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Article 214. Rights of the authorized person in the appointment and
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- Article 215. The reasons and time of performing customs expertise
Article 214. Rights of the authorized person in the appointment and
conduct of customs examination When appointing and conducting a customs examination, the authorized person has the right to: appeal the results of the customs expertise; apply for additional questions to get an expert opinion on them; be present at the collection of samples or sampling of goods by officials of customs authorities and other state regulatory bodies; get acquainted with the expert’s conclusion and get a copy of such conclusion; intercede for fullillment customs expertising. In case of satisfaction of the intercession of the authorized person, the customs authority shall take an appropriate decision. The customs official shall notify the authorized person in writing of the refusal to satisfy the intercession within three business days, indicating the reasons for the refusal. Article 215. The reasons and time of performing customs expertise The grounds for conducting the customs expertising are: a written request from customs officials to conduct the customs expertise; the decision of the inquirer, investigator, prosecutor or judge, the definition of the court. Customs expertiseis carried out when: performing of customs control during the production of customs clearance of goods; making a preliminary decision on the classification of goods according to the Commodity nomenclature of foreign economic activity of the Republic of Uzbekistan; there are confirmed facts of violation of customs legislation. Customs expertise is carried out in the premises of the customs authority or in other places, if it is necessary for the nature of the study or because it is impossible to deliver the object of expertise to the premises of the customs authority. In cases of violation of customs legislation, the term of customs [125] expertise shall not exceed thirty days. When determining the complexity of the customs expertise, the following criteria should be taken into account: multi-object (more than three objects or more than two hundred sheets of case materials submitted for research); multiple questions (more than three questions that require research); the need for the use of labor-intensive methods and complex tools, the technological regulations of which exceed five working days, in conducting experiments to solve the raised issues; the need to develop new computational models and private research methods to address these issues; the attribution of expertise to Commission, complex or repeated; the need to exit to the place of customs inspection of objects located outside the territory of the customs laboratory, or conduct research on the basis of other institutions; the need to attract experts from other organizations and expert institutions. According to the degree of complexity of customs expertise the deadlines for their conduct are determined by dividing them into four categories: the first category — expertise that do not have any degree of complexity, their production requires up to three working days; the second category- expertise that have at least one degree of complexity, their production requires up to five working days; the third category- expertise that have at least two degrees of complexity, their production requires up to ten working days; the fourth category — particularly complex expertise, having at least four degrees of complexity, for their production requires up to twenty working days. The list of goods subject to mandatory performance of customs expertise in the course of their customs clearance is approved by the State customs Committee of the Republic of Uzbekistan using the risk management system. Download 1.11 Mb. Do'stlaringiz bilan baham: |
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