Chapter 39. CUSTOMS OFFICES AND THEIR FUNCTIONS
§2 Duties, Rights and Responsibilities of the Customs Authorities
Article 408. Legal Rights of the Customs Authorities and their Offices
In carrying out the functions vested in them the customs authorities are vested with the following legal rights to:
[1] take measures stipulated by this Code for enforcing the observance of the customs legislation of the Russian Federation;
[2] demand the documents and information stipulated by this Customs Code;
[3] check the identification documents of the individuals and officials involved in customs-related operations;
[4] demand that individuals and officials certify their powers for performing specific operations or effecting specific activities in the field of the customs system;
[5] in accordance with the law of the Russian Federation on criminal investigation procedures, perform investigations with a view to detecting, preventing, stopping and exposing crimes, conduct on-the-spot investigations and interrogations pursuant to the provisions of the criminal procedural law of the Russian Federation assigning the investigation of such crimes to the customs authorities, expose and identify the persons responsible for preparing committing or having committed such crimes, as well as ensure safety of customs officers in discharge of the duties;
[6] conduct on-the-spot investigations and interrogations in their line of duty of the offences pursuant to the Criminal Procedural Code of the Russian Federation;
[7] investigate cases of administrative offences and prosecute the persons responsible for administrative offences pursuant to the provisions the Law of the Russian Federation on Administrative Offences;
[8] in case of emergency, to use the communications facilities and means of transport belonging to organisations or public associations (except the communications facilities and means of transport owned by diplomatic missions, consular and other institutions of foreign countries or by international organisations) for preventing customs-related crimes, pursue and detain the perpetrators of such crimes or the persons suspected of having committed such crimes. The customs authorities shall be obliged to compensate any damages suffered by the owners of said communications facilities or means of transport in such instances upon their request for compensation submitted to the customs office concerned in accordance with the order determined by the Government of the Russian Federation;
[9] detain and escort to the service premises of the customs offices or to the offices of the Ministry of the Interior of the Russian Federation persons suspected of customs-related administrative offences or the perpetrators of such offences pursuant to the Russian legislation;
[10] perform documentary filing, video-taping, audio-recording, motion- or still-picture photography of the facts and events associated with the conveyance across the customs border of the goods and means of transport under the customs control and performance of other cargo-handling operations with such goods and means of transport;
[11] obtain from the information from various state bodies and agencies, as well as from natural persons which may be required for carrying out their duties pursuant to this Customs Code;
[12] make written reprimands to the heads of various state bodies and agencies, directors of enterprises, leaders of public unions and associations containing requirements to rectify their breaches of the customs regulations of the Russian Federation with subsequent verification of the implementation by said persons of requisite measures;
[13] bring lawsuits to the courts of justice or the arbitration tribunals pertaining to:
- compulsory collection of unpaid customs duties and taxes;
- compulsory collection of unpaid customs duties and taxes at the expense of the goods;
- in other cases stipulated by this Customs Code and other federal laws;
[14] establish and maintain official relations of advisory and consultative nature with various participants of foreign economic activities, the other persons whose functioning is associated with foreign economic activities, as well as with their trade unions (associations) for the purpose of interacting with them in the issues of introduction and adoption of the advanced customs registration and customs control mechanisms;
[15] carry out other functions stipulated by this Customs Code and other federal laws.
Article 409. Legal Rights of the Customs Authorities in Effecting Customs Control Measures Using Customs Patrol Boats
1. In the process of exercising customs control measures with the use of customs patrol boats case of using customs patrol boats customs are vested with the following legal rights to:
[1] upon discovery of signs of illegal conveyance of goods liable for customs control onboard a means of transport, apprehend said means of transport and subject it to the customs examination (Article 372);
[2] detain the individuals onboard a means of transport suspected of committing the crimes subject to on-the-spot investigation pursuant to the provisions of the criminal procedural law of the Russian Federation assigning the investigation of such crimes to the customs authorities unless the international treaties, to which Russian Federation is party, contain other provisions thereto;
[3] pursue and apprehend the seagoing vessels (riverboats), which have exited the customs territory of the Russian Federation without permission of the customs authorities, beyond the territorial waters of the Russian Federation up to their entry into the territorial waters of a foreign country if such pursuit has been continuing since its initiation in the territorial waters of the Russian Federation following a transmission of a visual or acoustic signal to said seagoing vessel (riverboat) to halt from the distance sufficient for observing or hearing said signal;
[4] in case of detecting signs of administrative violation of customs regulations, apprehend such means of transport for their subsequent withdraw pursuant to the Russian legislation on administrative offences;
[5] in the instances stipulated by this Customs Code, escort apprehended means of transport with or without customs officers on board.
2. The crews of the customs seagoing (river) patrol boats and aircraft are authorised to exercise:
[1] free use of water- and airspace of the Russian Federation , the sea harbours and river ports, as well as the airports, the airfields (runways) on the territory of the Russian Federation regardless of their attributes and purposes;
[2] free use of the priority right of entry to and exit from ports and harbours in accordance with the order coordinated with the interested federal executive authority;
[3] free access to navigation, hydrological, meteorological, hydrographical, and other information;
[4] free flight control and navigation services.
Article 410. Rights of the Customs Authorities with regard to Motor Vehicles Hauling Goods under Customs Control
1. The customs authorities have the right to apprehend motor vehicles including those which are not involved in international haulage of goods if such vehicles are carrying goods under the customs control for the purpose of inspecting said goods and the documentation thereto. The customs authorities may only apprehend such motor vehicles in the customs control zones established along the customs border. In other places such vehicles are apprehended by the traffic safety authority of the Ministry of the Interior in coordination with the customs authorities.
2. In the event of apprehension of a motor vehicle beyond the customs control zone, the permissible time limit designated for inspecting goods and waybills thereto shall not exceed two hours. The fact of inspection of goods the waybills thereto is registered in a report whose form is approved by the Federal Customs Authority, with one copy of said report being handed to the goods carrier. Compulsory placement of motor vehicles to the territory of a temporary-storage warehouse or another place constituting a customs control permanent zone (Article 362) shall only be permitted in case of initiation of a lawsuit for an administrative offence when a copy said ruling is handed to the goods carrier or the driver of the apprehended motor vehicle. In such a situation, said motor vehicle may remain in the temporary-storage a warehouse or in another place constituting a customs control zone within the period of time required for its unloading, except in those instances when said motor vehicle is liable for withdrawal pursuant to law of the Russian Federation
Article 411. Interaction and Cooperation of the Customs Authorities with Other State Bodies
1. The customs authorities shall fulfil their functions independently and in cooperation with other public bodies.
2. Pursuant to this Customs Code and other federal statutes, the customs authorities have the right authorised to permit execution by other state bodies of individual actions relating to their competence.
3. In those instances when the customs authorities have discovered signs of administrative transgressions (offences) whose consideration, pursuant to the Russian legislation, is in the competence of other state bodies the customs authorities shall be obliged to convey such information to respective state bodies without delay.
Article 412. Departmental Supervision over Customs Activities
Unless this Customs Code and other federal statutes contain other provisions thereto, the superior customs office or the superior customs officer are vested with the right, in terms of the departmental supervision, to rescind or correct the resolution passed by a subordinate customs office or its officer which does not meet the requirements laid down by Russian law or take any other measures stipulated by the Russian legislation with regard to unlawful actions (inaction) of the subordinate customs offices and/or their officers.
Article 413. Responsibility of Customs Offices and their Officers
1. In accordance with the Russian legislation, customs officers shall bear disciplinary, administrative, criminal and other responsibility for their unlawful decisions, actions (inaction).
2. Customs offices shall be obliged to reimburse any damage inflicted on persons and their property as a result of unlawful decisions, actions (inaction) of their customs officers and other employees in discharging their duties or professional obligations pursuant to the provisions stipulated by the Labour Code and budgetary law of the Russian Federation
3. Any damage caused by the lawful actions of customs offices and their officers shall not be subject to indemnity unless this Customs Code and other federal statutes contain other provisions thereto.
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