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On a condition of the legislation
25.12.2005 |
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| PART V | Costoms Authorities |
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Chapter 39.
CUSTOMS OFFICES AND THEIR FUNCTIONS
§4. Customs Logistics
Article 418. Customs Logistics and Social Security of Customs Officers
1. Customs logistics is effected through the allocation of funds from the federal budget and the other sources designated by the Russian legislation.
2. In case the structural divisions of customs offices and checkpoints, which are intended for effecting customs operations, are set up at temporary-storage warehouses, bonded warehouses and/or the other facilities in accordance with this Customs Code, the logistics required by the customs structural divisions for their functioning, such as communications facilities and office equipment, shall be provided by the owners of said facilities on a contractual basis.
3. In the event of the death of a customs officer in discharging his (or her) duties, the family of said officer and his (or her) dependents shall be entitled to a lump-sum benefit amounting to the officer’s tenfold annual salary as per his (or her) last position in the customs office. The demised customs officer’s underage dependents shall be entitled to monthly benefits amounting to said officer’s average monthly salary in his (or her) last position in the customs office until they have come of age or obtained an independent a source of income. The dependent students of day-time secondary vocational or higher vocational educational establishments shall be entitled to such benefits until they complete their term of training. The other dependents shall be granted pensions stipulated for the loss of a breadwinner in the amount of the demised officer’s average monthly salary.
In case a customs officer in discharging his (or her) duties suffers body injuries precluding his (or her) further professional activities, said officer shall be entitled to a lump-sum benefit amounting to the officer’s fivefold annual salary as per his (or her) last position in the customs office, as well as the difference deducted between the sum of said officer’s average monthly salary in his (or her) last position in the customs office and the sum of his (or her) pension payable in the forthcoming ten years.
In case a customs officer in discharging his (or her) duties suffers other body injuries, he (or she) shall be entitled to a lump-sum benefit amounting to the officer’s five average monthly salaries.
The damage inflicted on the property owned by the customs officer or his (or her) near relation in discharging his (or her) duties shall be reimbursed in full.
Payment of benefits and indemnity of the damage inflicted on the officer’s property shall be effected by the federal budget allocations with subsequent collection of the repaid amounts from the persons responsible for the above losses.
The decision with regard to the payment of benefits shall be made by the chief of the respective customs office based on the court findings or the ruling passed by the investigating body or the prosecutor pursuant to the cessation of the criminal case investigation or suspension of the case preliminary investigation.
In case the investigating body refuses or evades to initiate a lawsuit against the offender, its actions may be appealed by the customs office before the prosecutor or in court based on the results of the official investigation or other available evidence.
Damage inflicted on property shall be reimbursed in accordance with the court ruling (sentence).
A customs officer’s annual salary used for calculating the amounts of lump-sum benefits shall include all kinds of payments to which said person would have been entitled in the year of his (or her) demise or body injury.
A customs officer’s monthly salary shall be calculated pursuant to the requirements and set forth by the Russian legislation with regard to the mandatory social insurance from industrial accidents and occupational hazards.
A customs officer’s monthly salary, as per this Article of the Customs Code, shall also include the officer’s wage according to his (or her) special rank, long-service bonus, knowledge of foreign languages, and other bonuses.
Payment of benefits and indemnities for material damages shall be provided by the customs office in which said officer served up to the moment of his (or her) demise body injury or property damage, or by said office’s legal successor or its superior office in case said customs office has been reorganised or dissolved.
The payment procedure of the amounts specified in this Article is approved by the Federal Finance Authority in coordination with the Federal Customs Authority.
4. The customs officers are liable for mandatory individual life insurance by the state insurance company using the funds allocated for that purpose from the federal budget.
The sum insured shall be payable:
- in the event of death (demise) of the insured customs officer in the period of his (or her) service in customs offices or prior to the expiration of one year following said officer’s retirement from the customs office due to an injury (concussion), other body injuries, diseases acquired in discharging his (or her) duties, to the officer’s heirs (upon submission of their rights to said officer’s inheritance) amounting to the officer’s 12.5-fold annual salary;
- in the event of entitlement of the insured officer to the disablement benefits owing to the discharge of his (or her) duties during the officer’s tour of service or up to the expiry of a year following said officer’s retirement from the customs:
group I disablement: 12.5-fold annual salary;
group II disablement: 5-fold annual salary;
group III disablement: 2.5-fold annual salary;
- in case the insured officer has suffered a grave body injury in the discharge of his (or her) duties: in the amount of an annual salary, or in the amount of half annual salary in case of less grave body injury.
5. The insurance premium predicated on this category of insurance shall be repaid to the officer regardless of the other payments or indemnities the officer is entitled to pursuant to his (or her) other insurance policies.
The customs officer’s annual salary shall be determined based of his (or her) last position in the customs office, and this salary includes all categories of cash payments which said officer would have received throughout the year of the occurrence of the insurance case.
The other terms and procedures of the state mandatory insurance of customs officers are determined by the agreement to that effect concluded between the Federal Customs Authority and the customs organisation.
Article 419. Deployment of Customs Offices
1. The plots of land designated for accommodating customs installations shall be allocated based on the land allocation procedure for the state needs stipulated by the Land Code of the Russian Federation.
The plots of land designated for accommodating customs installations shall be allocated to customs authorities for permanent (eternal) gratuitous use.
2. In case the structural units of the customs offices and customs checkpoints are set up at the premises owned by the organisations specified in Item 2 of Article 405 of this customs Code, such organisations shall be obliged to allocate to the customs authorities the required service rooms on the basis of gratuitous usage agreements.
Article 420. Protection of Information Relating to Customs Authorities
1. The documents and materials containing information with regard to customs personnel, the customs organisation, the customs tactics, methods and means applied for carrying out investigations shall be preserved in the customs archives pursuant to the Russian legislation.
2. The customs archives materials constituting that of historic and scientific value, which have been unclassified pursuant to the Russian legislation, shall be transferred for preservation to the archives of the Russian Archives Service pursuant to the order stipulated by the Russian legislation.
3. The customs authorities shall ensure protection of state, banking and tax secrets and other confidential information pursuant to the Russian legislation.
Article 421. Customs Departments and State Unitary Entities
1. With a view to ensuring the operation of customs offices, the Federal Customs Authority gas established customs laboratories, science-research institutions, academic institutions providing higher education, vocations and auxiliary training, health institutions, publishing houses, information processing centres, as well as other state-owned unitary enterprises providing assistance to the customs authorities in fulfilling the missions assigned to them.
2. The functions vested in the aforesaid customs entities and state-owned unitary enterprises shall be effected based on the requirements set forth by antimonopoly regulations of the Russian Federation.
Article 422. Property of Customs Offices and Customs Organisations
The property of the customs offices, departments, and the state unitary enterprises shall remain in federal ownership. The Federal Customs Authority disposes of said property pursuant to the Russian legislation.
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