RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of December 28, 1998 No. 30

About some questions which arose in court practice in connection with adoption of the Customs code approved by Oliy Majlis of the Republic of Uzbekistan on December 26, 1997

Due to the application of regulations of the new Customs code by courts there were some questions requiring the leading explanations of the Plenum of the Supreme Court.

The plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. By hearing of cases about crimes and other offenses in the field of customs activities courts shall mean that the legislation on customs affairs consists of the Customs code and other acts of the legislation, including acts of the State Customs Committee.

Explain that customs authorities treat state bodies which lawful decisions are obligatory for execution by all physical persons and legal entities, irrespective of patterns of ownership.

At the same time it must be kept in mind that acts of the State Customs Committee of normative nature acquire legal force after their registration in the Ministry of Justice.

2. Cases on violations of the customs legislation if they do not comprise essential elements of offense, are considered according to the procedure, provided by the Code of the Republic of Uzbekistan about the administrative responsibility, and are subordinated to customs authorities. In particular, application of administrative punishments in the form of penalty, and also confiscations of goods which list is established by the legislation belongs to competence of the chief of customs authority and its deputy.

It must be kept in mind that based on part two of article 245 of the Code about the administrative responsibility of the administrative law judge consider the merits of the case if the offender disputes the offense fact.

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