With a request to initiate a criminal case on the fact of smuggling of sanctioned products into the territory of Russia, members of the Public Chamber (OP) of the Russian Federation addressed the Federal Customs Service (FCS) of the Russian Federation (the appeal is at the disposal of Izvestia). According to Pavel Sychev, a member of the Public Control Commission of the Civic Chamber of the Russian Federation, Perekrestok and Zeleny Perekrestok stores, as well as a number of small local retailers, still sell banned dairy products from Europe, in particular Lithuanian milk porridges, French and German yogurts.
Also, a member of the Civic Chamber of the Russian Federation notified the head of the Prosecutor General's Office of the Russian Federation, Yuri Chaika, of his request to the Federal Customs Service of the Russian Federation and asked him to take personal control of the situation (the appeal is also at the disposal of Izvestia). The department stated that the appeal of the RF OP will be considered in the prescribed manner and within the established time frame.
According to Pavel Sychev, during the inspections of the RF OP, it turned out that products prohibited for import remain on store shelves.
All of them are packed after August 7, 2014. These are products offered in such stores as, for example, Perekrestok, Green Crossroads, Pyaterochka. Moreover, we find sanctions even in small shops on the first floors of apartment buildings, - says Sychev. - How it gets on the shelves is still unclear. We need to find those responsible for the smuggling.
According to Sychev, among the sanctioned products sold in Russian stores in January were Lithuanian milk porridges, French and German yogurts, as well as Spanish olives and jamon.
Barcodes on these products indicate that they were produced and packaged in Europe after the entry into force of retaliatory sanctions from our country, Sychev noted. - That is, the products could not get on the shelves of stores in a legal way. And both customs officers and suppliers may be to blame. Corruption cannot be ruled out.
The head of the public relations department of X5 Retail Group (Perekrestok, Pyaterochka, Karusel chain stores), Vladimir Rusanov, in turn, denied the presence of sanctions products on the shelves.
We are closely following this: we do not have any prohibited products, - says Rusanov. - As for milk porridges and canned olives, they are not included in the sanctions list approved by the Russian government at all.
According to the Decree of the Government of the Russian Federation of August 7, 2014, agricultural products, raw materials and foodstuffs originating in the USA, EU countries, Canada, Australia and Norway are prohibited from being imported into Russia for 1 year. In particular, “meat of cattle, fresh or chilled” (also frozen), “pork fresh, chilled or frozen”, the same for poultry are prohibited from import; "meat salted, in brine, dried or smoked"; “fish and crustaceans, molluscs and other aquatic invertebrates”, “milk and dairy products”, “vegetables, edible roots and tubers”, “fruits and nuts”, “sausages and similar products of meat, meat offal or blood”, “prepared food products based on them”, “finished products, including cheeses and curds based on vegetable fats”, and “milk-containing products based on vegetable fats”.
Subsequently, some of the commodity items were excluded from the final list due to the lack of opportunities for import substitution or substitution with supplies from other countries. Including the “sanction barrier” was opened for: salmon fry, seed potatoes, lactose-free milk and its derivatives (including some cheeses), animal and vegetable protein concentrates (for example, sports nutrition), dietary supplements, mineral, vitamin and other supplements .
Note that all goods are classified using the commodity nomenclature of foreign economic activity of the Customs Union (TN VED), with which you can determine whether products are allowed to be imported. All embargoed products also have these codes.
As explained in the press service of the Federal Customs Service of the Russian Federation, European jamon is indeed prohibited from being imported into Russia, unlike olives and milk porridges, the ban on which is partial.
Jamon falls under the category of embargoed products, having TN VED 0210 (“salted meat, in brine, dried or smoked.” - “Izvestia”), the department said. - Olives cannot be imported if they are preserved for short-term storage (TN VED 0711) and in this form are unsuitable for human consumption. If they are mothballed for long-term storage, then their import into Russia is free. Milk porridges can be either allowed for import or not - everything will depend on their composition. If they are lactose-free, then they can be imported, but if they contain lactose, then no. The same goes for yogurt.
At the same time, the Federal Customs Service of the Russian Federation stated that the consideration of issues on the initiation of criminal cases is not commented on.
Despite the August ban, during inspections of popular retail chains, representatives of the RF OP continued to find sanctioned goods on the shelves. For example, in the fall of 2014, French clams, Norwegian salmon, as well as fermented milk products from Germany, Latvia, France, Italy and Poland were found in the Seventh Continent, Azbuka Vkusa and Green Crossroads stores. In December 2014, the Prosecutor General's Office of the Russian Federation confirmed the fact of the sale of products prohibited for import from Europe, packaged after the entry into force of retaliatory sanctions from Russia (August 7, 2014).
As Izvestia reported earlier, after establishing the facts of smuggling, the Prosecutor General's Office of the Russian Federation turned to the Central Customs Administration of the Federal Customs Service of the Russian Federation with an order to monitor "compliance with the ban on food imports."
In mid-December, the head of Rospotrebnadzor, Anna Popova, held a meeting with representatives of Russian retail chains. The subject of discussion was the facts of detection of food products prohibited for import in retail. The chains explained how such goods could have ended up on store shelves, and assured the head of the sanitary service that they would follow up to prevent the sale of products that are under the embargo. Rospotrebnadzor, however, continues to check both chain and non-chain stores, as well as markets and fairs to identify products prohibited for sale from Europe, the USA and Canada.
As Rospotrebnadzor explained, first of all, accompanying documents are checked, from which it is possible to understand when the product was imported into the territory of the Russian Federation. The department does not rule out that prohibited food products with a long shelf life that were imported before August 2014 may still be on sale.
Let me remind you that the country of origin is the state in whose territory the goods were completely produced or subjected to sufficient processing / processing, which does not include slaughter and butchering of animals, bottling, washing, repackaging, storage and transportation of goods, - explains the managing partner of the APK practice, Deputy General Director of Consulting group "NEO Center" Anastasia Zalutskaya.
Andrey Kuzmin, a leading lawyer at the Yurlov and Partners Law Office, said that customs officers, if they allowed the import of prohibited products, can be brought under article 293 of the Criminal Code of the Russian Federation (“negligence”).
In this case, a fine is provided for an individual in the amount of up to 120 thousand rubles or in the amount of wages, or arrest for up to three months. It is most likely that employees of the state structure, if found guilty, will pass under this article, Kuzmin believes. - It is difficult to say whether this case will be about corruption. Rather not, because in this case the guilty would have already been found.
Attracting suppliers, according to Kuzmin, will not be easy.
Even if the trading network names its supplier and provides an agreement, he can say that the goods were purchased before the entry into force of retaliatory sanctions or the raw materials were not produced in Europe, the lawyer is sure. - Those who allowed the import of sanctioned products will certainly be under close scrutiny.
The lawyer also stressed that today there is no separate general article for smuggling.
There are several articles in the Criminal Code of the Russian Federation for the illegal import of cash, monetary instruments, alcoholic beverages and tobacco products, etc. The import of sanctioned products falls under the Code of Administrative Offenses of the Russian Federation (Article 16.3), that is, only a fine is provided for suppliers (for the fact of moving goods). For citizens, it ranges from 1.5-2.5 thousand rubles, for officials - 10-20 thousand rubles, for legal entities - 100-300 thousand rubles, - said Kuzmin. - Logistics companies are unlikely to be at fault, as they are not required to know the origin of the products.
From the point of view of abstract morality, the demonstrative destruction of food does not look very pleasant. However, in the situation in which Russia found itself against its will, this is the only way out, no matter what the "humanists" say.
sorry parmesanchik
RuNet is bursting with sobs over dead food, an online petition against "barbarism" - the destruction of products that fell under the food embargo - gained 300,000 signatures in a matter of days and has already interested the Kremlin, and the sarcastic hashtag #RussiaZhet has reached the top of Russian-language Twitter. Many political and public figures - some for populist purposes, and some for deep conviction - criticize the presidential decree and the government's decree on the destruction of sanctioned products by all available means. Meanwhile, the decree signed on July 29 Vladimir Putin became a forced reaction to the situation that had developed during the year of the embargo. The reaction is quite tough: if the reports about the "massacres with food" that began yesterday with the help of bulldozers, rollers and industrial furnaces resemble reports of hostilities, then this process itself is like a blitzkrieg. Indeed, the liquidation of goods intercepted at the border and seized already inside the country is proceeding at a Stakhanovite pace: out of about 400 tons of “prohibited goods” seized, about 320 tons were destroyed yesterday alone. Could it have been done without it? A popular reaction both at the philistine level, and in the media sphere, and among politicians and experts is that the food being destroyed is used for its intended purpose. Of course, not by those who work at the border, but by those who need it. Distributing food to socially vulnerable groups of the population is the most common offer. Its variation is to send batches of prohibited products to the fraternal Donbass (to paraphrase a well-known saying, there is no bread - let them eat jamon). Much less popular, but also repeatedly voiced versions of the processing of meat, "milk" and vegetables with fruits into feed for livestock or fertilizer. Such "simple" embodiments of the idea of social justice always resonate with the masses, and Russia is by no means an exception. But even if we put aside the issue of logistics and processing costs, there are at least three reasons for abandoning this simplicity, which is known to be worse than theft.
Hammer of sanctions
FirstlyThere is an obvious fact that the supervisory authorities constantly mention, but for some reason everyone else does not attach importance to it. It seems to us that since these are high-quality Western products (and everything imported in our country has been ardently loved since Soviet times), then getting rid of them is doubly blasphemous. In fact, the imposed embargo blocked legal supplies, and what is being imported into Russia illegally is a big question. Therefore, the statements of the Rosselkhoznadzor that it is dangerous and fraught with poisoning to transfer such products to the poor is not at all a sophisticated mockery. Of course, it is unlikely that in Europe they intentionally stuff cheese with Escherichia coli, as the State Duma deputy suggests. Kirill Cherkasov, but the products of unknown origin in themselves, at least, need a thorough examination - after all, the necessary accompanying documentation is either missing or forged. Not only is this additional financial and time s Not only the costs, but also such checks reduce the very idea of an embargo to absurdity: import is prohibited, but the examination, it turns out, removes such a ban de facto. The second reason- in the fact that (and in Russia this is also often forgotten) the law is harsh, but it is the law. One can argue about the expediency of counter-sanctions, but since they are stipulated at the legislative level, the authorities must ensure the implementation of this norm. According to the Rosselkhoznadzor, only 20% of all prohibited goods crossing the border are detained by customs officers. Now, only against the background of the decree on the “declaration of war of annihilation”, imports have decreased tenfold. Minister of Agriculture Alexander Tkachev and his colleagues are not in vain referring to world experience: smuggling and counterfeiting are destroyed everywhere, and the more civilized the country, the more actively this happens. Finally, third: if 20% of the “prohibited” is seized at the border, this means that 80% still enters the country. And, one must think, not without the mediation of those who actually have to keep the border shut. On the one hand, it seems that the idea of destroying products threatens with a surge in corruption - who will destroy, and who will take it with them, not for resale, but for liquidation by eating. But, firstly, control mechanisms are provided: photo and video filming of the process, the presence of witnesses, a detailed report. Yes, and in the media, every major action of this kind can be covered. In addition, according to Rospotrebnadzor, it is planned to toughen the punishment for eating detained products - this may be a criminal article that provides for a large fine, correctional labor or even arrest. And, besides, it is better to immediately put an end to the intercepted contraband than to send it to gather dust in a warehouse, from where it will then be “written off” under the guise. It is not surprising that cases have already been recorded when some officials almost wholeheartedly defended imported confiscated goods from the caterpillars of special equipment. So, from the point of view of the state, the measures taken are perfectly adequate, even if the procedure itself does not look very presentable and abhorrent to someone's moral principles. Those who want to help orphans, pensioners or the starving Donbass can easily do so in private.
The destruction of contraband foodstuffs, as one would expect, raised a wave of indignation in the liberal press.
Painfully convenient topic, so as not to work it out.
The scheme is simple: at one pole, customs officers crush cheese with rollers, and at the other, someone is malnourished, underdrinks, etc.
A classic situation suitable for inciting dissatisfaction with the authorities under the cries: "How so, fear God! It would be better if they gave it to the poor, they took it to an orphanage, they distributed it among the veterans!"
The fact that there is not enough food for everyone is not taken into account.
As well as the fact that tomorrow its flow will dry up, as frightened smugglers will stop trying to illegally enter our market. And no one thinks that for distribution it is necessary to create special structures and finance them.
The power of thought among liberals does not extend that far. They should shout out something sonorous, bold and listen to the echo with a satisfied look. And that's it.
By the way, no one talks about how the West would make fun of, looking at the attempts to distribute confiscated provisions.
Although it can be assumed that there would be no less noise than with Yukos, and the owners of the smuggling would immediately run to the ECHR and other fair places to try to recover billions of euros from Russia for the lost goods.
In Russia, today they began to destroy agricultural products at the border, which are prohibited from being imported into the country under the "food embargo". Food will be destroyed, including in special industrial ovens.
In any case, products that were seized at Russian borders will be liquidated, even if the owner or organizer of their delivery has not been identified.
Russians who brought food from countries that fell under Russian anti-sanctions for their own refrigerator, and not for sale, do not need to worry. The decree on the destruction of products prohibited for import, which entered into force yesterday, does not apply to food imported by citizens for their own consumption.
But the very idea of destroying food caused a very wide resonance in society. Is there no other way out than destroying food? It was this question that Rossiyskaya Gazeta asked the head of Rospotrebnadzor, Anna Popova:
Obviously, products imported or in circulation without documents confirming their origin, quality and safety cannot be admitted to circulation. It must be disposed of as a hazard to public health. And it can lead to the emergence and spread of diseases, poisoning of people and animals, and environmental pollution. Because, as a rule, it can be imported under forged documents. Control and supervisory authorities do not have accurate data not only about its manufacturer, but also about the country of origin and, accordingly, about the sanitary and epidemiological situation, production conditions, and the degree of state control over its release. Our approach is laid down as the main principle of sanitary and epidemiological safety. It has been operating in our country for several decades.
Officials point out that the decision to destroy illegally imported food, rather than try to use "sanctioned" products in any other way, was made consciously. First, the goal is to stop the flow of forbidden food. "We are confident that the responsible authorities (Rosselkhoznadzor, the Federal Customs Service and Rospotrebnadzor) will not have to destroy large volumes of products, because as soon as the smugglers realize that the state is suppressing any possibility of importing sanctioned products, they will stop sending them to Russia. These measures will be one-time" - said the head of the Ministry of Agriculture Alexander Tkachev. He noted that a week later, after it became known that the sanctioned products would be destroyed, the volume of their imports decreased tenfold.
It is possible that the food embargo could spread to several more countries
According to Alexander Tkachev, it is possible that the food embargo will spread to seven more countries. "These countries are insignificant and practically do not make any difference in the food market. Their share in different areas is from 3 to 5 percent. We are studying the situation, how we can respond," said Alexander Tkachev.
“This is not a gold mine that can be developed,” Alexey Alekseenko, an assistant to the head of the Rosselkhoznadzor, told Rossiyskaya Gazeta. “We need to understand the goal that we set for ourselves - to destroy the smuggling of sanctioned goods as a phenomenon.”
The representative of the department adds that there is another reason. In Russia, there is a system for tracking the safety of imported products. It assumes that the veterinary and phytosanitary authorities of the country from which food products come to Russia are responsible for the safety of local products. Confirming their responsibility, local authorities issue accompanying documents for each consignment of goods. So the Rosselkhoznadzor does not have to send every truck or container to the laboratory - it would be impossible. Checks are carried out randomly. And if violations are discovered, Russian and foreign departments jointly understand the problem and look for a solution. If the situation cannot be corrected, the import of products is stopped.
It is impossible to build such a system with "sanctioned" goods. The product comes with fake documents. “These are goods that were produced by no one knows who and under what conditions. That is, these are products of unknown origin. And we cannot know what risks they carry,” Alexey Alekseenko argues. Therefore, the idea of giving "sanctions" food to those in need seems to be failing.
There is also no possibility to send each batch for research. So the only option left is recycling. “Some, out of the kindness of their hearts, offer to give such products to orphanages. But here we can only say about a certain ignorance regarding the issue of food safety,” Alexei Alekseenko concluded in an interview with RG.
Since it is planned to destroy illegally imported food at the borders, the Federal Customs Service is also involved in this. The Federal Customs Service approved the procedure for the destruction of goods prohibited from being imported into Russia from a number of countries on August 5, 2015, the Federal Customs Service told Rossiyskaya Gazeta. "Such products are subject to immediate seizure and destruction after the issuance of an act of seizure," the agency said in a letter. The order, signed by the leadership of the FCS, was sent to all customs authorities on the same day, the service clarifies.
By the way, yesterday in the Pskov region on the border of Russia and Belarus, a car with a one and a half ton load of tomatoes, for which there was no phytosanitary certificate, was detained. When inspecting the vegetables, they did not find markings on the packages, but they found traces of the labels being torn off. The driver of the truck, having learned that the tomatoes are to be destroyed, stole it to the territory of Belarus.
With all this, it is necessary to distinguish between the everyday and legal concept of smuggling, experts say. Food that is subject to confiscation and destruction under criminal law does not fall under this concept. This is another argument in favor of the fact that the state cannot confiscate and seize such goods in favor of those in need. "The concept of smuggling is formulated in the Criminal Code, it is a precisely defined type of import of specific goods. Everything that is imported and at the same time is not included in this list is not smuggling in the legal sense. And therefore it is subject to destruction within the framework of the law," the interviewed "RG" note. experts in the field of customs law.
Lawyers' opinion
Evgeny Zhilin, Advisor to the Russian Federal Chamber of Lawyers:
As far as international law is concerned, there are no international conventions that would regulate the implementation of the embargo. International law treats this issue neutrally, understanding that each state has sovereignty, and it has the right to make independent decisions.
As for the national experience, it is completely different. Some states simply do not allow import, deploy at the border. Somewhere prohibited products are destroyed.
Anton Tolmachev, specialist in international law, managing partner of a law firm:
The Customs Code in force in the EU allows the destruction of non-Community goods, provided that the main condition is that there are no customs costs associated with such destruction.
And in the USA, for example, they like to destroy illegal products defiantly. Thus, for example, this June in Times Square in New York, a whole ton of ivory seized from one of the shops in Philadelphia was destroyed, sending it to the crusher.
Vasily Itskov, head of dispute resolution practice at an investment financial company:
The destruction of food imported and produced in the territory of a particular country in world practice, as a rule, is justified by the imposition of an embargo on certain suppliers for geopolitical or other reasons (an example is the embargo on Cuban products, introduced in the United States back in the last century...
The destruction of goods prohibited for import in the world practice takes place in strict accordance with local legislation and is preceded by the alienation of the right to property, and in some cases, sanctions (a fine or even imprisonment) against a person or group of persons who deliberately attempted to violate a permanent or temporary ban on transportation of specific products.
Nikita Isaev, PhD in Law, Director of the Institute of Contemporary Economics:
The task of the head of state is to defend the interests of the country on the world stage.
The decision to destroy smuggling is the protection of state interests. And this is a common practice. One can recall the experience of the United States of America at the beginning of the Great Depression of 1929-1933, destroying contraband food in front of a starving and unemployed population.
Then society understood that this was an absolute necessity at that moment. One can give examples of the drastic actions of the EU countries to protect their domestic market of food producers. Russia acts within the framework of the rules of combating smuggling products established by international norms and the norms of the World Trade Organization, of which it is a member.
And how are they?
Scandinavia
In Finland, according to official figures alone, 400 million kilograms of food is destroyed every year. In addition, Finnish shops and supermarkets send 75 million kilograms to be destroyed every year. We are talking not only about expired food packages, but also about good quality products that do not have properly issued passports, were stored or transported in inappropriate conditions. In Finland, prohibited products are destroyed or incinerated at special organic waste processing plants. The costs of their disposal are borne by the state, as well as by retail outlets. According to Finnish human rights activist Johan Beckman, the destruction of good quality and usable food is on a massive scale. The most resonant recent cases are related to the disposal of alcohol and meat illegally imported into Finland, the Finn said.
By the way, high-quality products are destroyed in large quantities in neighboring states. This year, Swedish supermarkets, led by the country's largest retail chain ICA, have threatened to suspend pork purchases in Denmark after multiple reports that about half a million newborn piglets weighing less than one kilogram are slaughtered in the country every year. As a result, Danish pork producers had to destroy the meat, which seemed to the Swedes "wrong". It should be noted that in Scandinavia, as well as in Finland, any food products with an unclear origin and without properly executed documents are subject to disposal. At the same time, they do not seek to delve into whether this food is suitable for consumption. It is simply burned in organic waste processing plants. It is also reported that after the introduction of Russian counter-sanctions in Scandinavia, various types of vegetables, meat and dairy products deteriorated, rotted or were destroyed. Some of these products intended for the Russian market were not distributed to the local poor, but simply disposed of.
France
How do France deal with illegal goods in the country, be it shoes, clothing or food? Destroy. So, in Marseille at the end of last year, over 30,000 items confiscated in sea and aviation ports were put under pressure. They were toys, 100% fake shoes of famous brands, the same clothes made in Asian and African countries. Local customs officers are alarmed by the fact that the flow of counterfeit food is actively increasing. Not so long ago, a batch of cans of caviar allegedly produced in southwestern France in Aquitaine was intercepted in Le Havre. In fact, the caviar turned out to be a poor quality Asian fake. Caviar, as well as 17 tons of fishmeal, were liquidated, and those involved in criminal trafficking were sent to court. Under French law, the illegal importation of low-quality counterfeit goods into the country is punishable by up to two years in prison and a fine of 35,500 euros. Until recently, supermarkets in France were allowed to destroy expired food. They were usually placed in trash cans and filled with chemicals.
Rereading the whining of some authors about the destruction of contraband products in Russia, which was heard last week, a sense of bewilderment does not leave me. Of course, it is very pitiful for three dead geese crushed by a bulldozer or 50 ducklings from Kharkov, which were first euthanized and then burned ... But excuse me!
Russia had very good teachers in this regard.
For example, France has only recently passed a law prohibiting supermarkets from dumping or destroying unsold products. And they've done that before. No, to give to the poor! Or starving children in one of their former African colonies. Destroyed after all, bastards!
And here is fresh food vandalism from this country:
This photo looks suspiciously like the destruction of cheese in Russia, but it was taken last week in France
French farmers destroy cheese (?) imported from another country.
Where are the petitions in defense of the innocently murdered cheese in France? Where are the angry articles on the Ekho Moskvy website or the tragic broadcasts on Dozhd?
In Israel, the local inspectorate scurried around the restaurants of African migrants and poured... bleach...
Israel
The Israeli authorities had to prove that they are fighting unsanitary conditions, not migrants
And what about our beloved USA? Here our struggle with parmesan and jamon will seem like a ridiculous childish prank compared to what the Americans did at different points in their history. For example, in the 30s, during the Great Depression, when many people were simply dying of hunger, the government somehow bought 6 million (!) Absolutely healthy pigs and simply destroyed them.
I suspect that someone is now thinking that I am a Kremlinbot and are taking these facts from what is called "from the bulldozer." And he will be absolutely wrong. I'm just briefly retelling material that is far from being pro-Kremlin BBC Russian service website .
To complete the picture, it is worth watching the plot of the American popular educational channel "Nat Geo", which tells about the destruction of contraband products in the United States, among which even Russian sausage was caught. At the same time, they are not crushed by a skating rink, but simply ... lowered into the sewer. Eco-friendly huh...
So don't whine. We are not the first and we are not the last. As for all sorts of "Rains" and other "Eh", it would be better if they asked about the menu of the planned banquet on the occasion of the imminent Day of the Territory in the Stavropol Territory, which local officials want to hold. Or the topic of changing the fleet in the Presidential Administration. This is much more interesting than Yaroslavna's crying for three innocently crushed geese from the EU.
Britannia
In addition to employees of the Rosselkhoznadzor, British teachers also have the official right to destroy food.
Moreover, the teacher has the right to search the student's briefcase to find out what kind of food he brought from home. Schools may also ban certain foods altogether. All this is done to promote healthy eating among children.
