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LAW OF THE REPUBLIC OF BELARUS

of January 10, 2014 No. 129-Z

About customs regulation in the Republic of Belarus

It is accepted by the House of Representatives on December 16, 2013

Approved by Council of the Republic on December 19, 2013

(as amended on 19-06-2017)

Section I. General provisions

Chapter 1. Basic provisions about customs regulation in the Republic of Belarus

Article 1. Customs regulation and customs affairs in the Republic of Belarus

1. Customs regulation in the Republic of Belarus - legal regulation of the relations connected with movement of goods through customs border of the Customs union within Eurasian economic community (further - the Customs union) in the Republic of Belarus, their transportation on single customs area of the Customs union (further - customs area of the Customs union) in the Republic of Belarus under customs control, temporary storage, customs declaring, release and use according to customs procedures, carrying out customs control, customs payment, and also the imperious relations between customs authorities of the Republic of Belarus (further - customs authorities) and persons exercising rights of possession, uses and orders the specified goods.

2. The customs affairs represent set of the methods and means providing observance of the customs legislation of the Customs union and the legislation of the Republic of Belarus on customs regulation.

3. The president of the Republic of Belarus determines the state customs policy and performs the common directorship of customs affairs.

The republican state body realizing the state customs policy and performing direct management of customs affairs is the State Customs Committee of the Republic of Belarus.

The State Customs Committee of the Republic of Belarus provides realization in the customs purposes of tasks in the field of customs affairs and uniformity of application of the customs legislation of the Customs union and the legislation of the Republic of Belarus on customs regulation by all customs authorities in the territory of the Republic of Belarus.

4. The Republic of Belarus participates in international cooperation in the field of customs regulation for the purpose of harmonization and standardization of the legislation of the Republic of Belarus on customs regulation with rules of international law and the commonly accepted international practice.

Article 2. Legal regulation of the relations in the field of customs affairs in the Republic of Belarus

1. Legal regulation of the relations in the field of customs affairs in the Republic of Belarus is performed according to the customs legislation of the Customs union and the legislation of the Republic of Belarus on customs regulation.

2. The legislation of the Republic of Belarus on customs regulation is applied to regulation of the relations in the field of customs affairs which are not settled by the customs legislation of the Customs union or regulation of which is referred by the customs legislation of the Customs union to competence of state members of the Customs union.

3. To the relations on collection and customs payment, belonging to taxes, the tax legislation of the Republic of Belarus, the legislation of the Republic of Belarus on customs regulation are applied if other is not established by the customs legislation of the Customs union.

4. The procedure for import to the Republic of Belarus and export from the Republic of Belarus of Belarusian rubles, securities in Belarusian rubles and foreign currency, currencies of state members of the Customs union, other foreign currency and other currency values is regulated by the customs legislation of the Customs union, international treaties of state members of the Customs union, the foreign exchange legislation of the Republic of Belarus and this Law.

Article 3. Legislation of the Republic of Belarus on customs regulation

The legislation of the Republic of Belarus on customs regulation represents system accepted (published) on the basis and according to the Constitution of the Republic of Belarus of regulatory legal acts which includes:

this Law;

acts of the President of the Republic of Belarus concerning customs regulation;

the orders of the Government of the Republic of Belarus concerning customs regulation accepted on the basis and in pursuance of this Law, acts of the President of the Republic of Belarus concerning customs regulation;

the regulatory legal acts of the State Customs Committee of the Republic of Belarus concerning customs regulation adopted in the cases and limits provided by the customs legislation of the Customs union, this Law, acts of the President of the Republic of Belarus and the orders of the Government of the Republic of Belarus concerning customs regulation.

Article 4. Action of provisions of international treaties of the Republic of Belarus concerning customs regulation

1. The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation of the Republic of Belarus on customs regulation.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law or other acts of the legislation of the Republic of Belarus of customs regulation then are applied rules of the international treaty.

Article 5. Procedure for calculation of the terms established by this Law

Determination of the beginning and the termination of the terms established by this Law, determined by period of time or approach of event is made according to the procedure, the provided Customs Code of the Customs Union which is appendix to the Agreement on the Customs Code of the Customs Union of November 27, 2009 (further - the Customs Code of the Customs Union).

Article 6. The relation to information obtained by customs authorities

1. Customs authorities and other state bodies, their officials, the other persons who received owing to the act of the legislation of the Republic of Belarus information access specified in Item 1 of article 8 of the Customs Code of the Customs Union having no right to disclose, trade on or transfer to the third parties, including state bodies, information, distribution and (or) provision of which it is limited, except as specified, established by the customs legislation of the Customs union, this Law, other laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus.

2. Customs authorities transfer the information which is available for them including received according to international treaties of the Republic of Belarus, to state bodies if such information is necessary for the specified bodies for the solution of the tasks assigned to them by the laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus with observance of requirements of the legislation of the Republic of Belarus on information security, distribution and (or) provision of which is limited, and also international treaties of state members of the Customs union according to the procedure, established by the Government of the Republic of Belarus if other is not determined by the laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus.

3. Information specified in Item 1 of article 8 of the Customs Code of the Customs Union is transferred to state bodies of foreign states according to international treaties of the Republic of Belarus with observance of requirements of the legislation of the Republic of Belarus.

Article 7. The main terms used in this Law and their determinations

1. In this Law the following main terms and their determinations are used:

1.1. failure to act - rejection of the decision or non-execution of the action by customs authorities or their officials ordered by the customs legislation of the Customs union and (or) the legislation of the Republic of Belarus during fixed term;

1.2. commodity importation to the Republic of Belarus - making of the actions connected with crossing of Frontier of the Republic of Belarus as a result of which goods arrived to customs area of the Customs union in the Republic of Belarus in any manner, and when crossing the site of Frontier of the Republic of Belarus on which customs control is cancelled, - the actual crossing of the line of such border;

1.3. commodity exportation from the Republic of Belarus - making of the actions connected with crossing of Frontier of the Republic of Belarus as a result of which goods decreased from customs area of the Customs union in the Republic of Belarus in any manner, and when crossing the site of Frontier of the Republic of Belarus on which customs control is cancelled, - the actual crossing of the line of such border;

1.4. persons in whose actual possession there are goods, - the persons which actually have goods, that is holding and ensuring their safety including owing to the property right, ownership based on the transportation agreement or on other basis, stipulated by the legislation the Republic of Belarus or the agreement;

1.5. the face of the Republic of Belarus - the legal entity, the organization, not being the legal entity, the Republic of Belarus created according to the legislation, and also the physical person having the permanent residence in the Republic of Belarus including the individual entrepreneur registered according to the legislation of the Republic of Belarus;

1.6. the owner - person who belongs exclusive right on intellectual property item under the law or the agreement;

1.7. presentation of goods to customs authority - placement of goods in the customs control zone;

1.8. import Item - the Item of customs clearance established by the President of the Republic of Belarus or according to its order the Government of the Republic of Belarus in which the customs transactions connected with arrival of goods on customs area of the Customs union in the Republic of Belarus are made;

1.9. export Item - the Item of customs clearance established by the President of the Republic of Belarus or according to its order the Government of the Republic of Belarus in which the customs transactions connected with departure of goods from customs area of the Customs union in the Republic of Belarus are made;

1.10. Item of customs clearance - officially the established place of permanent accommodation of officials of customs authorities, structural divisions of customs authorities intended for making of customs transactions and carrying out customs control;

1.11. the region of activities of customs authority - the territory assigned to customs in which space limits by this customs makes customs transactions and is carried out customs control;

1.12. the decision - the act of individual nature adopted by customs authorities or their officials in the field of customs regulation for the purpose of implementation of specific organizational, control or administrative actions, affecting the rights and legitimate interests of the interested person;

1.13. warehouse of temporary storage - specially allocated and equipped construction meeting the Law established to the presents the requirements used by the legal entity performing activities in the field of customs affairs as the warehouse keeper of temporary storage for the purpose of rendering services to legal entities and physical persons in storage of goods of these persons and also for storage of the goods which are in ownership or in property of the warehouse keeper;

1.14. construction - capital structure (building), its part, complex of capital structures (buildings), the room in capital structure (building), the equipped territories which are under protection or having verification regime of access for physical persons;

1.15. customs infrastructure - set of the constructions, engineering communications and other real estate objects, including the social appointment which are in operational management of customs authorities and providing activities of customs authorities;

1.16. customs warehouse - specially allocated and equipped construction meeting the Law established to the presents the requirements used by the legal entity performing activities in the field of customs affairs as the owner of customs warehouse for the purpose of rendering services to legal entities and physical persons in storage of goods of these persons and also for storage of the goods which are in ownership or in property of the warehouse keeper;

1.17. loss of goods - lack of goods available at persons in whose actual possession goods shall be in case of arrival on customs area of the Customs union, departure from this territory, and also when using goods according to customs procedure and (or) release without room under customs procedure, owing to their destruction, plunder, the illegal order them, and also as a result of natural wastage of goods under normal conditions of transportation, storages.

2. The terms in the field of customs regulation which are not determined by this Law are used in this Law in the values determined by the customs legislation of the Customs union.

3. All other terms are used in this Law in the values determined by tax, civil and other legislation of the Republic of Belarus.

Chapter 2. Customs authorities, ensuring their activities and location

Article 8. System of customs authorities

1. The system of customs authorities is formed:

1.1. State Customs Committee of the Republic of Belarus;

1.2. customs;

1.3. the public institutions created for ensuring accomplishment of the functions assigned to customs authorities.

2. The State Customs Committee of the Republic of Belarus and customs are the state law enforcement agencies.

3. The customs and public institutions which are a part of the system of customs authorities are subordinated to the State Customs Committee of the Republic of Belarus.

The regulations on the State Customs Committee of the Republic of Belarus affirm the President of the Republic of Belarus.

4. Creation, reorganization and liquidation of customs are performed by the State Customs Committee of the Republic of Belarus in coordination with the President of the Republic of Belarus.

The government of the Republic of Belarus if other is not established by the President of the Republic of Belarus, has the right to determine competence of customs regarding accomplishment of the separate functions assigned to customs authorities, making of certain customs transactions by them and also regions of their activities.

Customs - state bodies, being legal entities and acting on the basis of the provisions approved by the State Customs Committee of the Republic of Belarus.

5. Creation, reorganization and liquidation of the public institutions which are a part of the system of customs authorities are performed according to the decision of the President of the Republic of Belarus.

The public institutions which are a part of the system of customs authorities act on the basis of the charters approved by the State Customs Committee of the Republic of Belarus.

Article 9. The organizations which are not a part of the system of customs authorities, created by the State Customs Committee of the Republic of Belarus

The State Customs Committee of the Republic of Belarus creates according to the legislation of the Republic of Belarus the customs laboratories subordinated to it, research establishments, data processing centers and other organizations which are not a part of the system of customs authorities which activities promote accomplishment of the functions assigned to customs authorities.

Article 10. Property of the customs authorities and organizations which are not a part of the system of the customs authorities subordinated to the State Customs Committee of the Republic of Belarus

The property of the customs authorities and organizations which are not a part of the system of the customs authorities subordinated to the State Customs Committee of the Republic of Belarus is in republican property. The order is performed by the specified property according to the legislation of the Republic of Belarus.

Article 11. Official heraldic symbols of customs authorities

Customs authorities have official heraldic symbols - the flag, banner, emblem, breast and identification marks, uniform of officials of customs authorities established by the President of the Republic of Belarus.

Article 12. Main functions of customs authorities

1. Customs authorities perform the following main functions:

1.1. will organize interaction and coordinate activities of state bodies and other organizations in the field of realization of the state customs policy;

1.2. ensure within the competence economic safety of the Republic of Belarus, protection of its economic interests;

1.3. make customs transactions and carry out customs control, carry out customs expertizes, create the conditions promoting acceleration of goods turnover in case of commodity importation to the Republic of Belarus and commodity exportation from the Republic of Belarus through customs border of the Customs union;

1.4. levy customs payments, other payments which collection is assigned to customs authorities, control correctness of calculation and timeliness of payment of the specified payments, take measures for their recovery by enforcement;

1.5. provide in the territory of the Republic of Belarus observance of procedure for movement of goods through customs border of the Customs union;

1.6. exercise control of observance of prohibitions and the restrictions set according to international treaties of state members of the Customs union and the legislation of the Republic of Belarus on the goods imported into the Republic of Belarus and exported from the Republic of Belarus;

1.7. provide protection of the rights to intellectual property items within the competence;

1.8. combat smuggling and other crimes, production on cases on which is referred to competence of customs authorities, administrative offenses, conducting administrative process on which is referred to competence of customs authorities, stop illicit trafficking through customs border of the Customs union and (or) Frontier of the Republic of Belarus of the drugs, psychotropic substances, their precursors and analogs, weapon, cultural values, radioactive materials, animals and plants relating to the types falling under action of international treaties of the Republic of Belarus and (or) included in the Red List of the Republic of Belarus, their parts and derivatives, other goods counteract illicit trafficking in intellectual property items, and also render assistance in fight against the international terrorism and suppression of illegal intervention in the airports of the Republic of Belarus in activities of international civil aviation;

1.9. perform the measures of general and individual prevention of offenses provided by legal acts of the Republic of Belarus;

1.10. perform within the competence tax, currency, export, radiation, automobile, sanitary and quarantine, veterinary, phytosanitary and other types of control, the right to which implementation or on participation in which implementation it is provided to customs authorities according to the legislation of the Republic of Belarus;

1.11. conduct customs statistics of foreign trade of the Republic of Belarus and statistics of mutual trade of the Republic of Belarus with state members of the Customs union, and also special customs statistics;

1.12. provide accomplishment of the international obligations of the Republic of Belarus in the part concerning customs affairs perform cooperation with the customs and other competent authorities of foreign states, the international organizations dealing with issues of customs affairs;

1.13. perform informing and consultation on the questions concerning the customs legislation of the Customs union, the legislation of the Republic of Belarus on customs regulation, and provide to other questions entering competence of customs authorities in accordance with the established procedure state bodies, other organizations and citizens with information on questions of customs regulation;

1.14. provide forming, optimization and development of customs infrastructure within the competence;

1.15. realize the state personnel policy in customs authorities, including perform preparation, retraining and advanced training of officials of customs authorities, will organize ideological and educational work;

1.16. perform preparation, retraining and advanced training of specialists in customs declaring;

1.17. carry out research works in the field of customs affairs.

2. By the acts of the President of the Republic of Belarus, the laws of the Republic of Belarus, the orders of the Government of the Republic of Belarus accepted within its competence other functions can be assigned to customs authorities.

Article 13. Basic rights of customs authorities

Customs authorities for accomplishment of the functions assigned to them have the right:

take the measures provided by acts of the customs legislation of the Customs union, the legislation of the Republic of Belarus on customs regulation, and also acts of other legislation of the Republic of Belarus, control of which observance is imposed on customs authorities, for the purpose of ensuring observance of these acts of the legislation with persons;

require documents, data which submission is provided according to the customs legislation of the Customs union, the legislation of the Republic of Belarus on customs regulation, and also according to other legislation of the Republic of Belarus, control of which observance is imposed on customs authorities;

check at the physical persons and officials participating in making of customs transactions, the documents proving their identity;

demand from physical persons and legal entities of confirmation of powers on making of certain actions or implementation of certain activities in the field of customs affairs;

perform according to the legislation of the Republic of Belarus operational search activities for the purpose of the prevention, identifications, controls of offenses, inquiry on cases on which is referred to maintaining customs authorities, identifications and establishments of persons preparing them, which are making or made and also for the purpose of ensuring own safety;

perform inquiry within the competence according to the procedure, determined by the criminal procedure legislation of the Republic of Belarus;

conduct administrative process on cases on administrative offenses and make persons responsible for making of administrative offenses according to the legislation of the Republic of Belarus on administrative offenses and the procedural and executive legislation of the Republic of Belarus on administrative offenses;

in case of presentation of the official ID and other documents which presentation is stipulated by the legislation the Republic of Belarus, freely to enter on the territory and rooms of legal entities and to be there for carrying out customs control;

use in cases, being urgent, the means of communication or vehicles belonging to the organizations (except for means of communication and vehicles of diplomatic representations, consular establishments, other official representations of foreign states, and also the international organizations), for prevention of crimes, inquiry on cases on which is referred to maintaining customs authorities, prosecutions and detentions of persons who committed such crimes or suspects of their making. The property harm suffered in such cases by owners (owners) of means of communication or vehicles, customs authorities compensate upon the demand of owners (owners) of means of communication or vehicles according to the procedure, established by legal acts of the Republic of Belarus;

detain according to the procedure, established by the legislation of the Republic of Belarus, persons suspected of making of the crimes which committed or committing crimes or administrative offenses, production on cases on which is referred to competence of customs authorities;

make documentation, video and audio recording, film and photographing of the facts and events connected with movement of goods through customs border of the Customs union in the Republic of Belarus and implementation of transportation, storages of the goods which are under customs control, making with them cargo operations;

receive gratuitously from state bodies, public associations and other organizations, physical persons information and (or) materials necessary for accomplishment of the functions assigned to customs authorities, to have access to their information systems and databases according to the procedure, established by the legislation of the Republic of Belarus;

take out to heads of state bodies and other organizations, and also physical persons of the prevention in writing with requirements to eliminate violations of the customs legislation of the Customs union, the legislation of the Republic of Belarus on customs regulation, and also other legislation of the Republic of Belarus, control of which observance is imposed on customs authorities, and to control accomplishment of the specified requirements;

make in courts claims and statements for recovery by enforcement of customs payments, other payments which collection is assigned to customs authorities, percent and penalty fee for the account of property of the payer, and also in other cases provided by this Law and other legal acts of the Republic of Belarus;

perform other actions provided by the customs legislation of the Customs union, this Law, other laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus, the orders of the Government of the Republic of Belarus.

Article 14. The rights of customs authorities when carrying out customs control with use water and aircrafts of customs authorities

1. When carrying out customs control with use water and aircrafts of customs authorities customs authorities have the right:

1.1. in case of detection of signs of the fact that on the vehicle the goods which are subject to customs control illegally move to stop this vehicle and to carry out its customs examination;

1.2. detain the persons which are in the vehicle suspected of making of crimes, inquiry on cases on which is referred to maintaining customs authorities, if other is not provided by international treaties of the Republic of Belarus;

1.3. in the cases provided by the customs legislation of the Customs union, this Law, other laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus to make customs escort of vehicles, including with accommodation of officials of customs authorities in them.

2. Crews water and aircrafts of customs authorities for the purpose of accomplishment of the functions assigned to customs authorities are granted the right on:

2.1. non-paid use water and airspace of the Republic of Belarus, the water area of ports, and also the airports, airfields (helidromes), airfields in the territory of the Republic of Belarus irrespective of their accessory and purpose;

2.2. free use by the privilege of entrance to port and exit from port;

2.3. non-paid receipt of navigation, hydrometeorological, hydrographic and other information;

2.4. non-paid ensuring flights and navigation.

Article 15. The rights of customs authorities concerning the automotive vehicles transporting the goods which are under customs control

1. For the purpose of carrying out customs control of goods and documents on them customs authorities have the right to stop the automotive vehicles including which are not performing international carriages of goods.

2. In case of stop of the automotive vehicle out of the customs control zone time of carrying out customs control of goods and documents for them cannot exceed two hours. About carrying out customs control of goods and documents on them the statement which one copy is subject to delivery to carrier is drawn up.

3. If carrying out or completion of forms of customs control in time, specified in Item 2 of this Article, good reasons to believe are impossible and are had that carrying out or completion of the corresponding forms of customs control can lead to identification and suppression of violations of the customs legislation of the Customs union and (or) the legislation of the Republic of Belarus on customs regulation, the automotive vehicle moves and located to the customs control zone. At the same time the automotive vehicle can be in the customs control zone during the time necessary for completion of forms of customs control, except for case when the automotive vehicle is subject to withdrawal or arrest according to legal acts of the Republic of Belarus.

Article 16. The rights of customs authorities in the field of technical information security

Customs authorities and their officials within the competence have the right to perform activities for technical information security, including cryptographic methods, including application of the digital signature, regarding the certificate of form of external submission of the electronic paper document submitted to customs authority or customs authority and also regarding rendering services in distribution of open keys of verification of the signature.

Article 17. Observance of requirements of the customs legislation of the Customs union and legislation of the Republic of Belarus by customs authorities and their officials

1. Adoption by customs authorities and their officials of decisions, making of actions by them are performed within their competence and according to the customs legislation of the Customs union and the legislation of the Republic of Belarus.

2. Observance of requirements of the customs legislation of the Customs union and the legislation of the Republic of Belarus in case of adoption by customs authorities and their officials of decisions, making of actions (failure to act) by them is provided with the right to appeal, public prosecutor's supervision, and also departmental control.

Article 18. Interaction of customs authorities with other state bodies and the organizations, and also with participants of foreign economic activity

1. Customs authorities perform the functions independently and in the interaction with other state bodies according to the procedure determined by the regulatory legal acts of the Republic of Belarus having interdepartmental character or agreements between customs authorities and other state organizations.

2. The State Customs Committee of the Republic of Belarus is the state body responsible for the organization of fight against smuggling and other crimes, production on cases on which is referred to competence of customs authorities, administrative offenses, conducting administrative process on which is referred to competence of customs authorities. Other state bodies and the organizations within the competence shall render assistance to the State Customs Committee of the Republic of Belarus in accomplishment of the specified function.

3. Customs authorities establish and support the relations of advisory nature with participants of foreign economic activity for the purpose of enhancement of customs regulation.

Article 19. Cancellation or change of the decision of customs authority or its official

The customs authority or its official within the powers has the right to cancel or change the decision of customs authority or its official which is not conforming to requirements of the customs legislation of the Customs union and (or) the legislation of the Republic of Belarus, and also to accept any stipulated by the legislation Republic of Belarus measures concerning wrongful acts (failure to act) of customs authority or its official if other is not provided by this Law, other laws of the Republic of Belarus and (or) acts of the President of the Republic of Belarus.

Article 20. Responsibility of customs authorities and their officials

1. Officials of customs authorities bear the administrative, criminal and other responsibility according to legal acts of the Republic of Belarus for illegal decisions, wrongful acts (failure to act).

Officials of customs authorities bear disciplinary responsibility according to the Disciplinary charter of customs authorities approved by the President of the Republic of Belarus.

2. Customs authorities according to civil and other legislation of the Republic of Belarus compensate the harm done to persons and their property owing to illegal decisions, wrongful acts (failure to act) of officials of such customs authorities in case of execution of service duties by them.

3. The harm done by lawful actions of customs authorities and their officials is not subject to compensation if other is not provided by this Law and other legal acts of the Republic of Belarus.

Article 21. Legal status of officials of customs authorities

1. Officials of customs authorities are the workers holding established posts in the State Customs Committee of the Republic of Belarus, customs, public institutions which are a part of the system of customs authorities and the having personal ranks.

2. Officials of customs authorities are government employees.

3. Personal ranks, procedure for their assignment, and also employee category of the public institutions which are a part of the system of customs authorities to which the personal ranks are given are determined by the President of the Republic of Belarus.

4. For officials of customs authorities wearing uniform is established. Rules of wearing uniform of officials of customs authorities affirm the State Customs Committee of the Republic of Belarus. The uniform of officials of customs authorities is issued free of charge.

Payment of monetary compensation in the cases and procedure determined by the Government of the Republic of Belarus is allowed to officials of customs authorities instead of issue of uniform.

5. The procedure and conditions of service in customs authorities, including questions of compensation of officials of customs authorities, are determined by the President of the Republic of Belarus.

Article 22. Guarantees of proper execution by officials of customs authorities of the service duties

1. Officials of customs authorities in case of execution of the service duties are public agents and are under protection of the state.

2. The official of customs authority in case of execution of the obligations assigned to it is guided by the customs legislation of the Customs union and the legislation of the Republic of Belarus and submits direct and to direct chiefs.

Illegal impact or intervention in any form in activities of customs authorities and their officials for the purpose of rendering influence on the decision accepted by customs authority or its official or on the action performed by this official are not allowed and involve the responsibility established by legal acts of the Republic of Belarus.

Nobody has the right to force the official of customs authority to carry out the obligations which are not assigned to customs authorities by the customs legislation of the Customs union and (or) the legislation of the Republic of Belarus.

In case of receipt of the order which is obviously contradicting the customs legislation of the Customs union and (or) the legislation of the Republic of Belarus, the official of customs authority shall be guided by provisions of the customs legislation of the Customs union and the legislation of the Republic of Belarus.

3. In customs authorities organizational structures of the political parties and other public associations pursuing political goals cannot be created and be effective.

4. The insult of the official of customs authority, threat, resistance, violence or infringement of his life, health and property involve responsibility according to legal acts of the Republic of Belarus.

5. Protection of life, health, honor, advantage and property of members of the family of the official of customs authority against illegal encroachments in connection with execution by this official of the service duties is guaranteed by legal acts of the Republic of Belarus.

Article 23. Obligation of execution of legal orders or requirements of the official of customs authority

1. Legal orders or requirements of the official of customs authority in case of execution of the service duties by it are obligatory for execution by state bodies, other organizations, their officials and other workers, and also physical persons.

2. Disobedience to the legal order or the requirement of the official of customs authority, and also other actions (failure to act) interfering execution of the obligations assigned to this official involve the responsibility provided by legal acts of the Republic of Belarus.

Article 24. Conditions and limits of application by officials of customs authorities of physical force, special means, weapon and use of guard dogs

1. Separate categories of officials of customs authorities have the right to use physical force, special means, military and office weapon (daleeoruzhy) and to use guard dogs according to the procedure, provided by this Law and other acts of the legislation of the Republic of Belarus. Such officials shall be trained on use of physical force, special means, weapon and to use of guard dogs, and also recurring inspection on suitability to actions in the conditions connected using physical force, special means, weapon and use of guard dogs.

2. To use of physical force, special means and (or) weapon shall precede accurately expressed and obvious to person against which physical force, special means and (or) weapon, the warning of intention to apply them are used, except as specified, when the delay in use of physical force, special means and (or) weapon creates direct danger to life of physical persons or can entail other heavy effects.

3. In case of use of physical force, special means and (or) weapon depending on nature and degree of danger of offense, and also extent of the rendered counteraction officials of customs authorities shall recognize that the damage caused in case of danger elimination shall be minimum.

4. Officials of customs authorities shall take measures for rendering to the physical persons which sustained bodily harms of medical care and to notify immediately on the event of the chief of customs authority who no later than one days from the moment of use of physical force, special means and (or) weapon reports in law-enforcement bodies in the place of use of physical force, special means and (or) weapon about each such case which entailed damnification to health of physical persons.

Article 25. Use of physical force by officials of customs authorities

1. Separate categories of officials of customs authorities have the right to use physical force, including fighting acceptances of hand-to-hand fight, only when nonviolent methods cannot provide accomplishment of the obligations assigned to customs authorities.

2. Physical force is used for:

2.1. suppression of offense;

2.2. detentions of persons who made offense;

2.3. overcomings counteraction to legal requirements of officials of customs authorities;

2.4. hindrances to access to rooms, on the territory, to goods, including vehicles which are under customs control;

2.5. hindrances to illegal access to the constructions which are in operational management of customs authorities or used by them.

3. Categories of officials of the customs authorities given the right of use of physical force are determined by the State Customs Committee of the Republic of Belarus.

Article 26. Application of special means by officials of customs authorities

1. Separate categories of officials of customs authorities have the right to apply handcuffs, rubber sticks, tear substances, devices to opening of rooms, means for forced stop of vehicles, other special means for the purpose of:

1.1. reflections of attack on officials of customs authorities or other persons;

1.2. the reflections of attack on the constructions or vehicles which are in operational management of customs authorities or used by them on goods, including vehicles which are under customs control and also releases of these objects in case of their capture;

1.3. detentions of offenders, their delivery to service premises of customs authority or law-enforcement body if these persons render disobedience or resistance or can do harm to people around or themselves;

1.4. suppression of the physical resistance shown to the official of customs authority;

1.5. vehicle stops if the driver of this vehicle did not fulfill the requirement of the official of customs authority to stop;

1.6. suppression of start of motion of the vehicle without the permission of the official of customs authority when carrying out customs control concerning this vehicle.

2. It is forbidden to apply special means to women with visible signs of pregnancy, persons with strong indications of disability and minors when their age is obvious or known, except as specified rendering armed resistance, making of group or other attack by them, life-threatening and to health of physical persons, safety of goods, including vehicles which are under customs control.

3. The list of the special means applied by officials of customs authorities is determined by the President of the Republic of Belarus.

4. Categories of officials of the customs authorities given the right of application of special means are determined by the State Customs Committee of the Republic of Belarus.

Article 27. Carrying, storage and use (use) of weapon by officials of customs authorities

1. In case of execution of the service duties separate categories of officials of customs authorities are allocated with the right of carrying and storage of weapon.

The list of the types of weapon and ammunition to it applied (used) officials customs authorities, and also categories of officials of the customs authorities given the right of carrying and storage of weapon are determined by the President of the Republic of Belarus.

2. Officials of customs authorities have the right to use weapon for:

2.1. reflections of group or armed attack on the constructions, vehicles and other objects which are in operational management of customs authorities or used by them on goods, including vehicles which are under customs control and also releases of these objects in case of their capture;

2.2. detentions of the person showing armed resistance or overtaken when making heavy or especially serious crime, and also the armed individual refusing to fulfill legal requirements about surrender of weapons;

2.3. reflections of the attack on officials of customs authorities and other physical persons threatening their life or for prevention of capture of weapon of the official of customs authority.

3. The official of customs authority has the right to set ready weapon if considers that in the created situation there can be bases for its application, stipulated in Item 2 these Articles.

4. It is forbidden to use weapon:

4.1. in case of considerable accumulation of people when strangers can suffer from it;

4.2. in the direction of warehouses (storages) containing flammable, explosive, strong toxic agents and also means of transportation of these substances;

4.3. concerning women, persons with strong indications of disability, minors when their age is obvious or known, except as specified making by specified persons of the armed or group attack or other actions, life-threatening or to health of physical persons.

5. Officials of customs authorities have the right to use weapon for:

5.1. warnings of intention to use weapon, giving of alarm signal or challenge of the help;

5.2. vehicle stops by its damage if the driver of this vehicle does not submit to legal numerous requirements of officials of customs authorities, obviously obvious to it, about vehicle stop;

5.3. neutralizations of animals, directly life-threatening or to health of officials of customs authorities and other physical persons.

Article 28. Use by officials of customs authorities of guard dogs

1. Separate categories of officials of customs authorities have the right to use guard dogs for:

1.1. search and the identification of the drugs, psychotropic substances, their precursors and analogs, explosives, weapon, ammunition and other goods illegally imported into the Republic of Belarus and (or) exported from the Republic of Belarus and having individual smell when carrying out customs control;

1.2. search and identification of the drugs, psychotropic substances, their precursors and analogs, explosives, weapon, ammunition and other objects having individual smell in case of production of investigative actions and conducting investigation and search operations;

1.3. conducting odorologichesky examinations;

1.4. search and detection of the person on its individual smell;

1.5. implementation of protection of objects of customs infrastructure.

2. It is forbidden to use guard dogs in cases of emergence of threat of life, to health, honor and advantage of physical persons, for accomplishment of the actions which are not corresponding to purpose of guard dog, and also in the conditions promoting causing damage of its working capacity, life or health.

3. Categories of officials of the customs authorities given right to use to guard dogs, procedure for use of guard dogs of their training and content are determined by the State Customs Committee of the Republic of Belarus.

Article 29. Ensuring activities of customs authorities

Ensuring activities of customs authorities is performed at the expense of the means of the republican budget and other sources which are not prohibited by the legislation of the Republic of Belarus.

Article 30. Provision of social guarantees to officials of customs authorities

Provision of social guarantees to officials of customs authorities is performed according to the legislation of the Republic of Belarus.

Article 31. Information security in customs authorities

Information security, distribution and (or) provision of which it is limited, in customs authorities it is provided according to the legislation of the Republic of Belarus.

Article 32. Locations of customs authorities

The locations of customs authorities are the Items of customs clearance opened according to the legislation of the Republic of Belarus, and also other places determined by the State Customs Committee of the Republic of Belarus in which officials of customs authorities are located.

Article 33. General provisions about Items of customs clearance

1. Items of customs clearance include specially equipped and equipped service premises of customs authority and the customs control zone.

2. Items of customs clearance are subdivided on republican and departmental.

Article 34. Republican Items of customs clearance

1. Republican Items of customs clearance open and abolished for the purpose of determination of places of movement of goods through customs border of the Customs union in the Republic of Belarus.

2. Locations of republican Items of customs clearance, their specialization, and also persons responsible for content of such Items are determined by the President of the Republic of Belarus or by its order the Government of the Republic of Belarus.

3. Republican Items of customs clearance can be placed:

3.1. at the check points through Frontier of the Republic of Belarus opened according to the legislation of the Republic of Belarus on Frontier of the Republic of Belarus;

3.2. at the interstate transfer railway stations of the Republic of Belarus which do not have the status of check points through Frontier of the Republic of Belarus.

4. According to international treaties of the Republic of Belarus republican Items of customs clearance can be placed on customs area of the adjacent states.

5. Financing of the expenses connected with designing, construction, arrangement, economic providing, hardware, reconstruction and content of republican Items of customs clearance is performed at the expense of the means of the republican budget and other sources which are not prohibited by the legislation of the Republic of Belarus.

Article 35. Departmental Items of customs clearance

1. Departmental Items of customs clearance open and abolished according to the decision of the State Customs Committee of the Republic of Belarus in the procedure established by it and can be placed:

1.1. in the territories of warehouses of temporary storage;

1.2. in other buildings, rooms and in the territories which are in state-owned property and assigned to customs authorities on the right of operational management or being in property, economic maintaining, operational management or lease of other legal entities.

2. For the purpose of ensuring efficiency of control of observance of the customs legislation of the Customs union and the legislation of the Republic of Belarus on customs regulation the State Customs Committee of the Republic of Belarus has the right to establish certain departmental Items of customs clearance for making of customs transactions and carrying out customs control concerning separate types of goods:

2.1. in case of need use of the specialized equipment and (or) special knowledge for making of the customs transactions concerning separate types of goods, including cultural values, animals and plants relating to the types falling under action of international treaties of the Republic of Belarus and (or) included in the Red List of the Republic of Belarus, their parts and derivatives, arms, military equipment and ammunition, the radioactive materials including sharing and the reproducing nuclear materials, the goods containing intellectual property items;

2.2. depending on the mode of transport used for international delivery of goods;

2.3. in case of numerous illicit movement through customs border of the Customs union of separate types of goods;

2.4. in case of movement through customs border of the Customs union of the goods limited to movement through customs border of the Customs union when importing and (or) exporting;

2.5. in other cases provided by the customs legislation of the Customs union or the legislation of the Republic of Belarus on customs regulation.

3. Persons responsible for content of departmental Items of customs clearance, are:

3.1. in case of placement of Item of customs clearance in the territory of warehouse of temporary storage - the owner of such warehouse;

3.2. in case of placement of Item of customs clearance in other places - the legal entity, in property, economic maintaining, operational management or lease of which there are buildings, rooms and the territories included in structure of such Items.

4. Financing of the expenses connected with arrangement, content, including carrying out the current and capital repairs, economic providing and hardware of the departmental Items of customs clearance opened at the initiative of owners of warehouses of temporary storage or other legal entities, except for customs authorities is performed at the expense of means of specified persons without subsequent compensation of such expenses by customs authorities.

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