Problem

2.3.3. Flawed procedure for filing administrative appeals against actions of customs officials

General information about the problem

A survey of entrepreneurs conducted by the American Chamber of Commerce in Ukraine as part of the study titled “Guidelines for Customs in Ukraine” found that 80 percent of the companies surveyed stated that the existing administrative appeal system is ineffective.
One of the main reasons for this ineffectiveness, according to companies, is that the review of an appeal is biased: in practice, a higher-level body often defends the opinion of the body whose decision is being appealed without properly evaluating the evidence.
Studies by the IMF and the World Bank suggest that the problem of conflict of interest in administrative appeals can be resolved by excluding from the appeal review process those officials who made the decision being appealed, were involved in any way in its adoption, or directly coordinate the activities of the bodies whose decisions are being appealed.
The foregoing makes it safe to say that there is problem involving the ineffectiveness of the mechanism for reviewing complaints against the actions of customs officials.
At the same time, significant changes have recently taken place in the process of implementing the customs reform aimed at harmonizing Ukrainian customs legislation with EU legislation.
At present, proper implementation of these changes in practice remains challenging.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 2
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
2 4
6
Implemented In progress
Measures implemented (fully and partially) - 2 (33.3%)

Deadlines for all measures

01.03.2023 - 31.12.2025

Implementation of SACP measures within the scope of the Problem by main main performers

State Customs Service of Ukraine

20%
5

Ministry of Finance of Ukraine

100%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 2

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.3.3.1 An effective and transparent mechanism for reviewing complaints against actions of customs officials, as well as monitoring the results of their review, has been introduced 2.3.3.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft law proposing amendments to the Customs Code of Ukraine, which would provide for the obligation to publish on the official website of the State Customs Service without any delay the depersonalized text of all decisions issued following the review of complaints Ministry of Finance of Ukraine The measure was not implemented on time and in full Implemented
100% 2/ 2
1.2. 2.3.3.1.2. Annually preparing a public report on the statistics and results of administrative review of complaints against actions of the customs authorities; conducting ongoing monitoring of the effectiveness of administrative review of administrative complaints, including with the involvement of business associations State Customs Service of Ukraine There is progress in the implementation of the measure In progress
2.1. ESR 2.3.3.2 The mechanism for bringing customs officials to disciplinary liability (including dismissal) is effective and transparent 2.3.3.2.1. Drafting an organizational administrative act (order) that: 1) obligates the State Customs Service to publish on a quarterly basis the results of the work of disciplinary committees formed at the State Customs Service and in the customs authorities, in a breakdown by customs authorities, the number of cases examined, the kinds of recommended decisions, the number and kinds of decisions made by officials to impose a disciplinary penalty on a civil servant or discontinue the disciplinary proceeding; 2) obligates the State Customs Service to conduct annual monitoring of the results of review of disciplinary complaints against actions officials and other employees of the customs authorities, followed by publication and public discussion of the results of such monitoring State Customs Service of Ukraine The measure was implemented on time and in full Implemented
100% 4/ 4
2.2. 2.3.3.2.2. Quarterly publication of the results of the work of disciplinary committees formed at the State Customs Service and in customs authorities pursuant to the order indicated in subclause 2.3.3.2.1 State Customs Service of Ukraine There is progress in the implementation of the measure In progress
2.3. 2.3.3.2.3. Monitoring the results of the review of disciplinary complaints against actions of officials and other employees of the customs authorities pursuant to the order indicated in subclause 2.3.3.2.1 State Customs Service of Ukraine There is progress in the implementation of the measure In progress
2.4. 2.3.3.2.4. Publicly discussing the results of the monitoring pursuant to the order indicated in subclause 2.3.3.2.1 State Customs Service of Ukraine There is progress in the implementation of the measure In progress

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: