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Chapter 53. Use of physical power, special
means and arms by customs officers
Article 367. Conditions for Use of Physical Power, Special
Means and Arms by Customs Officials
In cases and in accordance with
the procedure stipulated this Code, customs officials of the Kyrgyz
Republic shall have a right to use physical power,
special means and fire-arms.
Customs officials of the Kyrgyz
Republic shall be obliged to have special training,
as well as go through a periodic check of appropriateness for actions in the
conditions related to the use of physical power, special means and fire-arms.
When using physical power, special
means and fire-arms, a customs official of the Kyrgyz
Republic shall be obliged:
- to warn about the intention of
their use, giving enough time for execution of his requirements, except for
those cases when delay of using physical power, special means and fire-arms
creates direct threat to his life and health, may entail other heavy consequences,
at sudden or armed attack, attack with use of military techniques and means
of transport or in other circumstances, when such warning in such condition
is irrelevant or impossible;
- to provide the physically injured
persons with primary aid and to immediately notify the head of the customs body
of the Kyrgyz Republic or his deputy of what happened;
- depending on the nature and degree
of threat of the infringement and persons that committed it, as well as strength
of the resistance, to try to make any damage done at elimination of threat minimal.
Head of the customs body of the
Kyrgyz Republic or his deputy shall be obliged
to immediately notify the prosecutor of all cases of death or heavy body injures.
Use of physical power, special means
and fire-arms with exceeding commission shall entail liability established by
normative legal acts of the Kyrgyz Republic.
Article 368. Use of Physical Power
For suppressing infringements and
arrest of persons that committed them, overcoming their resistance, suppressing
disobedience to legal orders or requirements, hindering legal access to the
premise, to the territory, to goods and means of transport being under customs
control, other actions, which prevent customs officials from fulfilling obligations
entrusted to them, and, if non-violent approaches cannot ensure implementation
of these duties, customs officials of the Kyrgyz Republic shall be entitled
to use physical power.
Article 369. Use of Special Means
Customs officials of the Kyrgyz
Republic shall have a right to use handcuffs, rubber
sticks, tear substances, devices to open premises, means for forced stopping
of means of transport, other special means in the following cases:
1) to repulse an attack on customs
officials of the Kyrgyz Republic or
on other persons;
2) to repulse an attack on buildings,
premises, constructions and means of transport belonging to or used by customs
bodies of the Kyrgyz Republic, on goods and means of transport being under customs
control, as well as to set free the mentioned objects in case of their capture;
3) to detain lawbreakers, to deliver
them to the office of the customs body of the Kyrgyz Republic, if these persons
show disobedience, resistance, other counteraction or may do damage to people
around or to themselves;
4) to suppress physical resistance
offered to the customs official of the Kyrgyz
Republic;
5) to stop a means of transport,
the driver of which did not follow the request of the customs official of the
Kyrgyz Republic to stop;
6) in other cases of a deliberate
hindering from execution of duties delegated to the customs official of the
Kyrgyz Republic.
It shall be prohibited to use special
means to women with obvious signs of pregnancy, persons with obvious signs of
disablement and minors, except for cases when they show armed resistance, group
or other attack threatening life and health of people, safety of goods and means
of transport being under customs control.
The complete list of special means
used by customs bodies of the Kyrgyz Republic shall
be established by the Government of the Kyrgyz Republic.
Article 370. Carrying and Storing Fire-Arms and Their Use
When fulfilling their official
duties, certain categories of customs officials of the Kyrgyz
Republic, designated by the authorized state body, shall be provided
with the right to carry, store and use fire-arms.
The list of types of fire-arms
and ammunitions thereto used in customs bodies of the Kyrgyz
Republic shall be established by the Government of
the Kyrgyz Republic.
Article 371. Application and Use of Fire-Arms
Customs officials of the Kyrgyz
Republic shall have a right to apply the fire-arm as
an extreme measure in the following cases:
1) for repulse of attack on customs
officials of the Kyrgyz Republic when
there is threat to their life or health;
2) for suppression of an attempt
to lay hold of fire-arms of customs officials of the Kyrgyz
Republic. The attempt by the person detained by the
customs official of the Kyrgyz Republic to approach to the fire-arm by reducing
the distance showed by this customs official or to touch such fire-arm shall
be deemed an attempt to lay hold of this fire arm;
3) for repulse of a group or armed
attack on buildings, premises, constructions and means of transport, which belong
or are used by customs bodies of the Kyrgyz Republic, goods and means of transport
being under customs control;
4) for detention of the person
that shows armed resistance, as well as of the armed person that refuses to
follow the regulatory requirement to hand in the arm.
Besides, customs officials of the
Kyrgyz Republic shall have a right to use
the fire-arm in the following cases:
1) for stopping
means of transport through their damage, if the driver creates real threat to
life and health of customs officials of the Kyrgyz Republic and does not follow
their repeated orders to stop;
2) for neutralization of animals
threatening life and health of customs officials of the Kyrgyz
Republic;
3) for alerting to the intention to use the fire-arm, for giving the alarm signal
or for calling for help.
It shall be prohibited to use the
fire-arm with respect to women, persons with obvious signs of disablement and
minors, except for cases when they show armed resistance, their armed, group
or other attack threatening life and health of customs officials of the Kyrgyz
Republic, and in case of considerable crowd of people when outside persons can
suffer.
The customs official of the Kyrgyz
Republic shall immediately report, in writing, of each
case of use of the fire-arm to the head of the customs body of the Kyrgyz
Republic or to his deputy, who then inform the prosecutor
of that fact no later than 24 hours from the moment of using the fire-arm. |
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