computer for 250 euros, a vacuum cleaner for 100. Or a washing machine for 250 euros and weighing 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 above 300 euros, one product of a person’s choice must be declared with customs duties. In this case, it is not the passenger customs declaration that is submitted, but the declaration for goods. When declaring a computer, the amount of customs duties will be 100 euros: this is a customs duty 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 no more than 1,500 W, a volume of no 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. For a washing machine worth 250 euros and weighing 32 kg, you need to pay customs duties in the amount of 130 euros: customs duty - 50 euros, duty (10 percent rate) - 25 euros, VAT - 55 euros.
- Are goods purchased in duty-free shops included in the 20 kg norm and price limit?
Comes in. This product is no different from any other. Again, if you travel 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.
- When importing, is a receipt sufficient to confirm the value of the goods?
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 payment receipt, an inventory of property.
Suppose: a person returns from abroad lightly, without luggage. Does this trip count and will it reduce the limit 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 small quantities. Let's say I'm a driver for a freight company and went on a business trip abroad. In two months, when I go on vacation, I must take into account that goods for personal use will include purchases worth no more than 300 euros and no heavier than 20 kg. Unless, of course, I use air transport, to which the norms of Decree 40 do not apply.
- As for a person who moves to Belarus?
Right. Since he is traveling for permanent residence, his luggage follows the usual import rules, that is, without new restrictions. Of course, when a person presents a passenger declaration, he must have with him confirmation that he is moving to a permanent place of residence. Although each case is considered and monitored 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, a coat, perfume, a phone or a laptop that a traveler takes with him on a trip abroad? How to prove that it all just comes home?
The decree does not apply to used items that are imported back, costing up to 1,500 euros and weighing up to 50 kg.
Have all issues related to Decree 40 been resolved with all parties? Will there be any other innovations?
All issues have been resolved. All that remains is to explain to citizens the provisions of the new regulatory act. By the way, the mechanism established by the decree has been used by customs authorities in some cases before.
Why not make it better to identify illegal sellers? Do you really think that those who bought for sale will stop doing so? They will transport the goods through Russia.
I believe that the tax and other regulatory services are working and fulfilling their functions. As for Russia, we are already discussing with our colleagues from the EEC the possibility of reducing the norms for duty-free import of goods for personal use throughout the territory of the Eurasian Economic Union.
DIGIT "SB"
Four years ago, about 3 thousand parcels per day arrived in Belarus, now this figure can reach up to 50 thousand.
Lyudmila Gladkaya, “Soviet Belarus” No. 44 (24926) dated March 10, 2016
Minsk, February 11. Presidential Decree No. 40 of February 11 sharply limited duty-free import of international parcels.
The document, information about which is posted on the National Legal Internet Portal, amends Decree No. 360 of July 21, 2014 “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 duties are not paid in respect of goods for personal use sent in international mail during a calendar month to the address of one individual located in the territory of the republic, and (or) or imported into the territory of the country during a calendar month to the address of one recipient as goods delivered by the carrier, 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),” the message says.
The decree comes into force two months after its official publication.
On November 23, 2015, 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, according to him, “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, but some representatives of the EAEU member countries did not support the decision to limit duty-free online trade. This issue will be discussed in the future, said then First Deputy Minister of Economic Development of Russia Alexey Likhachev.
On December 14, Deputy Minister of Trade of Belarus Irina Narkevich emphasized that the decision to introduce a tax on purchases in foreign online stores should be balanced.
On January 26, 2016, Chairman of the State Customs Committee Yuri Senko said at a press conference that the customs service does not consider it necessary to introduce restrictions on the import of parcels from abroad for personal use. “The State Customs Committee sets the task of not losing control over the volume of international shipments that go to Belarusian consumers. As for goods for personal use, there are no questions here. This is indeed a very convenient way to purchase goods without the need to travel abroad. We react only for 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 for considering the frequency of import by the same person of certain goods, when it is clear that they are clearly not being imported for personal use" , - noted Senko.
According to him, the number of parcels with goods from abroad almost doubled in 2015. “The number of imported international postal items (IPO) is growing every year. In 2013, 1.9 million IPO with commodity investments arrived in Belarus, in 2014 - 6.3 million, in 2015 - 11.8 million. Main a portion of them are items purchased by individuals in online stores in China, Hong Kong, and the USA,” said the head of the State Customs Committee.
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 changes 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” should be replaced with the words “Eurasian Economic Union”;
1.2.in paragraph 1:
in subclause 1.1: in part one:
replace the words “or”, “200 euros” and “31 kilograms” with the words
“and (or)”, “22 euros” and “10 kilograms”;
after the words “such goods” and “total weight”, add the words
"In total";
in subclause 1.2 the words “Customs Union” should be replaced with the words “Eurasian Economic Union”;
in subclause 1.3, replace the words “member state of the Customs Union” with the words
“a member state of the Eurasian Economic Union”; Subclause 1.5 should be stated as follows:
"1.5. There is no requirement to provide security for payment of customs duties and taxes in relation to:
goods for personal use transported across the customs border of the Eurasian Economic Union in the Republic of Belarus in accompanied luggage, to individuals moving for permanent residence to the Republic of Belarus, as well as 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 the submission by an individual moving to a permanent place of residence in the Republic of Belarus to the customs authority in which the release of goods is carried out for the purpose of placing under this customs procedure, documents confirming the resettlement or evidence on the intention of an individual to resettle for permanent residence in the Republic of Belarus, named in subparagraphs 4.1 and 4.3 of paragraph 4 of the appendix 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 named in the subparagraph 4.2 clause 4 of the appendix 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 administrative and technical staff of diplomatic missions and consular offices of the Republic of Belarus and members of their families living with them, as well as employees of representative offices of state 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 subclause 1.9, replace the words “Customs Union” with the words “Eurasian Economic Union”;
in subclause 1.10: in part one:
in paragraph one, replace the words “Customs Union” with the words “Eurasian Economic Union”;
in paragraphs two and three, replace the words “territory of the Customs Union” with the words “territory of the Eurasian Economic Union” in the appropriate case;
in part two, replace the words “border of the Customs Union” with the words “border of the Eurasian Economic Union”;
in subclause 1.15 the words “border of the Customs Union” should be replaced with the words “border of the Eurasian Economic Union”;
in subclause 1.16, replace the words “territories of the Customs Union” with the words
“territories of the Eurasian Economic Union”;
add subclause 1.18 as follows:
"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 luggage more than once every three calendar months, if the customs value of such goods exceeds an amount equivalent to 300 euros, and (or) total weight exceeds 20 kilograms.
Part one of this subclause does not apply to:
goods imported by air, as well as imported with exemption from customs duties 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 performance of customs operations related to their release, dated June 18, 2010 and other international treaties of the Republic of Belarus;
used goods imported back in unchanged condition, except for changes due to natural wear and tear or natural loss under normal conditions of transportation (shipment), storage and (or) use (operation), without confirmation of their export outside the customs territory of the Eurasian Economic Union, customs the cost 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 by individuals of goods 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 part one of this subparagraph are subject to customs declaration.”;
1.3. in subclause 4.4, paragraph one of subclause 4.6, paragraphs one and three of subclause 4.8 of clause 4 of the appendix to this Decree, replace the words “Customs Union” with the words “Eurasian Economic Union”;
1.4.paragraph three of subclause 4.8 of clause 4 of the appendix to this Decree after the word “other” should 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, take measures to implement this Decree.
3. The State Customs Committee should ensure widespread information to citizens through the media about the measures provided for by this Decree.
4. This Decree comes 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
11:36 / 14.04.2016
On April 14, 2016, Decree of the President of the Republic of Belarus dated February 11, 2016 No. 40 entered into force, which amends and supplements the Decree of the President of the Republic of Belarus No. 360 dated July 21, 2014 “On the movement of goods for personal use across the customs border of the Customs Union in the Republic of Belarus”. use."The provisions of the normative act determine the specifics of the movement by individuals of goods for personal use, including those sent by international mail and delivered by carriers. New standards have been adopted to prevent citizens from moving commercial consignments of goods.
Deputy Chairman of the State Customs Committee of the Republic of Belarus Vladimir Nikolaevich Orlovsky told reporters about what has changed in connection with the issuance of the decree.
Parcels from abroad
– According to the innovations in Belarus, during a calendar month, without paying duties and taxes, it will be possible to receive postal items worth up to 22 euros and weighing up to 10 kilograms. For goods that exceed the specified standards, customs duties and taxes will be charged at the previously existing rate of 30% of the cost, but not less than 4 euros per kilogram. It will also be necessary to pay a customs fee of 5 euros,” noted Vladimir Nikolaevich.
For example, when receiving a parcel worth 50 euros and weighing 2 kilograms, customs duties and taxes will be calculated according to the following scheme: (50-22)*30%=8.4 euros+5 euros (customs duty).
For reference: for the period from 2013-2015. the volume of imported international postal items increased more than 6 times: in 2013, 1.9 million postal items were imported, in 2014 – 6.3 million, in 2015 – 11.8 million. Moreover, about 90% of residents of Belarus do not receive international mail. More than 250 thousand citizens receive from 10 to 100 international
parcels per year. On average, one recipient receives about 10 international mail items, and about 15 to one address.
Goods for personal use... How much do we carry?
– The decree clarifies the approaches to determining the purpose of goods. Goods transported across the border more than once every three calendar months for an amount exceeding 300 euros and (or) weighing more than 20 kilograms will not be classified as goods for personal use. At the same time, the norms for duty-free import of goods for personal use of 1,500 euros and 50 kilograms continue to apply, said Vladimir Nikolaevich Orlovsky, Deputy Chairman of the State Customs Committee of the Republic of Belarus
He also explained that the provisions of Decree No. 40 do not apply to goods imported by air, exported earlier and imported by individuals back, imported by employees of diplomatic missions and employees of consular offices and other international organizations, goods received as an inheritance, as well as imported by relocation to permanent residence in Belarus. In addition, the rules do not apply to used goods that were previously exported outside the customs territory and imported back unchanged without documentary evidence of their export, for example, mobile phones, laptops, etc., if their value does not exceed 1.5 thousand euros and 50 kg.
For reference: According to the results of a survey of road checkpoints on the border of the Republic of Belarus, conducted by the National Statistical Committee and the State Customs Committee in 2015, over 70% of citizens entering the Republic of Belarus indicated the amount of expenses when traveling abroad up to 300 euros.
We declare expensive items
If a citizen exports from Belarus a used product worth more than 1.5 thousand euros or weighing more than 50 kg, which he subsequently plans to import back, then it must be declared upon departure.
“Advice to citizens: if something expensive is being exported, it is better to declare it,” suggested Deputy Chairman of the State Customs Committee Vladimir Nikolaevich Orlovsky. – Upon return entry, no matter how much your equipment costs, if you have a declaration, we will let such goods through without paying customs duties. If we talk about the import of undeclared expensive equipment, then customs officers will have questions.
Frequency of movement of goods across borders
– When developing approaches to the practical application of the norms of Decree No. 40, the interests of citizens were taken into account as much as possible. In particular, it has been determined that the date from which the frequency of movement of goods will be taken into account is April 14, that is, the day the decree comes into force, and not an earlier date, as some citizens feared, noted the Deputy Chairman of the State Customs Committee of the Republic of Belarus Vladimir Nikolaevich Orlovsky. – If an individual imports goods, for example, on April 25, the cost and weight characteristics of classifying goods as goods for personal use (300 euros and 20 kg) will be applied for their subsequent import until July 1, 2016. And if goods are imported, for example, on May 8, then the corresponding limits will be applied for their subsequent import until August 1.
He also noted that the population had enough time to adapt to innovations. Therefore, the situation at the border is calm.
Call centers
In connection with the entry into force of Decree No. 40, call centers are operating at the State Customs Committee and customs offices, by calling which you can get answers to questions about the application of the decree, explained Vladimir Nikolaevich.
The State Customs Committee call center will accept calls from Monday to Friday from 9.00 to 18.00 by phone: 218-90-72, 218-90-81, 218-90-82, 218-91-20, 218-90-95. You can call 218-90-00 for advice 24 hours a day. Contact phone numbers of customs call centers are posted on their official websites.
Prepared by Elena YAROSHEVICH.
RESOLUTION
Moscow
Case No. A40-159054/2014
The operative part of the resolution was announced on 02/04/2016
The full text of the resolution was made on 02/11/2016
Arbitration Court of the Moscow District
consisting of:
presiding judge Vlasenko L.V.,
judges: Zvereva E.A., Komolova M.V.,
when participating in the meeting:
from persons participating in the case: did not appear, were notified,
having considered the cassation appeal of Valentina Vasilievna Adonyeva at a court hearing on 02/04/2016
for determination dated September 14, 2015
Arbitration Court of the City of Moscow,
passed by judge P.A. Markov,
to the resolution of November 10, 2015
Ninth Arbitration Court of Appeal,
accepted by judges Nagaev R.G., Okulova N.O., Solopova E.A.,
according to the application of Valentina Vasilievna Adonyeva to include 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,
INSTALLED:
By decision of the Arbitration Court of the Krasnodar Territory dated May 26, 2014, the application of Stroy-Ka LLC to declare Advanced Technologies LLC (hereinafter referred to as the debtor) insolvent (bankrupt) was accepted for proceedings.
By the ruling of the Arbitration Court of the Krasnodar Territory dated September 1, 2014, the rules of paragraph 7 of Chapter were applied when considering the case. 9 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), the case was sent for jurisdiction to the Arbitration Court of the city of Moscow.
By the ruling of the Moscow Arbitration Court dated October 6, 2014 in case No. A40-159054/2014, proceedings were initiated on the said application.
By the ruling of the Moscow Arbitration Court dated May 20, 2015, a monitoring procedure was introduced in relation to the debtor, a temporary manager M. M. Pisarenko was approved, the corresponding message was published in the Kommersant newspaper dated June 11, 2015 No. 102.
On 07/02/2015, the Moscow Arbitration Court received an application from Valentina Vasilievna Adonyeva (hereinafter referred to as V.V. Adonyeva) to include a penalty in the amount of RUB 1,132,678 in the register of claims of the debtor’s creditors. included in the third stage of the register of creditors' claims.
By the ruling of the Moscow Arbitration Court dated September 14, 2015, upheld by the ruling of the Ninth Arbitration Court of Appeal dated November 10, 2015, the claims were denied.
As can be seen from the text of the appealed judicial acts, the applicant’s demands are justified by the fact that the debtor violated the terms concluded between him and V.V. Adonyeva. agreements dated December 30, 2011 No. P3-5/25-31.52, No. P3-5/34p-16.7 on shared participation in the construction of an apartment building at the address: Moscow region, Naro-Fominsk district, village. Pervomaiskoe village, village Pervomayskoye, between st. Tsentralnaya and Parkovaya, namely clause 5.1.11 - on the timing of the transfer to participants in shared construction of a shared construction project in a completed apartment building, in connection with which the applicant was assessed a penalty in the declared amount.
In refusing to satisfy the stated demands, the courts proceeded from the fact that the deadline for transfer of the shared construction project, provided for in clause 5.1.11 of the agreements, had not arrived.
As the courts have indicated, the deadline for transferring a shared construction project is determined by clause 5.1.11 of the agreement, which is clear, understandable, does not allow for ambiguous interpretation and contains all the necessary information for calculating the period provided for in Art. Art. , Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation); There is no other period than established by clause 5.1.11 of the agreement; there are no agreements signed by the parties to change the period specified in the agreement in accordance with Part 3 of Art. Law No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” was not concluded.
Having disagreed with the judicial acts adopted on the dispute, Adonyeva V.V. appealed to the Arbitration Court of the Moscow District with a cassation appeal, in which she asks the court's ruling and ruling to be canceled and a new judicial act to be adopted on the dispute to satisfy the claims.
In support of his arguments, he refers to the discrepancy between the courts' conclusions and the factual circumstances and evidence presented in the case file, and insists on the erroneousness of the courts' conclusions about the absence of violations regarding the timing of the transfer of the property on the part of the developer.
A response was received from the temporary manager of the debtor 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 consideration of the cassation appeal did not send their representatives to the cassation court, which, by virtue of Part 3 of Art. The Arbitration Procedural 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 materials, discussed the arguments of the cassation appeal and objections to them, checked in accordance with Art. the correctness of the application of the rules of substantive and procedural law by the courts of first and appellate instances, the compliance of the courts' conclusions with the circumstances established in the case, as well as the evidence available in the case materials, does not find grounds for canceling the ruling and ruling of the courts in connection with the following.
The courts of both instances, having examined and assessed the evidence presented by the parties, as well as the arguments and objections of the persons participating in the case, in their entirety, guided by the provisions of the current legislation, correctly defined the disputed legal relations, clarified with sufficient completeness the circumstances that are significant for the case, came to a justified and the legitimate conclusion that the deadline for transfer of the shared construction project, provided for in clause 5.1.11 of the agreements, had not arrived, and therefore the claims in the declared amount were refused.
The cassation court has no grounds for re-evaluating these conclusions.
The arguments of the cassation appeal are based on an incorrect interpretation of the law, similar to the arguments of the appeal, which were the subject of consideration in the appellate court and were rejected, with which the cassation court agrees.
The arguments of the cassation appeal, which essentially boil down to a repetition of allegations examined and rightfully rejected by the arbitration courts of the first and appellate instances, cannot serve as a basis for the cancellation of the appealed judicial acts, since they do not indicate a violation of the rules of substantive and procedural law by the courts, but only indicate disagreement with the assessment courts of evidence.
The cassation court does not have the right to re-evaluate evidence and establish other circumstances that differ from those established by lower courts, in violation of its competence under Art. Art. , .
Rules of procedural law, non-compliance with which is an absolute basis for canceling the determination and resolution in accordance with Part 4 of Art. Section VI. Proceedings for the review of judicial acts of arbitration courts > Chapter 35. Proceedings in a cassation court > Article 288. Grounds for canceling a court order, changing or canceling a decision, a decision of an arbitration court of the first and appellate instances" target="_blank">288 Arbitration Procedure Code of the Russian Federation, also not violated.
Guided by the articles of the Arbitration Procedural Code of the Russian Federation, the court
DECIDED:
The ruling of the Moscow Arbitration Court dated September 14, 2015 and the ruling 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 L.V. Vlasenko
Judges: E.A. Zverev
M.V. Komolova
Court:
FAS MO (FAS Moscow District)Plaintiffs:
Abashin Vladimir ViktorovichAbilova Irina Viktorovna
Adonyeva V V
Akimov Evgeniy 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 Yulia Alexandrovna
Borodin Evgeniy Anatolyevich
Bunos Elena Leonidovna
Bychkova O. A.
Bychkova Olga Alexandrovna
Vasilyeva Galina Petrovna
Volodina Svetlana Viktorovna
Vorobyova A N
Vorobyova 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 Evgenia Viktorovna
Drobot Nikolay Yurievich
Dutova Ksenia Efimovna
Egorova Svetlana Yurievna
Ermishin Vyacheslav Gennadievich
Zhukova Olga Vladimirovna
Zanegin Nikita Viktorovich
Zanegina Maria Igorevna
JSC "MSU-35 Promelektromontazh"
Ivanov Alexander Gennadievich
Ivanova Elena Vladimirovna
Inspectorate of the Federal Tax Service of Russia No. 5 for Moscow
Kalinina Irina Viktorovna
Karvenov Nikolay Nikolaevich
Kachalka Ekaterina Viktorovna
Kim Sergey Petrovich
Kirichenko Svetlana Nikolaevna