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LAW OF UKRAINE

of September 17, 2024 No. 3977-IX

About modification of the Customs code of Ukraine concerning establishment of features of service in customs authorities and carrying out certification of officials of customs authorities

The Verkhovna Rada of Ukraine decides:

I. Bring in the Customs code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2012, Art. No. No. 44-48, 552) such changes:

1. The second Article 4 to add part with the paragraph the second the following content:

"Term" close persons "in this Code is used in the value given in the Law of Ukraine" About prevention of corruption".

2. The fourth to state the paragraph to part one of Article 320 in the following edition:

"Determination of forms and amounts of customs control by other state bodies, including law enforcement agencies, and also participation their official and officials in implementation of customs control is not allowed".

3. The paragraph one of part six of Article 356 to state in the following edition:

"6. Sampling (samples) of the goods which are under customs control at the initiative of official and officials of other state bodies, including law enforcement agencies, and also customs applicants is performed by such persons independently, with use of own technical means for sampling (samples) of goods, with permission and in the presence of officials of the relevant customs authority".

4. State Article 546 in the following edition:

"Article 546. Customs

1. The customs is customs authority which in zone of the activities provides accomplishment of the tasks assigned to customs authorities.

2. The customs is territorial authority of the central executive body realizing the state customs policy, has separate balance, accounts in the bodies performing treasurer servicing of budgetary funds, seal and the form with the image of the State Emblem of Ukraine and with the name and is effective according to the Constitution of Ukraine, this Code, other regulatory legal acts and based on provision which affirms the central executive body realizing the state customs policy.

3. The head of the central executive body realizing the state customs policy can delegate to the head of customs the separate powers determined by this Code, the legislation on public service, other laws of Ukraine and regulations on the central executive body realizing the state customs policy. The list of such delegated powers is determined by regulations on customs.

4. The head of customs, his first deputy and deputies are appointed to positions and leave from positions the head of the central executive body realizing the state customs policy according to the legislation on public service without approval of other public authorities or local government bodies.

5. Before position assignment of the head of customs the head of the central executive body realizing the state customs policy informs on the candidacy of the minister selected for position who directs and coordinates activities of the central executive body realizing the state customs policy which within one month from the date of receipt of such information can conduct interview with the candidate for position of the head of customs and inform on the line item concerning the candidate for the head of the central executive body realizing the state customs policy. Carrying out by the minister who directs and coordinates activities of the central executive body realizing the state customs policy, interviews with the candidate and results of such interview do not stop appointment of the candidate for position of the head of customs and are not the basis for its dismissal from position.

6. The customs performs the activities in the territory of one, two or more administrative and territorial units of Ukraine. Zones of activities of customs are determined by regulations on this customs.

7. Creation, reorganization and liquidation of customs are performed according to the procedure, determined by the legislation".

5. Second and third Article 569 to state parts in the following edition:

"2. Officials who are for the first time employed in customs authorities and were not earlier in public service, take the Oath of the government employee according to the Law of Ukraine "About public service".

3. The relations arising in connection with acceptance on public service in customs authorities, passing and the termination of public service in customs authorities are determined by the legislation on public service, except the features provided by this Code".

6. State Article 570 in the following edition:

"Article 570. Features of acceptance on service in customs authorities

1. In customs authorities the citizens of Ukraine who reached 18-year age and capable on the business and moral qualities, educational level and the state of health to carry out the tasks assigned to customs authorities are employed. With acceptance on service testing according to the Law of Ukraine "About public service" can be established.

2. Acceptance on service of persons applying for holding the posts of public service of categories "B" and "B" in customs authorities is performed by results of the open tender held according to the legislation on public service if other is not provided by the law.

Acceptance on service in customs authorities on position which are not positions of public service is performed according to the procedure, the determined legislation of Ukraine on work, taking into account the features provided by this Code.

3. On service in customs authorities cannot arrive person who:

1) the recognized incapacitated or civil capacity to act of which is limited in the procedure established by the law;

Nationality (citizenship) of other state has 2);

The criminal record for making of intentional criminal offense has 3) if such criminal record is not extinguished or is not removed in the procedure established by the law;

4) according to the judgment it is deprived of the right to be engaged in the activities connected with accomplishment of functions of the state or to hold the corresponding positions;

5) within the last year it was brought to the administrative responsibility for making of the administrative offense connected with corruption;

6) did not undergo special testing or did not agree to its carrying out;

7) falls under the prohibition established by the Law of Ukraine "About clarification of the power";

8) it was dismissed from customs authorities in connection with non-presentation of the written application about provision of consent to passing of the certification provided by the Law of Ukraine "About modification of the Customs code of Ukraine concerning establishment of features of service in customs authorities and carrying out certification of officials of customs authorities", in connection with written refusal of passing of such certification or based on the solution of certifying commission on unsuccessful passing of the specified certification - within 10 years from the date of dismissal.

4. Persons applying for holding the posts of public service in customs authorities shall conform to general and special requirements to their professional competence.

General requirements to persons applying for holding the posts of public service in customs authorities are determined by the legislation on public service.

Special requirements to persons applying for holding the posts of public service of categories "B" and "B" in customs authorities are determined taking into account customs competences.

The list of customs competences and their levels for positions of public service of categories "B" and "B" affirms as customs authorities the central executive body realizing the state customs policy.

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