IT IS REGISTERED
Ministry of Justice
Republic of Uzbekistan
On February 2, 2004 No. 1307
of November 5, 2003 No. 01-02/20-46
About approval of the Instruction about procedure for examination of persons, the following through customs border of the Republic of Uzbekistan
According to article 3 of the Law of the Republic of Uzbekistan "About the State Customs Service" (Sheets of Oliy Majlis of the Republic of Uzbekistan 1998, No. 5-6: Art. 102), Article 45 of the Customs code (Sheet of Oliy Majlis of the Republic of Uzbekistan 1998, No. 2: the Art. 36), the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 30, 1997 "About questions of the organization of activities State customs, committee of the Republic of Uzbekistan", the State Customs Committee of the Republic of Uzbekistan decides:
2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.
3. Recognize the voided "Temporary instruction about carrying out personal inspection of persons following through customs border of the Republic of Uzbekistan" approved by the order of the Head customs authority of the State Tax Committee of the Republic of Uzbekistan No. 59 of April 1, 1995.
4. To impose control over the implementation of this resolution on the vice-chairman S. Nasirov.
Chairman of the State Customs Committee of the Republic of Uzbekistan
B. Parpiyev
Approved by the Resolution of the State Customs Committee of the Republic of Uzbekistan of November 5, 2003 No. 01-02/20-46
This Instruction is developed according to the Code about the administrative responsibility and the Customs code of the Republic of Uzbekistan, and also the Law of the Republic of Uzbekistan "About the State Customs Service" and determines the bases and procedure for examination of the persons following through customs border of the Republic of Uzbekistan or being in the customs control zone or the transit area of the international airports.
1. According to Article 49 of the Customs code of the Republic of Uzbekistan when carrying out customs control customs authorities apply, as a rule, those its forms which are sufficient for ensuring compliance with the legislation.
Non-use of separate forms of customs control or release from them does not exempt from fulfillment of duties, stipulated by the legislation.
2. "Personal inspection" as form of customs control is made by the official of customs authority based on the written decision of the chief of customs authority or its deputy - the shift supervisor or person fulfilling their duties.
3. Any physical person following through customs border of the Republic of Uzbekistan or being in the customs control zone or the transit area of the international airport open for the international message can be subjected to personal inspection in the presence of good causes to assume that it hides in case of itself and does not show the goods which are subjects to violation of the law.
In the presence of good causes to assume that the physical person hides in case of itself and does not show the goods which are subjects to violation of the law, the official of customs authority reports the official report in form, according to appendix No. 1 to this Instruction, the chief of customs authority or its deputy - the shift supervisor or person fulfilling their duties.
The president and the Ex-president of the Republic of Uzbekistan, and also deputies of Legislative house and members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, deputies of the Jokargi Kenes of the Republic of Karakalpakstan, the representative of Oliy Majlis following through customs border on human rights (омбудсман), and also cabinet ministers of the Republic of Uzbekistan are exempted from form of customs control "Personal inspection" in the cases connected with accomplishment of service duties.
Judges of the Republic of Uzbekistan are also not exposed to personal inspection, except as specified, stipulated by the legislation.
Are not exposed to personal inspection of person, having diplomatic immunity according to the Vienna convention on the diplomatic intercourses accepted on April 18, 1961, and also other persons exempted from personal inspection according to international treaties which participant is the Republic of Uzbekistan or which are concluded with the Republic of Uzbekistan.
In case of need examination of specified persons personal inspection is made according to the procedure, provided by international treaties.
4. The bases for personal inspection of person are:
a) messages or petitions from citizens;
b) the materials which arrived from law enforcement and other state bodies of the Republic of Uzbekistan;
c) information of customs and other authorities of foreign states, and also international organizations;
d) the corresponding data containing in the materials which arrived from customs authorities of the Republic of Uzbekistan;
e) direct detection by officials of customs authority of any signs directly or indirectly specifying that the physical person hides in case of itself and does not show the goods prohibited to transportation through customs border.
5. The chief of customs authority or its deputy - the shift supervisor or person fulfilling their duties makes the written decision on carrying out examination of physical person in the form given in the appendix N 2 to this Instruction. The form of carrying out examination, for the purpose of its acceleration, is elected by the chief of customs authority or its deputy - the shift supervisor or person fulfilling their duties depending on specific conditions - time, day, nearness or remoteness of route. In the decision the specific official of customs authority to whom carrying out examination is entrusted shall be specified.
6. Personal inspection is made by the official of customs authority designated by the chief of customs authority or its deputy - the shift supervisor or person fulfilling their duties with the assistance of witnesses, and if necessary with the invitation of specialists, including health worker and translator.
Personal inspection of the minor or incapacitated physical person is made in the presence of his legal representatives (parents, adoptive parents, guardians, custodians) or persons accompanying them.
The decision on attraction to participation in personal inspection is made by the official making it according to requirements of the Customs code of the Republic of Uzbekistan and based on this Instruction.
Person which is exposed to the personal inspection having the right to require participation of the defender (lawyer) when carrying out personal inspection. At the same time before arrival of the defender personal inspection stops.
Presence in case of personal inspection of the persons who are not participating in it or not having relations to it is forbidden.
7. The official making personal inspection, and also other persons participating in personal inspection shall be same-gender with the examined person. Persons participating in personal inspection shall be full age by day of carrying out personal inspection.
Carrying out examination of minors and the physical persons needing leaving is performed with the assistance of their representatives or accompanying persons of identical floor.
If the sex of the representative or accompanying person is opposite, carrying out examination according to their requirement stops before receipt of the representative or the accompanying person of identical floor or before the choice of one of impartial passengers of the same floor.
8. Survey of body of the examined person is performed only by the health worker.
9. Personal inspection is made in the correct form excluding humiliation of personal advantage, damnification to health and property of the examined person in the limits necessary for detection of the goods which are perhaps hidden by physical person.
10. In case of the unreasonable delay of departure of the examined person connected with carrying out personal inspection and if it is found not guilty, this person shall be sent by officials of customs authorities on route the next next flight.
11. The rights and obligations of the official of customs authority in case of personal inspection.
a) The official of customs authority cannot take part in personal inspection and shall refuse carrying out personal inspection in cases if it:
- is relative of the examined physical person;
- it is directly or indirectly interested in certain results of this check;
- there is probability that when carrying out personal inspection it can cause damage to the examined person.
In the presence of the above-stated circumstances excluding possibility of carrying out personal inspection by the official of customs authority, the chief of customs authority or its deputy - the shift supervisor or his deputy - the shift supervisor or person fulfilling their duties the new decision charges carrying out personal inspection to other official of customs authority.
Legal representatives of the minor or incapacitated persons subjected to personal inspection, the decision on carrying out personal inspection by the official of customs authority to which it is entrusted having the right to appeal.
In case of recognition of reasonable complaint carrying out personal inspection is entrusted to other official of customs authority.
b) The official of customs authority who is carrying out personal inspection has the rights provided by the Customs code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About the State Customs Service" and other acts of the legislation, and also this Instruction.
c) The official of customs authority to whom carrying out personal inspection is entrusted shall:
- precisely and in time to follow instructions about carrying out personal inspection;
- be guided by requirements of the Constitution of the Republic of Uzbekistan, other legal acts of the Republic of Uzbekistan, and also provisions of this Instruction;
- constitute the protocol of personal inspection in the form given in the appendix N 3 to this Instruction and represent it on acquaintance to the examined person;
- to reflect completely in the protocol of personal inspection of opinion of persons participating in personal inspection.
12. Participation of witnesses in personal inspection:
a) as witnesses the full age citizens of the Republic of Uzbekistan who are not interested in results of personal inspection can be invited.
The number of witnesses shall be at least two people;
b) witnesses have the right to watch carrying out personal inspection, to express the opinions on actions when carrying out personal inspection and to require reflection them in the protocol, to study the protocol, and also to make complaints to actions of officials of customs authority;
c) witnesses shall be present during all process of personal inspection and certify the signature the protocol of personal inspection by results of its carrying out, and also not disclose the data revealed during examination without the permission of the official of customs authority.
13. Participation of the health worker in personal inspection:
a) during personal inspection the health worker has the right to use medical devices and the equipment, safe for health of physical person, to ask questions to the examined person, to require entering of the opinion in the protocol of personal inspection, to study the protocol constituted by results of personal inspection, to make the amendments to the protocol Items concerning survey of body and to make complaints to actions of officials of customs authority;
b) the health worker involved by the official of customs authority to carrying out personal inspection shall examine personally body of the examined physical person, and in case of need - his internals without damnification, to give explanations concerning survey, to confirm with the signature contents of the protocol of personal inspection and other documents, and also not to disclose the data revealed during examination without the permission of the official of customs authority.
14. Participation of other specialists in personal inspection:
a) the specialist participating in personal inspection, having the right to ask questions to the examined person, to use scientific and technical means and methods for detection and withdrawal of the hidden objects, to perform observations, measurements and researches, to give in need of consultation to the official of customs authority making personal inspection consultations on the questions requiring special knowledge and skills to express the opinion on the questions concerning the specialist and to require entering it in the protocol of personal inspection, and also to make complaints to actions of officials of customs authority;
b) the specialist participating in personal inspection shall follow precisely instructions of the official of customs authority, be present at all stages of personal inspection, using the special knowledge and skills, to participate in detection and identification of the objects hidden by the examined person, to draw the attention of the official of customs authority during examination on important at this stage for establishment of the truth of detail, to give explanations concerning the operations performed by it, to sign the protocol of personal inspection and other documents processed with its participation and also not to disclose the data revealed during examination without the permission of the official of customs authority.
15. Participation of the translator in personal inspection:
a) if the examined person does not know language in which the protocol is drawn up, if necessary the translator is attracted.
The translator can be involved at any stage of personal inspection at the initiative of the official of customs authority or based on the requirement of the examined person or his legal representatives.
In case of involvement of the translator personal inspection stops before its arrival;
b) the translator participating in personal inspection has the right for the purpose of correct translation to ask participants questions, to get acquainted with the protocol of examination, to express opinions which shall be included in the protocol, refuse participation in examination in case of insufficiency of knowledge and experience for transfer, and also to make complaints to actions of officials of customs authority;
c) the translator shall be present when carrying out personal inspection, precisely and fully to carry out transfer, to validate the signature in the protocol examination of transfer, and also not to disclose the data revealed during examination without the permission of the official of customs authority.
16. The rights and obligations of the examined person during personal inspection:
a) the examined person shall fulfill legal requirements of the official of customs authority;
b) the examined person has the following rights:
demand from the official of customs authority of submission to it of the decision on carrying out personal inspection;
get acquainted with the rights and obligations;
declare the claims and claims in written or oral type;
offer explanations and declare petitions;
study the constituted protocol on results of personal inspection and make remarks on its content;
use translation service;
demand participation of the defender during examination and use services of the defender;
make the complaint to the actions made during examination and also to person who was carrying out personal inspection and other participants.
17. The official of customs authority informs the physical person of the decision of the chief or his deputy - the shift supervisor or person fulfilling their duties, customs about carrying out personal inspection.
18. The examined person, having studied the decision of the chief or by his deputy - the shift supervisor or person fulfilling their duties of customs about carrying out personal inspection it is signed in the protocol.
In case of refusal from making of the specified actions about it the corresponding mark in the decision on carrying out personal inspection certified by signatures of the official of customs authority and witnesses becomes.
19. From the moment of acquaintance with the decision on carrying out personal inspection the examined person shall follow the instructions and requirements which are not contradicting the Customs code of the Republic of Uzbekistan or this Instruction to submit to requirements of rather fixed time, places, method and procedure for registration of personal inspection.
If the examined person does not fulfill or shows resistance to accomplishment of legal requirements of the official of customs authority, then these actions are the basis for administrative detention of the examined person according to Item 6 of article 287 of the Code of the Republic of Uzbekistan on the administrative responsibility.
20. After acquaintance with the decision on carrying out personal inspection person is forwarded to the room of examination where to it in the presence of witnesses it full, distinctly and with explanations its rights and obligations specified in Item 16 of this Instruction become engrossed in reading.
Person shall confirm that its rights and obligations were read prior to verification process, having signed it at the beginning of the report on check.
21. The physical person is offered to issue voluntarily the things and objects hidden from customs control. Voluntarily issued things and objects are shown to persons participating in personal inspection.
22. If the physical person refused to issue voluntarily hidden objects or if after their issue the official of customs authority has assumptions of availability of the hidden objects, the official of customs authority starts personal inspection of physical person.
23. If the physical person shows discontent with the official of customs authority who is carrying out personal inspection, then this official of customs authority brings it to the attention of the chief or his deputy - the shift supervisor or person fulfilling their duties of customs authority.
24. For the purpose of safety personal inspection is made, having convinced that the examined person has no fire, gas or cold weapon or loose and other substances and objects suitable for attack.
25. Examination of person is carried out in specially equipped premises of customs authority intended for this event. As a rule, in this room there shall be table, chairs, clothes - headboard and the first-aid kit. Examination of person is conducted in the closed, hygienic rooms, including on customs posts, in the enclosed space of the airports, at stations and in other organizations.
26. In case of escort of the physical person to the room of examination control of that the specified person did not throw out on the earth shall be provided or did not hide the objects which are in case of it, documents to any place.
27. The room in which personal inspection is made shall be previously inspected by the official of customs authority in the presence of witnesses. Doors, windows, illuminators shall be closed, indoors there shall be no objects which can be used as the attack tool.
28. Access for strangers to the room where personal inspection is made, strangers and possibility of observation from outside of carrying out personal inspection shall be completely excluded.
29. It is strictly forbidden to carry out personal inspection of several persons at the same time in one room.
30. Clothes, footwear and other objects of physical person shall be attentively checked by the official of customs authority making personal inspection.
31. During personal inspection:
a) all objects which are available for the examined person (cane, umbrella, purse, lighter, pen, cigarette case, etc.) are inspected;
b) the outerwear, footwear and headdress removed by the examined person are inspected;
c) superficial part of underwear of the examined person is carefully inspected;
d) the underwear which is taken off by the examined person is inspected;
e) the body is inspected, hair, hands, foot of legs, space between fingers of the examined person are inspected.
32. During personal inspection permanent observation of behavior of the examined person is conducted, and also special attention on the traces of repair of clothes, footwear and other personal objects tied on his body bandage or on especially characteristic methods of concealment of these or those objects is paid.
33. In case of survey of clothes and footwear it is paid attention to objects of handicraft work, orthopedic footwear, headdress, seams, patches, cuffs, coat hanger, liner, belt of clothes, top, insole and heels of footwear.
34. For the purpose of care with property of the examined person some things inspect, having taken in hand or having opened them only if necessary.
35. If the examined person voluntarily issues the objects which are not shown them to customs control, and the official of customs authority made sure of lack of other hidden objects at the examined person, then the official can be limited to registration of voluntarily issued objects.
36. Found in the examined person or the objects which are voluntarily issued to them are shown to it and are warehoused in the place not available to the examined person.
37. Upon termination of personal inspection the official of customs authority attentively inspects the room in which personal inspection was carried out.
In case of detection of objects which were not in before carrying out personal inspection the official of customs authority shall take necessary measures for establishment of their accessory.
38. To persons participating in personal inspection it is strictly forbidden to disclose results of examination.
39. It is forbidden to disclose the physical defects or features of the examined person which became known in case of personal inspection.
40. The persons which divulged in defiance of provisions of Items 38 and 39 of this Instruction of the data, became to them known in the course of personal inspection are made responsible according to the current legislation of the Republic of Uzbekistan.
41. Upon completion of check of person the protocol of check of person according to the procedure, established by the official of customs authority is constituted. The original of the protocol is stored in the curtailed folder on customs post, and the photocopy is provided to the checked face (the representative, the accompanying person). If person refuses to receive protocol photocopy, the responsible of customs authority enters the relevant information and signs the corresponding part of the original.
42. In the protocol of personal inspection are specified:
date and place of creation of the protocol, and also time of the beginning and end of carrying out personal inspection;
the name of customs authority, position, surname, name, middle name of the official of the customs authority which was making personal inspection and which constituted the protocol;
the name of customs authority, position, surname, name, middle name of the chief or person, his deputy - the shift supervisor or their obligation of customs authority which made the decision on carrying out personal inspection;
nationality, surname, name, middle name, year of birth, information in documents of the checked face (the representative of the minor and person needing leaving, the attendant or the representative in verification process, person participating in quality of the accompanying person);
data on the room or venue of personal inspection (airport, station, train, other buildings);
surnames, names, middle names of the witnesses who were taking part in examination this about their place of residence or works;
the surnames, names, middle names, data certifying place of employment and specialty of the health worker and translator and also other specialists who were taking part in personal inspection;
data on explanation of the rights and obligations to the examined person, and also all other persons participating in carrying out personal inspection;
data on presentation to the examined person of the decision on carrying out personal inspection and the offer to voluntarily issue the hidden objects;
data on detection or voluntary issue by the examined person of the hidden objects, on condition of the found objects, on availability at them of features, their quantity;
duration or restrictions in carrying out personal inspection;
data on the technical means, medical devices used during examination (type, model, brand), conditions and procedure for their application;
availability of opinions, objections and statements of the examined person and persons participating in personal inspection;
the description of behavior of the examined person (in case of need).
43. In case of refusal the examined person from signing of the protocol the cause of failure is specified in the protocol and makes sure signatures of witnesses.
44. Are applied to the protocol of personal inspection:
the objects which are voluntarily issued by the examined person;
the objects found and withdrawn during personal inspection;
pictures and negatives, movies, the audio-and video records made during personal inspection;
explanatory notes and statements of the examined physical person, the specialist, the health worker, witnesses participating in personal inspection;
officially the drawn-up results of observations, measurements and researches, and also data on the used medical means or information on them.
45. The objects which are voluntarily issued by the examined physical person or found in it during personal inspection video, audio recordings, photo, film and other things are packed into separate packets and sealed. These packets shall contain the necessary explanations certified by signatures of witnesses and the official of customs authority.
46. Protocols of personal inspection shall be registered in the "Registration of Protocols of Personal Inspection" magazine with indication of day and year of carrying out personal inspection on accruing since the beginning of calendar year.
47. The magazine and the protocol are stored in customs authority where personal inspection was made.
The magazine shall be stitched, numbered and sealed seal of regional customs authority in accordance with the established procedure.
48. In case of initiation of proceedings about violation of the customs legislation the protocol of personal inspection attach to materials of the corresponding case on customs offense. On post where examination was made personal, there is its copy.
49. In case of detection of the facts of violation of the customs legislation person offender is made responsible according to the procedure, established by the legislation of the Republic of Uzbekistan.
50. Illegal actions of the official of customs authority during personal inspection can be appealed by the examined person according to the legislation of the Republic of Uzbekistan.
51. The harm done to property of the examined person owing to illegal actions official persons; customs authority and as a result of personal inspection it is compensated according to the legislation of the Republic of Uzbekistan.
52. In case of non-compliance with provisions of this Instruction the official of customs authority making personal inspection is made responsible according to the current legislation of the Republic of Uzbekistan.
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The document ceased to be valid since April 21, 2016 according to Item 1 of the Resolution of the State Customs Committee of the Republic of Uzbekistan of April 9, 2016 No. 01-02/12-21