ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of December 30, 2015 No. 2692

About approval of the Instruction about procedure for withdrawal, storage, accounting, transfer and destruction of objects and documents of criminal cases and materials of verifications of messages on crimes in customs authorities of the Russian Federation

For the purpose of establishment in customs authorities of the Russian Federation of single procedure for withdrawal, storage, accounting, transfer of objects and documents in case of production of inquiry and urgent investigative actions for criminal cases, conducting verifications of messages on crimes I order:

1. Approve the enclosed Instruction about procedure for withdrawal, storage, accounting, transfer and destruction of objects and documents of criminal cases and materials of verifications of messages on crimes in customs authorities of the Russian Federation (further - the Instruction).

2. Declare invalid the order of FCS of Russia of December 25, 2006 No. 1363 "About approval of the Instruction about procedure for withdrawal, storage, accounting, transfer and destruction of physical evidences, values and other property on criminal cases and materials of verifications of messages on crimes in customs authorities of the Russian Federation".

3. To provide to chiefs of the customs authorities which are bodies of inquiry:

studying and strict execution of the Instruction;

control of execution of provisions of the Instruction by subordinate officials;

reduction of accounting and the storage withdrawn on criminal cases and during conducting verifications of messages on crimes of objects and documents in compliance to Instruction provisions no later than March 1, 2016.

I reserve control of execution of this order.

Appendix

to the Order of the Federal Customs Service of the Russian Federation of December 30, 2015 No. 2692

The instruction about procedure for withdrawal, storage, accounting, transfer and destruction of objects and documents of criminal cases and materials of verifications of messages on crimes in customs authorities of the Russian Federation

I. General provisions

1. The instruction about procedure for withdrawal, storage, accounting, transfer and destruction of objects and documents of criminal cases and materials of verifications of messages on crimes in customs authorities of the Russian Federation (further - the Instruction) establishes single procedure for withdrawal, storage, accounting, transfer and destruction of objects, values, other property (further - objects) and the documents recognized by physical evidences and not recognized as those and also provides actions for control of their storage and accounting.

2. The objects and documents withdrawn on criminal cases and not recognized by physical evidences and also objects and documents which it is seized, withdrawn or received during verification of messages on crimes, and also transferred in quality of results of operational search activities are accepted on storage, are stored, considered, transferred and issued according to the procedure, established by the Instruction for physical evidences, except the cases which are directly provided for such objects and documents.

3. The instruction is developed taking into account requirements of the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, No. 52 (p. I), Art. 4921; 2015, No. 29 (p. I), Art. 4391) (further - the Code of Criminal Procedure of the Russian Federation), orders of the Government of the Russian Federation of May 8, 2015 No. 449 "About storage conditions, accounting and transfer of physical evidences on criminal cases" (The Russian Federation Code, 2015, No. 20, the Art. 2915) (further - the order of the Government of the Russian Federation of May 8, 2015 to No. 449) it is also intended for application in the customs authorities which are body of inquiry (further - customs authority).

II. Withdrawal of objects and documents

4. Objects and documents which served as tools, the equipment, other means of crime execution or kept on themselves traces of crime or to which criminal acts, or the money, values and other property received as a result of crime execution and also other objects and documents which can serve as means for detection of crime and establishment of circumstances of its making were directed, are withdrawn according to the procedure, the established Code of Criminal Procedure of the Russian Federation.

5. Withdrawal of the specified objects and documents is performed after initiation of legal proceedings, and in the cases provided by the Code of Criminal Procedure of the Russian Federation before initiation of legal proceedings by investigators of customs authorities, other officials of customs authorities given authority to the investigator or making investigative actions at the request of investigators (further - the investigator).

6. The fact and circumstances of withdrawal of objects and documents are reflected in the protocol of the investigative action constituted according to article 166 Code of Criminal Procedure of the Russian Federation (further - the protocol).

All withdrawn objects and documents are listed in the protocol. In case of withdrawal of large number of objects and documents if it is difficult to specify all data on them in the protocol, the inventory attached to the protocol and which is its integral part is constituted. In the protocol or the inventory attached to it detailed data on the name, the description and details of each withdrawn document, on the name, the description, type, brand, model, caliber, series, number and other identification signs of each withdrawn subject, and their exact quantity, amount, weight are specified.

7. All withdrawn objects and documents are shown to other persons understood and participating in investigative action, are located in the packaging excluding access to the withdrawn objects and documents, their loss, substitution or change, including damage and loss of the traces which are available on them without violation of integrity of packaging, and also spoil, deterioration or loss of properties owing to which they can have evidentiary value on criminal case.

On packaging the explanatory text with the list and individual signs of the objects and documents which are in it, specifying of type, date, production site of investigative action during which they were withdrawn, numbers of criminal case and date of its excitement, and in case of withdrawal of objects and documents before initiation of legal proceedings - registration date of the message on crime, its number in the book of accounting of messages on crimes, certified by signatures of witnesses and the official making investigative action with indication of their surnames and initials (further - label of ensuring safety) is located. The label of ensuring safety is imposed so that to exclude access to the withdrawn objects and documents without its damage.

In case of withdrawal of big batches which storage in case of criminal case is complicated the withdrawn objects can not be located in separate packaging on condition of their photography or record on video, film, imposings of label of ensuring safety on each box, box, other container in which they are placed so that to exclude access to them without violation of label of ensuring safety.

Data on method of packaging of the withdrawn objects and documents, on appearance of labels of ensuring safety, methods and places of their imposing are in detail specified in the protocol.

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