Interesting “URVEST” projects in 2013-2014

Absence of special permission for shipping:

The case on administrative offence under the Part 2 of the Article 11.29 of the Code of Administrative Offences of the Russian Federation against UAB “Ultransa”.

 The case on administrative offence under the Part 2 of the Article 11.29 of the Code of Administrative Offences of the Russian Federation was initiated against the Client. The reason for initiation of the case was  –  the lack of special permit for the transportation of the goods from the third countries.

As a result, UAB «Ultransa» has been found guilty of an administrative offense under the relevant article of the Code of Administrative Offences of the Russian Federation and the company was sentenced to a fine of  400 000 rubles (10975.11 $).

The Client turned to our company for help after receiving the decision on the appointment of fine from the Transport Inspection.

In the course of the proceedings Transport Inspection clarified its position and stated that UAB «Ultransa» administratively liable not only for the implementation of the international transportation of goods from  the territory of the third state which is not a place of registration of the vehicle, on the territory of the Russian Federation without special permission, but for breaking the rules of filling the international consignment note (CMR), established by the paragraph 1.2 in Minutes of the meeting of the Russian-Lithuanian Joint Commission on Road Transport on september 11-12, 2012 (hereinafter – the Minutes of the Joint Commission).

Based on the analysis of the case, and the Minutes of the Joint Commission it was found that customer’s vehicle did not make the trip from Germany to Russia, and moved along the route Lithuania – Russia, in the proof of this fact, the court had before it the relevant documents, and the Minute of the Joint Commission does not a normative legal act, thereby this document does not have the force of law in the territory of the Russian Federation.

On these grounds our lawyer (Vladimir Malgin) has built a position, according to which in the absence of violations of the law Client should be found not guilty of an administrative offense and a special permit for transportation is not required.

As a result of this work, the Court of First Instance found the Client’s position justified, found the decision of transport inspection illegal and revoke the appointment of a fine of 400000 rubles (10975.11 $).

Courts of Appeal and Cassation instances supported our position. A fine of 400,000 rubles (10975.11 $) was returned to the Client from the budget of the Russian Federation.

(The case against UAB «Ultransa» initiated by the Office of the State Road Supervision of the Smolensk region, case №000010 from 10.10.2012, case №A62-6991 / 2012 in the Court of Arbitration of the Smolensk region).