THE AMCU GRANTED THE RECOMMENDATIONS TO THE STATE FISCAL SERVICE OF UKRAINE
Subsequent to the results of the investigation, the Antimonopoly Committee of Ukraine established that bodies of incomes and imposts don’t control the service fees, which are provided by the entities on the territory of which customs control zones (customs stations) are housed, which leads to the establishment of economically unreasonable cost of such services.
The boundaries of customs controls are determined by the bodies of incomes and imposts in concert with the relevant authorities of the state border security and administrations of ports, airports, railway stations, on other places they are determined independently.
The commission of customs formalities on the territories of customs posts is impossible without arriving and standing of the vehicles on the territory determined by the customhouse as customs control zones. Entities, on the territory of which customs control zones (customs stations) are housed, by internal orders establish list and price of works and services, which are provided by them and not reconciled with the customhouse (services on entry, standing in the places of customs registration, of handling etc.).
In order to prevent violation of legislation on protection of the economic competition, the AMCU granted compulsory for consideration recommendation to the State Fiscal Service of Ukraine:
Confirm as required by law the statutory instrument, which determine:
1) explicit, clear on non-discriminative conditions and competitive principles method of determining/choosing of the entities, on the territory of which customs control zones (customs stations) are housed;
2) the order of behaviour of these entities, in particular in terms of their interactions with the bodies of incomes and imposts, and list and legal nature of services that can be provided by such entities;
3) order of formation and charging of fee for services related to customs registration and without which the commission of customs formalities is impossible, which are provided in particular by the entities on the territories of customs control zones (departments of customs registration), which should provide a reasonable cost of services and proper control of pricing.
The term for consideration of recommendations is 60 days from the day of its receipt.