LAW OF THE REPUBLIC OF UZBEKISTAN

of October 31, 2019 No. ZRU-577

About modification and amendments in the Code of the Republic of Uzbekistan about the administrative responsibility in connection with enhancement of customs administration

Accepted by Legislative house on September 19, 2019

Approved by the Senate on October 11, 2019

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592), following changes and amendments:

The sanction of part two of Article 227-4 to state 1) in the following edition:

"attracts imposing of penalty on citizens from ten to fifteen, and on officials - from fifteen to thirty minimum sizes of the salary with confiscation of goods and vehicles or without that";

2) in Article 227-8:

to exclude from disposition of part one of the word "and order";

add with part five of the following content:

"The order goods and vehicles concerning which the customs clearance is not complete,

attracts imposing of penalty on citizens from twenty to thirty, and on officials - from thirty to fifty minimum sizes of the salary";

3) in Article 227-9:

in the name of the word of "means of identification" shall be replaced with words "means of customs identification";

state part one in the following edition:

"Change, destruction, damage or loss of means of customs identification, and also illegal opening of baggage of vehicles, the loaded goods which are under customs control

attracts imposing of penalty on citizens from ten to twenty, and on officials - from twenty to thirty minimum sizes of the salary";

to state the sanction of part two in the following edition:

"attracts imposing of penalty on citizens from twenty to thirty, and on officials - from thirty to fifty minimum sizes of the salary";

Article 227-10 to add 4) with part three of the following content:

"Making of the offense provided by part two of this Article, repeatedly within year after application of administrative punishment

attracts imposing of penalty on citizens from five to ten, and on officials - from ten to fifteen minimum sizes of the salary";

5) in Article 227-14:

in the sanction of part three of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from fifteen to thirty minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods";

in the sanction of part four of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from fifteen to thirty minimum sizes of the salary" shall be replaced with words "and on officials - from fifteen up to thirty minimum sizes of the salary with confiscation of goods";

6) in Article 227-16:

to exclude from disposition of part one of the word "in the absence of essential elements of offense";

add with part three of the following content:

"Not export out of limits of customs area of the Republic of Uzbekistan of earlier imported goods and vehicles within thirty days after application of administrative punishment for their not export if such export is obligatory,

attracts confiscation of goods and vehicles";

the third and fourth to consider parts respectively parts four and heel;

to exclude from disposition of part four of the word "in the absence of essential elements of offense";

in part five disposition to replace the word of "third" with the word of "fourth";

7) in Article 227-18:

to exclude from disposition of part one of the word "and order";

add with part three of the following content:

"The order the goods and vehicles placed under certain customs regime which is not conforming to requirements of this customs regime

attracts imposing of penalty on citizens from twenty to thirty, and on officials - from thirty to fifty minimum sizes of the salary";

8) in Article 227-19:

in part one:

to exclude from disposition of the word "in the absence of essential elements of offense";

in the sanction of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods";

in the sanction of part two of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from fifteen up to thirty minimum sizes of the salary with confiscation of goods";

9) in Article 227-20:

in part one:

to exclude from disposition of the word "in the absence of essential elements of offense";

to exclude from the sanction of the word "on citizens";

add with part two of the following content:

"The same offense made repeatedly within year after application of administrative punishment

attracts imposing of penalty from ten to fifteen minimum sizes of the salary with confiscation of goods";

10) in Article 227-21:

in part one:

to exclude from disposition of the word "in the absence of essential elements of offense";

in the sanction after words "the minimum sizes of the salary with confiscation of goods and vehicles, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods and vehicles";

in part two:

to exclude from disposition of the word "in the absence of essential elements of offense";

in the sanction of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods";

in part three:

state disposition in the following edition:

"Movement of goods through customs border of the Republic of Uzbekistan with fraudulent use of documents or means of customs identification, except as specified, stipulated in Article 227-22 and part one of Article 227-25 of this Code";

in the sanction of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods";

11) in Article 227-22 part one:

to exclude from disposition of the word "in the absence of essential elements of offense";

in the sanction of the word "the minimum sizes of the salary with confiscation of goods, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods";

12) in Article 227-23 part one:

in word disposition of "means of identification" shall be replaced with words "means of customs identification";

in the sanction of the word "the minimum sizes of the salary with confiscation of goods and vehicles, and on officials - from seven to fifteen minimum sizes of the salary" shall be replaced with words "and on officials - from seven up to fifteen minimum sizes of the salary with confiscation of goods and vehicles";

13) in Article 227-25:

to exclude from disposition of part one of the word "in the absence of essential elements of offense";

to exclude from disposition of part two of the word "in the absence of essential elements of offense";

To exclude 14) from disposition of Article 227-26 of the word "in the absence of essential elements of offense";

Item 11 of Article 271 to state 15) in the following edition:

"11) if the officials or workers of the subject of entrepreneurship or citizens who are engaged in business activity, for the first time made the offense provided by parts one, the second and third Article 164, Article part one 165, parts one and third Article 166, parts one, the second and third Article 167, Article 168, parts one, the second and third Article 171, Articles 172, of 173, parts one and the second Article 174, parts one - the eighth Article 174-1, parts one and the sixth Article 175, Article part one 1751, Articles 175-3, 175-4, Article part one 1755, Articles 176-1 - 176-4, part one of Article 177, part one of Article 177-1, part one of Article 177-2, parts one, with third - the eighth Article 178, parts one and the second Article 178-1, parts one and the second Article 179-2, part one of Article 179-4, Article 179-5, Article part one 215, part one of Article 215-1, parts one, third and fifth Article 227-8, parts one and third Article 227-14, part one of Article 227-15, parts one and the fourth Article 227-16, parts one and third Article 227-18, part one of Article 227-19, Article 227-21, part one of Article 227-22, part one of Article 227-23, Articles 227-24, 227-25 and 227-26, part one of Article 227-27 of this Code, voluntarily eliminated the allowed violations and (or) indemnified the caused material damage in 30-days time from the moment of detection of offense, except as specified damnifications of life and (or) to health of citizens";

Item 6 parts one of Article 287 to state 16) in the following edition:

"6) employees of customs authorities - when making the offenses provided by Articles 901, 184-2, 184-3, 185-1, 189, 189-1, 198, of 227, 227-1 - 227-27 of this Code";

The subitem "g" of part one of Article 291 to state 17) in the following edition:

"d) officials of customs authorities of the Republic of Uzbekistan - when making the administrative offenses provided by Articles 901, of 198, 227 - 227-27 of this Code";

Part third of Article 294 to state 18) in the following edition:

"Presence of person brought to the administrative responsibility is obligatory if for the offense made by it this Code provides application of administrative detention, confiscation or paid withdrawal of objects. In case of evasion of person from participation in consideration of the case about such administrative offense this person by determination of administrative court can be subjected to the forced drive by law-enforcement body. In exceptional cases the case on administrative offense connected with movement of goods or other values through customs border of the Republic of Uzbekistan with violation of the customs legislation on which confiscation can be applied is considered in lack of the face brought to the administrative responsibility if this person is outside the Republic of Uzbekistan or not opportunities to establish its residence".

Article 2. To provide to the State Customs Committee of the Republic of Uzbekistan together with the Prosecutor General's Office, the Supreme Court, the Ministry of Internal Affairs, the Ministry of Justice of the Republic of Uzbekistan and other interested organizations execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 3. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law.

Article 4. This Law becomes effective after three months from the date of its official publication.

 

 

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