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Chapter 46. Additional provisions relating
to customs control
Article 332. Release from Certain Forms of Customs Control
1. Release from application by customs bodies
of certain forms of customs control shall be established exclusively by this
Code.
2. Personal luggage of the President of the Kyrgyz
Republic and members of his family accompanying him
shall not be subject to customs inspection.
3. Personal luggage of deputies of Jogorku Kenesh
of the Kyrgyz Republic
and members of the Government of the Kyrgyz
Republic shall not be subject to customs inspection,
if these persons cross the State border of the Kyrgyz Republic because
of execution of their deputy or official duties.
4. Foreign military air crafts and military engineering
moving on their own shall be released from customs inspection.
5. Release from certain forms of
customs control in compliance with international agreements of the Kyrgyz
Republic shall be provided after ratification of these agreements.
Article 333. Gathering of Information by Customs Bodies on
Persons During Customs Control
1. For purposes of customs control the customs bodies shall
be entitled to gather information on persons implementing foreign trade activity
related to conveyance of goods and means of transport through the customs border,
or a business activity with respect to goods being under customs control, including
information on founders of the organization, composition of the property, activity
of the organization, including the one in the area of foreign trade activity,
data on registration, location and solvency, as well as personal data of citizens,
particularly the full name, date and place of birth, sex and residence address.
2. Persons mentioned in Item 1 of this Article shall have
a right to access to the documented information on them, available at customs
bodies, and to clarification of such information for the purpose of ensuring
its completeness and reliability.
3. Information on persons shall be gathered by customs bodies
during customs clearance of goods and means of transport conveyed through the
customs border, as well as by means of receipt of information from tax bodies,
bodies of internal affairs, bodies implementing State registration, and other
means not prohibited by legislation of the Kyrgyz Republic.
Article 334. Use of Technical Devices at Performance of Customs
Control
With a view to reducing the time of customs control and increasing
its optimization and efficiency, the customs bodies may use technical devices.
The mentioned technical devices should be safe for human
life and health.
Article 335. Identification of Goods and Means of Transport
1. Seals, stamps, marking in letters and other marking, identification marks,
transportation, commercial and other documents may be used for identification
of goods and means of transport being under customs control, as well as stamps
may be affixed, tests and samples of goods may be taken, goods and means of
transport may be described in detail, sketches, scale drawings, pictures and
illustration may be made and other means of identification may be provided.
2. Means of identification may be destroyed or changed (replaced) only by customs
bodies or at their permission, except for cases when there is real threat of
destruction, irrevocable loss or significant damage of goods and means of transport.
The customs body shall immediately be notified of the change, elimination, destruction
or damage of means of identification and provided with proof of existence of
such threat.
3. Provisions of Item 2 of this Article shall extend to cases when seals, stamps
or other means of identification applied by the customs bodies of foreign states
are used as means of identification for customs purposes.
Article 336. Use of Results of Customs Control at Proceeding
and Consideration of Cases on Administrative Infringements in the Area of Customs
Matter, Civil and Criminal Cases
The results of customs control registered in compliance with
provisions of this Section shall be proofs on administrative, criminal and civil
cases and shall be subject to valuation by Court or by official when considering
cases related to the bringing of persons to administrative or criminal liability,
with consideration of complaints on the decision, action (omission) of customs
bodies and their officers, or cases on economic disputes to be solved judicially,
along with other proofs in compliance with administrative, criminal-procedural
and civil-procedural legislation of the Kyrgyz Republic.
Article 337. Observation by Persons of Requirements on the
Minimum Period of Time for Customs Control
Persons shall
be obliged to follow the requirements on the minimum period of time necessary
for implementation of customs control. Damage done to a person as a result of
his failure to observe such requirements shall not be subject to reimbursement.
Article 338. Involvement of Specialists of Other State Bodies
for Providing Assistance in Performance of Customs Control
1. According to legislation of the Kyrgyz Republic customs bodies shall be entitled
to involve specialists of other law enforcement or controlling bodies to provide
assistance in performing customs control.
2. Expenses
related to involvement of specialists of other state bodies, if such work is
not included in their duties, shall be covered by customs bodies in accordance
with the procedure established by the Government of the Kyrgyz Republic.
Article 339. Inadmissibility of Unlawful Damage during Customs
Control
1.
At performance of customs control it shall not be allowed to do unlawful damage
(including unlawful accrual to customs payments) to the carrier, declarant,
their representatives, owners of temporary storage warehouse and bonded warehouses,
owners of duty free shops and other persons, whose interests are affected by
actions (omission) and decisions of customs bodies at performance of customs
control, as well as to goods and means of transport.
2.
Losses caused by unlawful actions (omission) of customs bodies and their officials
at performance of customs control shall be reimbursed in full, including the
missed benefit (missed income).
3.
Customs bodies and their officials shall bear liability stipulated by legislation
of the Kyrgyz Republic for losses brought to persons.
4.
Losses brought to persons through legal actions of customs officers shall not
be reimbursed, except for cases stipulated by legislation of the Kyrgyz
Republic. |
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