RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 8, 2016 No. 370

About approval of the Procedure photo, video fixings of measures of customs control 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 measures of customs control 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

Photo procedure - video fixings of actions of customs control by customs authorities and other formalities which are carried out by monitoring bodies

General part

1. This Procedure determines the procedure of use of individual portable video cameras by officials of customs authorities, implementation of photo - video fixings of actions of customs control by customs authorities 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 the following sense:

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

individual portable video cameras - technical means of customs control which are intended for record, storage, and also in the presence of technical opportunities - for the round-the-clock remote online access and reproduction of video with information on time of implementation of customs control (in format: second, minute, hour, day, month, year);

the controlling bodies - the state bodies authorized on implementation phytosanitary, veterinary health control, the state control of observance of requirements of the legislation on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, control of observance by automobile carriers of requirements of the legislation of rather international motor transportations, control for the purpose of safety of civil aviation.

Other terms in this Procedure are used in the value given in the Customs code of Ukraine and other laws regulating implementation phytosanitary, veterinary health control, the state control of observance of requirements of the legislation on foodstuff, sterns, by-products of animal origin, health and wellbeing of animals, control of observance by automobile carriers of requirements of the legislation of rather international motor transportations, control for the purpose of safety of civil aviation.

3. Photo object - video fixings is:

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

2) officials of customs authorities, other controlling and law enforcement agencies participating in carrying out survey (review) during which the photo is performed - the video fixings, and also persons moving goods, vehicles of commercial appointment through customs border of Ukraine or storing goods under customs control (in case of their absence witnesses, attracted according to Article 338 of the Customs code of Ukraine) in the presence of which survey (review) of goods, vehicles of commercial appointment is performed;

3) the documents necessary for implementation of customs control, including documents which are not submitted the customs applicant to customs authority, in particular together with the customs declaration, But provided to the official of customs authority directly during survey (review), or revealed by such person independently during its carrying out;

4) the means of ensuring of identification imposed on the 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 customs authorities, are exercised.

4. In case of application of means photo, video fixings officials of customs authorities 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 customs authority which is supplied with the individual portable video camera it is continuous when implementing office powers;

the official of customs authority in case by results of application of risk management system implementation of 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 customs authority in case of carrying out survey (review) at the initiative of the controlling and law enforcement agencies;

the official of customs authority in case of carrying out physical survey of goods, stipulated in Article 266 Customs codes of Ukraine.

In the case provided by the paragraph the second this Item continuous video fixing is performed according to requirements, certain Items 26-34 of this Procedure.

In the photo cases provided by the paragraph third this Item - video fixing is performed according to requirements, certain Items 9-25 of this Procedure.

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