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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of September 6, 2013 No. 18

About court practice on cases on violation of the customs legislation and smuggling

(as amended on 03-07-2020)

Due to the questions which arose in court practice in case of application of the legislation on responsibility for violation of the customs legislation and smuggling, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain to courts that in sense of Article 5 of the Customs code of the Republic of Uzbekistan and article 3 of the Law "About Frontier of the Republic of Uzbekistan" the customs border of the Republic of Uzbekistan (further in the text - customs border) matches with Frontier of the Republic of Uzbekistan. To customs border the law carries also perimeters of free customs zones and free warehouses.

The customs area of the Republic of Uzbekistan is constituted by all its state territory, except for the territories of free customs zones and free warehouses (if other is not stipulated by the legislation).

2. The procedure for movement of goods and vehicles through customs border is strictly established by the Customs code of the Republic of Uzbekistan (further in the text - PIPE METALLURGIC COMPANY) and other acts of the legislation. Any movement of goods and vehicles through customs border made with violation of established procedure is considered illegal and attracts administrative or criminal liability.

3. The law connects type of responsibility for violation of the customs legislation with the size illegally of the goods moved through customs border or other values which is determined, proceeding from their cost on the date of making of offense.

For illicit movement through customs border of goods or other values to the large size always there comes the administrative responsibility, irrespective of involvement of person repeatedly within year to the administrative responsibility for similar offenses.

Criminal liability on part one of article 182 of the Criminal code of the Republic of Uzbekistan (further in the text - UK) comes only in cases if person brought to the administrative responsibility for illicit movement of goods and vehicles through customs border in large size (Article 227-21, part one of article 227-22 of the Code of the Republic of Uzbekistan about the administrative responsibility), within year after application of administrative punishment makes similar offense in large size again.

In the presence of the qualifying signs provided in part two of article 182 UK, criminal liability comes irrespective of involvement of person to the administrative responsibility for illicit movement of goods or other values earlier. At the same time criminal liability on the Items, "v" and "g" of part two of article 182 UK comes only in case of violation of the customs legislation in large size.

4. Subject of crime, stipulated in Article 182 UK, is, in particular:

any personal estate, including national currency of the Republic of Uzbekistan moved through customs border, currency values and other securities;

electric, thermal and other types of energy;

the vehicles recognized by goods according to Items 1 - 3 Articles 13 PIPE METALLURGIC COMPANY;

intellectual property items (useful model, industrial design);

cultural values - the movable objects of material world representing national, historical, art, scientific and cognitive, spiritual and moral and other cultural importance (article 3 of the Law of the Republic of Uzbekistan "About export and import of cultural values");

objects of plant and animal life.

5. In sense of article 182 UK illicit movement of goods or other values (further in the text - goods) through customs border consists in making of actions for import to customs area of the Republic of Uzbekistan or to export from this territory of goods one of the following methods:

in addition to customs control;

by concealment from customs control;

by fraudulent use of documents or means of customs identification;

by non declaration of goods or declaring them not the name;

by break.

6. Movement of goods in addition to customs control consists in making of any intentional actions for their import to customs area of the Republic of Uzbekistan or to export from this territory out of check points through customs border of the Republic of Uzbekistan or out of time of production of customs control.

If illicit movement of goods through customs border is integrated to illegal trip abroad or entry into the Republic of Uzbekistan, such actions of person qualifications on cumulative offenses, provided by articles 182 and 223 UK are subject.

7. Concealment from customs control of goods is understood as any actions directed to complicating their detection or to conceal their authentic properties or quantity (for example, giving to one goods of type of others, use of hiding places (emptiness, apertures between walls (frames) of the suitcases, bags, vehicles, containers and other means of transportation, on the design feature which are not intended for storage and the transportation of the objects which are specially made or adapted for illicit movement of goods through customs border, concealment of objects of crime in body of the person, animal, etc.).

8. It is necessary to understand presentation to customs authorities as fraudulent use of documents or means of customs identification, in particular:

obviously forgery documents;

the documents which are obviously containing false information; the documents received in the illegal way or relating to other goods;

invalid documents;

use of counterfeit means of customs identification (seals, seals, marking, identification tags, stamps and other means of identification, stipulated in Article 197 PIPE METALLURGIC COMPANY) or the authentic means of identification relating to other goods.

Draw the attention of courts that for each procedure of movement of goods through customs border the legislation provides the separate list of the documents and data which are subject to representation to customs authority (Articles 18-19 of PIPE METALLURGIC COMPANY). Proceeding from it, also data cannot be considered as illegal actions of person who did not submit to customs authorities the documents which are not provided by the specified lists.

9. Movement of goods through customs border by non declaration assumes the intentional not statement in the customs declaration of data on the goods necessary for decision making for the import permit or export (about release) goods, their room under the chosen customs regime, about calculation and collection of customs payments.

Through customs border by declaring not by the name it is necessary to understand the statement in the customs declaration as movement of goods or in other established declaration form of obviously false data on goods (the name, quality, properties, including the Commodity Nomenclatures of Foreign Economic Activity codes).

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