It is registered
Ministry of Justice
Republic of Tajikistan
On November 5, 2014 No. 810
of October 31, 2014 No. 692
About the Disciplinary charter of customs authorities of the Republic of Tajikistan
According to Article 491 of the Customs code of the Republic of Tajikistan and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:
1. Approve the Disciplinary charter of customs authorities of the Republic of Tajikistan in the new edition it (is applied).
2. Declare invalid the Order of the Government of the Republic of Tajikistan of December 27, 1997, No. 568, "About approval of the Disciplinary charter of customs authorities of the Republic of Tajikistan".
Prime Minister of the Republic of Tajikistan
Emomalii Rahmon
Approved by the Order of the Government of the Republic of Tajikistan of October 31, 2014, No. 692
1. The disciplinary charter of customs authorities of the Republic of Tajikistan is drafted according to Article 491 of the Customs code of the Republic of Tajikistan and establishes procedure for attraction to disciplinary responsibility of the customs officers of the Republic of Tajikistan having special ranks for violation of labor discipline, failure to carry out or improper execution of service duties.
2. Office discipline in customs authorities - observance by customs officers in case of execution of the obligations assigned to them and implementation of the powers of procedure and rules established by the laws and other regulatory legal acts of the Republic of Tajikistan, the oath, the labor contract, the job description, orders of Customs Service under the Government of the Republic of Tajikistan by them (further - authorized body concerning customs affairs), and also orders of direct and immediate superiors of customs authorities. The employee receives any instruction for service from the immediate superior. In case of receipt of the order from the higher chief, he shall execute it having informed on it the immediate superior.
3. Direct chiefs are chiefs to whom customs officers are subordinated on service, at least temporarily.
4. Authority punishment is applied to the customs officers of the Republic of Tajikistan having special ranks in the following cases:
- for non-execution or improper execution of job responsibilities;
- for violation of labor discipline.
5. The authority punishments provided in Item 6 of this Charter are applied when are exhausted or in connection with weight of offense other measures of education cannot be applied. Authority punishment shall correspond to degree of fault and weight of committed offense.
6. Types of the authority punishments applied concerning customs officers:
- note;
- reprimand;
- serious reprimand;
- demotion for up to six months;
- lowering in special rank on one step;
- dismissal from customs authorities.
7. Authority punishment in the form of dismissal from customs authorities can be also applied to customs officers for the following violations of office discipline:
a) assistance in movement through customs border of goods and vehicles with violation of the procedure established by the customs legislation if these actions do not involve criminal liability;
b) disclosure of data, components the state, commercial or protected by the law other secret, and also confidential information, and is equal for loss of the materials containing such data if these actions do not involve criminal liability;
c) loss, voluntary waste of in-house documents, service weapon, ammunition, special means, and also means of identification, and equally in the detainees withdrawn and accepted by customs authorities on storage of goods if these actions do not involve criminal liability;
d) substitution of the in-house documents or objects which are subject to customs control and customs clearance if these actions do not involve criminal liability;
e) transfer of means of identification, including personal login and the password of access to the single automated information system to other persons with violation of established procedure if these actions do not involve criminal liability;
e) the detention, withdrawal and acceptance on storage of objects and sums of money without document creation in accordance with the established procedure made from mercenary or other interest if these actions do not involve criminal liability;
g) the racketing or receipt of gifts in connection with execution of service duties, and is equal use for personal reasons of the sums of money received in customs payment if these actions do not involve criminal liability, and also not target use for personal reasons of state-owned property;
h) accomplishment of customs transactions out of working hours and (or) out of the location of Item of customs clearance without observance of requirements of the legislation of the Republic of Tajikistan and permission of management of customs authority;
i) in other cases, stipulated by the legislation the Republic of Tajikistan.
8. Persons, the having right to bring to disciplinary responsibility:
- the head of authorized body concerning customs affairs;
- the chief of regional customs authority on the junior inspectors subordinated to it, inspectors and chief inspectors, and concerning other employees brings to the head of authorized body concerning customs affairs idea of imposing of authority punishment;
- the chief of customs or customs post to bring representation to the chief of regional customs authority about imposing of collection on the employees subordinated to it.
9. The head of authorized body concerning customs affairs and the chief of regional customs authority by consideration of question of imposing of authority punishment shall understand committed offense, receive written explanation from the face, made offense and in case of need to appoint functional audit check. The refusal of the employee offer explanation cannot serve as obstacle for application of authority punishment.
10. For the same offense only one authority punishment can be imposed.
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