RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of April 2, 2003 No. 7

About court practice on cases on smuggling

Growth of illegal encroachments in the economic sphere has significant effect on stability of the state development and complicates implementation of economic, political and social reforms. Smuggling is one of the most dangerous forms of criminal activities as causes significant damage to economy and established procedure of foreign trade. By hearing of cases of this category courts should establish all participants of criminal activities, to determine sources of acquisition of objects of smuggling and to reveal the officials who rendered assistance to illegal actions.

For the purpose of ensuring uniform application of the legislation providing responsibility for smuggling, the Plenum of the Supreme Court of the Kyrgyz Republic decides:

1. Draw the attention of courts to special public peril of the smuggling causing significant damage to economy and functioning of the state, commercial and other organizations. Fight against smuggling shall be performed in case of strict and steady observance of requirements of the law with ensuring concepts of justice, proportionalities and competitivenesses.

2. By hearing of cases of the specified category to courts it is necessary to research comprehensively and objectively circumstances of each case, providing to the parties necessary conditions for complete and high-quality implementation of procedural law. Special attention should be paid to establishment and accountability of all participants of criminal activities, and also identification of sources of illegal acquisition of objects of smuggling and channels of their sale.

3. Smuggling is determined as movement through customs border of the Eurasian Economic Union in the Kyrgyz Republic or beyond its limits of goods or other objects in considerable size in addition to or with concealment from control, with fraudulent use of documents or means of identification or integrated to non declaration or doubtful declaring. Vina in the specified cases is possible only in the form of direct intention: person realizes illegal nature of the actions, wishes their making and understands that it uses the movement methods prohibited by the law.

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