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Chapter 58. Controlled delivery of goods
conveyed through the customs border
Article 387. Specificity of a Controlled Delivery of Goods
and Means of Transport Conveyed Through the Customs Border
1.
With a view to preventing, identifying, suppressing and discovering crimes related
to illegal circulation of goods, free sale of which is prohibited or circulation
of which is restricted, the bodies implementing the operational and search activity
in compliance with the Law of the Kyrgyz Republic “On the Operational and Search
Activity” shall have a right to carry out a controlled delivery, i.e. an operational
and search activity, under which, with the knowledge and under control of the
bodies implementing the operational and search activity, it is allowed to import
into or export from the customs territory of the Kyrgyz Republic or convey the
imported goods in that territory, free sale of which is prohibited, or circulation
of which is restricted, or which are the tool and means for the commitment of
a crime, or conveyance of which through the customs border is a contraband.
2.
A controlled delivery of goods conveyed through the customs border shall be
carried out by customs bodies on the basis of international agreements of the
Kyrgyz Republic or by arrangements with customs or other bodies of foreign states
with a view to suppressing the international illegal circulation of goods, drugs
or psychotropic substances, as well as identifying persons participating in
such circulation. Other bodies implementing the operational and search activity
shall carry out a controlled delivery as agreed with the customs bodies in accordance
with the agreement between the authorized state body and other state body engaged
in the operational and search activity.
3.
In case of the making of a decision to carry out a controlled delivery of the
goods exported outside the customs territory of the Kyrgyz Republic on the basis
of international agreements of the Kyrgyz Republic or by arrangements with competent
bodies of foreign states, no criminal case in the Kyrgyz Republic shall be instituted,
and head of the body carrying out the controlled delivery shall immediately
inform the prosecutor in accordance with the established procedure.
Article 388. Withdrawal or Replacement of Goods Conveyed Through
the Customs Border in the Event of the Controlled Delivery
When carrying out a controlled delivery
of goods conveyed through the customs border, free sale of which is prohibited
or circulation of which is restricted, these goods may be fully or partially
withdrawn or replaced in accordance with the procedure established by the Government
of the Kyrgyz Republic.
Goods representing high hazard for health of people, environment or serving
as the basis for production of the mass destruction weapons shall also be subject
to replacement in accordance with the procedure established by the Government
of the Kyrgyz Republic. |
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