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The document ceased to be valid since February 2, 2020 according to part 4 of article 90 of the Law of the Kyrgyz Republic of July 25, 2019 No. 102

LAW OF THE KYRGYZ REPUBLIC

of August 13, 2004 No. 127

About the Disciplinary charter of customs authorities of the Kyrgyz Republic

(as amended on 29-03-2019)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 24, 2004

Article 1. Accept the Disciplinary charter of customs authorities of the Kyrgyz Republic.

Article 2. Declare invalid the Law of the Kyrgyz Republic "About the Disciplinary charter of customs authorities of the Kyrgyz Republic" (Sheets of Jogorku Kenesh of the Kyrgyz Republic, 1998, No. 12, the Art. 503).

Article 3. This Law becomes effective from the date of official publication.

President of the Kyrgyz Republic

A. Akayev

Disciplinary charter of customs authorities of the Kyrgyz Republic

Chapter I. General provisions

1. The disciplinary charter of customs authorities of the Kyrgyz Republic (further - the Charter) extends to officials of customs authorities of the Kyrgyz Republic (further - customs authorities) and determines essence of office discipline in customs authorities (further - office discipline), the rights and obligations of chiefs of customs authorities connected with its maintenance and also procedure for application of encouragement and imposing of authority punishments.

The discipline - is strict and exact observance by all customs officers of procedure and the rules established by regulatory legal acts of the Kyrgyz Republic and this Charter.

2. The discipline obliges each official of customs authorities:

- to strictly observe the Constitution and the laws of the Kyrgyz Republic, to precisely fulfill requirements of the oath and orders of chiefs;

- respect honor and advantage of citizens of the Kyrgyz Republic and other states;

- show vigilance, to strictly keep the state and official secret;

- have high professional readiness, it is good to know the charged case, precisely and timely to carry out the service duties, show initiative and persistence in work, to constantly increase the professionalism;

- conduct active fight against smuggling and customs offenses, to protect interests of the state;

- support in the course of the organization and implementation of the state customs control interaction with representatives of border troops, sanitary and quarantine, veterinary, phytosanitary control on frontier of the Kyrgyz Republic;

- protect property of customs authorities: buildings and equipment of customs, office road transport, technical means of control and other property;

- ensure safety of the material values withdrawn in case of customs examination;

- with advantage and honor to behave out of service;

- to strictly follow rules and regulations on labor protection, safe engineering, production sanitation and fire safety;

- know this Charter and to precisely fulfill its requirements.

3. The chief of customs authority bears responsibility for condition of office discipline among subordinates. Along with high insistence to subordinates the chief of customs authority shall:

- require faultless accomplishment of the laws, orders and orders of the chief, the oath and this Charter;

- create necessary conditions for service, advanced training and rest of subordinates;

- bring up at the service duties subordinated sense of responsibility for accomplishment;

- be objective in assessment of office activities of subordinates;

- respect honor and advantage of subordinates;

- not allow protectionism in work with officials of customs authority, their prosecution on personal motives or for criticism of shortcomings of activities of customs authorities.

The chief who allowed concealment of violations of office discipline, crimes or incidents, and equally did not provide necessary conditions for observance of requirements of office discipline by subordinates is made responsible.

4. On the official position and special rank officials of customs authorities on the relation to each other can be chiefs and subordinate, senior and younger.

Chiefs can be direct and direct.

Direct chiefs are chiefs to whom officials of customs authorities are subordinated on service, at least and temporarily.

The direct chief, closest to the subordinate, is his immediate superior.

Officials of customs authorities, not subordinates each other on service, can be senior or younger. The seniority is determined by special ranks, and in case of equal ranks - post.

The chief shall set subordinates example of respect for discipline.

5. The order - the written or oral order of the chief of customs authority made within its ex-officio full powers and obligatory for execution by subordinate officials.

The order shall be executed precisely and in time with submission of the report on its accomplishment to the chief who gave the order.

The official receives the order on service, as a rule, from the immediate superior. If the order is received from the direct chief, the official shall execute it, having informed on it the immediate superior.

Has the right to repeal the order only the chief who gave it or the higher chief.

In case of disobedience of the subordinate the chief shall accept the enforcement measures established by the laws and charters for recovery of procedure and discipline.

6. The official in case of doubt in legitimacy of the order received by it for execution shall report without delay about it in writing to the immediate superior, the chief who gave the order or the higher chief of customs authority. If the immediate superior, and in its absence - the direct chief confirms this order, the official shall perform it, except as specified, when execution of the order is administratively or penal act.

Responsibility for execution by the official of the illegal order is born by the chief who confirmed this order.

Chapter II. Types of encouragement and procedure for their application

7. Encouragement is important educational tool of officials and strengthenings of office discipline in customs authorities.

For fair execution of job responsibilities are applied to officials according to the procedure, provided by this Charter, the following types of encouragement:

1) removal of earlier imposed authority punishment;

2) announcement of gratitude;

3) rewarding with the letters valuable (including nominal) gifts or money;

4) rewarding with breastplates "The honourable customs officer of the Kyrgyz Republic", "Excellent student of Customs Service";

5) early assignment of the next special rank;

6) rewarding nominal cold and firearms;

7) assignment of the next special rank is one step higher corresponding to post.

8. The encouragement provided by subitems 4, of the 5 and 7 Item 7 of this Charter is applied only based on orders of the head of authorized state body of the Kyrgyz Republic.

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