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The agreement on features of the criminal and administrative responsibility for violations of the customs legislation of custom union and state members of custom union

of July 5, 2010

The state members of custom union within Eurasian economic community which are hereinafter referred to as with the Parties

for the purpose of ensuring compliance with the customs legislation of custom union and state members of custom union, establishment of features of the criminal and administrative responsibility for violations of the customs legislation of custom union and state members of custom union,

being guided by the conventional principles and rules of international law,

based on provisions of the Agreement on creation of single customs area and forming of custom union of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009 (further - the Agreement on the Customs Code of the Customs Union),

agreed as follows:

Article 1

For the purposes of this Agreement the following main terms and their determinations are used:

"competent authorities" - customs authorities and other authorized state bodies of the Parties;

"customs authorities" - customs authorities of the Parties;

"crimes" - violations of the customs legislation of custom union and the legislation of the Parties, control of which observance is imposed on customs authorities for which making criminal liability is provided by the legislation of the Parties;

"administrative offenses" - violations of the customs legislation of custom union and the legislation of the Parties, control of which observance is imposed on customs authorities for which making the administrative responsibility is provided by the legislation of the Parties;

"goods" - goods in the value provided by the Agreement on the Customs Code of the Customs Union;

"cultural values" - objects and/or collections of religious or secular nature, and also their components or fragments, irrespective of time of their creation, considered by each Party as representing value for culture, archeology, history, literature, art or sciences according to the legislation of the Parties;

"person" - the legal entity; the organization, not being the legal entity; physical person, including individual entrepreneur.

Article 2

1. This Agreement determines features of attraction to the criminal and (or) administrative responsibility for violations of the customs legislation of custom union and the legislation of the Parties, control of which observance is imposed on customs authorities.

2. When attracting to the criminal and (or) administrative responsibility of persons of the Party and their competent authorities provide goal achievement of this Agreement.

Article 3

1. Types of crimes and administrative offenses, and also procedure and the principles of attraction of persons to the criminal and (or) administrative responsibility are determined by the legislation of the Parties with the features established by this Agreement.

2. Each Party shall take measures for introduction of amendments to the legislation providing the criminal and administrative responsibility for violations of the customs legislation of custom union and the legislation of the Parties and to reduction to uniform determination of illegality of such acts.

Article 4

1. Person who made administrative offense on customs area of custom union is subject to administrative prosecution by the legislation of that Party in the territory of which the administrative offense is revealed.

2. In case of nondelivery of goods and documents on them in the delivery location established by customs authority of departure, person is subject to administrative prosecution by the legislation of that Party by which customs authorities goods are issued according to customs procedure of customs transit.

3. Administrative process (production) is conducted performed) by the legislation of the Party in which person is involved or is subject to administrative prosecution.

Article 5

1. Except as herein otherwise provided, criminal case is brought and investigated in the place of crime execution, and in case of impossibility of determination of the place of crime execution - in the place of detection of crime.

If person concerning whom criminal prosecution of one Party by competent authority is performed is citizen of other Party which does not issue it, criminal case can be directed for implementation of criminal prosecution of this person to this other Party.

In case of crime committing by person in the territory of several Parties the territory of the Party in which the last criminal action is committed is considered the place of its making.

If crimes are commited by person in the territory of the different Parties, then under approval between the bodies authorized according to the legislation of the Parties criminal case can be investigated in the territory of that Party where the majority of crimes or the heaviest of them is committed.

2. Each Party according to the legislation can initiate and investigate criminal cases on the crimes directed against its interests, made in the territory of other Parties.

3. Preliminary inquiry on criminal case is made according to the criminal procedure legislation of the Party in the territory of which criminal case is investigated.

4. In case of identification by one Party in case of consideration of the application, messages on crime or during the investigation of criminal case about crime of signs of other criminally liable act which is not crime in sense of Article 1 of the this Agreement made in the territory of other Party, materials are transferred to this other Party for consideration according to its criminal procedure legislation.

Article 6

The results of carrying out customs control which are drawn up by customs authorities of any Party according to provisions of the Agreement on the Customs Code of the Customs Union and also results of accomplishment by competent authority of one Party according to the legislation of this Party of legal proceedings based on orders of competent authorities of other Party are recognized quality of proofs on criminal cases and cases on administrative offenses and are subject to assessment by consideration of the specified cases along with other proofs according to the legislation of the Parties.

Article 7

1. Person concerning whom the sentence or other judgment on criminal case in the territory of one Party took legal effect cannot be brought to trial for the same act by other Party.

2. Person concerning whom the decision on the case of administrative offense in the territory of one Party took legal effect cannot be brought for the same act to the administrative responsibility by other Party.

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