RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 8, 2016 No. 370

About approval of the Procedure photo, video fixings of customs and other formalities which are carried out by monitoring bodies

According to Articles 11, of 266, of 319, of 320, of 324, of 326, of 336, of 338, of 544, the Cabinet of Ministers of Ukraine decides 558 Customs codes of Ukraine:

1. Approve the Procedure photo, video fixings of customs and other formalities which are carried out by monitoring bodies which is applied.

2. This resolution becomes effective since July 1, 2016.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 8, 2016, No. 370

Procedure photo, video fixings of customs and other formalities which are carried out by monitoring bodies

General part

1. This Procedure determines the procedure of implementation photo, video fixings of customs and other formalities which are carried out by monitoring bodies concerning goods, vehicles moved through customs border of Ukraine.

2. In this Procedure terms are used in such value:

means photo, video fixings - the technical means of customs control intended for record, storage and also with technical capabilities - reproduction photo, video information (sets of video equipment, the camera digital, video cameras digital, in particular individual portable video cameras);

monitoring bodies - the state bodies authorized on implementation sanitary and epidemiologic, veterinary and sanitary, phytosanitary, ecological, radiological and other types of the state control.

Other terms in this Procedure are used in the value given in the Customs code of Ukraine and other laws regulating implementation sanitary and epidemiologic, veterinary and sanitary, phytosanitary, ecological, radiological and other types of the state control.

3. Object photo, video fixings are:

1) any goods, vehicles moved through customs border of Ukraine;

2) officials of bodies of the income and charges, other controlling and law enforcement agencies who participate in carrying out the overview (re-examination) during which it is performed photo, video fixing;

3) the documents necessary for implementation of customs control, including documents which are not provided by the customs applicant to body of the income and charges, including together with the customs declaration, but provided to the official of body of the income and charges directly during survey (examination), or found by such person independently during its carrying out;

4) the means of identification imposed on documents, goods, vehicles and other places which are objects of customs control;

5) the territories and rooms of warehouses of temporary storage, customs warehouses, duty-free shops, the territories of free customs zones and other places in which goods, vehicles of commercial appointment which are subject to customs control are placed or activities, control of which is assigned to bodies of the income and charges, are exercised.

4. In case of application of means photo, video fixings officials of bodies of the income and charges shall observe necessary security measures for the purpose of non-admission of damnification of life and to human health, the environment, and also goods and vehicles.

5. Means photo, video fixings are applied:

the official of body of the income and charges in case by results of application of risk management system implementation photo is necessary, for video fixing during customs formalities, and also in case of need to fix carrying out customs formalities at any stage of customs control;

the official of body of the income and charges in case of carrying out survey (examination) at the initiative of the controlling and law enforcement agencies;

officials of GFS, Administration of State frontier service and National police which are included in structure of the Interdepartmental target center and joint mobile groups on the prevention and identification of the facts of violations of the law concerning the public customs affairs, at all stages of holding actions for accomplishment of the order of the Interdepartmental target center;

the official of body of the income and charges when carrying out physical goods inspection, stipulated in Article 266 Customs codes of Ukraine.

In the cases provided by paragraphs the second and fourth this Item photo, video fixing is performed according to requirements, certain Items 9 - 25 presents About.

In the cases provided by paragraphs the third and fifth this Item photo, video fixing is performed according to requirements, certain Items 9 - 11, 13, 17, 21 these Procedure. Actions on photo, the video fixings provided by Items 14 - 16, 19, 20, are performed by the official of body of the income and charges according to the oral or written requirement of the customs applicant or official of the controlling or law enforcement agency at the initiative of which inspection (re-examination) is performed.

6. In the presence in division of customs clearance of body of the income and charges of individual portable video cameras all reviews (re-examination), physical reviews, stipulated in Article 266 Customs codes of Ukraine, and the reviews which are carried out at the initiative of the controlling and law enforcement agencies are surely fixed using such video cameras.

7. Information (photos, videos) received by results of use by bodies of the income and fund raisings photo of video fixing, can be used by them only for the customs purposes and cannot be transferred to the third parties without the permission of the subject, persons or body whom goods, vehicles which are fixed on pictures and in videos, including to other public authorities, except the cases provided by the Customs code of Ukraine and other laws move.

8. Information (photos, videos) received by results of use by bodies of the income and fund raisings photo of video fixing, can be provided to the subject, person or body whom goods, vehicles which are fixed on pictures and in videos, on their request in the procedure established by the Ministry of Finance move.

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