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Ministry of Justice of Ukraine

November 13, 2018

No. 1290/32742

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE, MINISTRY OF FINANCE OF UKRAINE

of October 18, 2018 No. 849/828

About approval of the Order of interaction of bodies of the State Border Service of Ukraine and the Public fiscal service of Ukraine during identification of signs of customs offenses, and also identification of property which has no owner or the owner of which is unknown

According to Article 558 of the Customs code of Ukraine to subitem 19-1.1.23 of Item 19-1.1 of Article 19-1 of the Section I of the Tax code of Ukraine, Item 33 parts one of article 20 of the Law of Ukraine "About the State Border Service of Ukraine", for the purpose of settlement of order of interaction of bodies (divisions) of protection of frontier during implementation of operational and service activity with customs and monitoring bodies it is ORDERED:

1. Approve the Order of interaction of bodies of the State Border Service of Ukraine and the Public fiscal service of Ukraine during identification of signs of customs offenses, and also identifications of property which has no owner or the owner of which is unknown which is applied.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine and the Ministry of the income and charges of Ukraine of October 3, 2013 No. 947/525 "About approval of the Instruction about operations procedure of bodies (divisions) of protection of frontier in case of detection of signs of customs offenses, and also identifications of property which has no owner or the owner of which is unknown, and procedure for further interaction of bodies (divisions) for protection of frontier with bodies of the income and charges", registered in the Ministry of Justice of Ukraine on October 29, 2013 for No. 1826/24358 (with changes).

3. To provide to management of interaction with the State Border Service of Ukraine (Speckled S.M.) submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

4. This order becomes effective from the date of its official publication.

5. We reserve control of execution of this order.

Minister of Internal Affairs of Ukraine

A. Avakov

Acting minister of finance of Ukraine

A. Markarova

It is approved:

Acting as Chairman of the State Border Service of Ukraine

 

V. Servatyuk

Acting as Chairman of the Public fiscal service of Ukraine

M.V.Prodan

Approved by the Order of the Ministry of Internal Affairs of Ukraine, the Ministry of Finance of Ukraine of October 18, 2018, No. 849/828

The order of interaction of bodies of the State Border Service of Ukraine and the Public fiscal service of Ukraine during identification of signs of customs offenses, and also identification of property which has no owner or the owner of which is unknown

I. General provisions

1. This Procedure determines the mechanism of the organization of interaction of bodies (divisions) of protection of frontier of the State Border Service of Ukraine (further - State frontier service) with customs of the Public fiscal service of Ukraine (further - GFS customs) in case of identification of signs of customs offenses, and also with head departments of the Public fiscal service of Ukraine in areas, the city of Kiev (further - GU GFS) in case of identification of property which has no owner or the owner of which is unknown.

2. In this Procedure terms are used in such values:

administrative task force - the border duty intended for rapid response to the administrative offenses revealed by officials of bodies (divisions) of protection of frontier;

department of the border service - division of body of protection of frontier of State frontier service which carries out tasks on protection of frontier of Ukraine or is directly involved in implementation of actions for ensuring national security and defense, to repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, being directly in areas and during implementation of the specified actions;

offense objects - goods and vehicles of commercial appointment which move through customs border of Ukraine person or group of persons in whose actions signs of customs offense are seen.

II. Actions of officials of bodies (divisions) of protection of frontier during identification of signs of offenses, counteraction to which is referred to competence of GFS customs

1. The official of body (division) of protection of frontier in case of identification during implementation of operational and service activity out of the check point (control Item) through frontier of Ukraine, out of the checkpoint of entrance departure of persons in whose actions signs of customs offense are seen:

takes measures for suppression of offense;

without delay (as soon as possible) informs the relevant control center of service on detention of persons and objects of offense with indication of date, time and circumstances of offense;

draws up the statement of detection (appendix 1);

ensures safety of objects of offense, their container and packaging, the available traces on them and takes measures for prevention of access to objects of offense of strangers, violations of their arrangement, avoids leaving of fingerprints of hands on the found goods and other objects concerning this offense;

transfers offense objects, the available covering notes, technical, registration documents, vehicle ignition keys, and also the act of detection (with mark about transfer) to administrative task force;

in case of identification in actions of persons of offenses, counteraction to which is referred to competence of State frontier service, constitutes concerning such persons protocols on administrative detention according to Articles 260 - 263 Codes of Ukraine about administrative offenses and performs registration of cases on administrative offenses according to the Instruction for registration by officials of the State Border Service of Ukraine of materials of cases on administrative offenses approved by the order of the Ministry of Internal Affairs of Ukraine of September 18, 2013 No. 898, registered in the Ministry of Justice of Ukraine on October 9, 2013 for No. 1729/24261;

transfers documents, and also the detained persons to administrative task force.

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