EXPENSES VS. LOSSES
It is not an easy task to recover losses from the State, especially if the State is represented by its main “donor” - the Federal Customs Agency.
In case # А51-7878/2015 initiated by an entrepreneur claiming recovery of losses from the State, the core argument brought forward by the Federal Customs Agency was that “these are not losses, as recognised by civil law, these are administrative expenses, thus they are not subject to recovery”.
The Supreme Court Collegium presided by one of the most knowledgeable in matters of damages and losses judge, Her Honor Nadezhda Ksenofontova, said something very similar to what Dr. Tatyana Novitskaya of the Law Faculty at the Moscow State University has been telling her students: “you can name me whatever you wish, you can even say I'm a pot, just don't put me on the stove”, or as Englishmen would say "sticks and stones may break my bones, but names will never hurt me".
YAMAHA VS. CUSTOMS VS. ENTERPRENEUR
Case № А51-6603/2011 of Primorsiy Kray Arbitration Court. Enterpreneur, Alexey Chudov, vs. Vladivostok Customs.
AUTOLOGISTIKA VS FEDERAL CUSTOMS AGENCY
Court resolution declared as unapplicable the Russian Customs Regulation approved by Federal Customs Agency Order No. 626 dated 25.03.2011.
KAMAZ VS. CUSTOMS VS. KAMRTI LTD
Case № А57-11291/2012 of Saratov Region Arbitration Court against Kamrti Ltd.