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Article 216. Additional and repeated customs expertise
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- Article 217. Carrying customs expertise by the Commission of experts
Article 216. Additional and repeated customs expertise
Additional customs expertise is appointed to fill the gaps in the conclusion of the first (previous) customs expertise and is performed by [126] the same or another expert or a commission of experts. Repeated customs expertise is appointed when the conclusion is groundlessness or its correctness is in doubt or the evidence underlying it is found to be unreliable. Repeated customs expertise can also be appointed when the conclusion on the first (previous) customs expertise was appealed by the authorized person or other interested person, and also (protested) by the prosecutor. When appointing a repeated customs expertise, an expert (Commission of experts) the may be raised question about the scientific validity of previously applied research methods. The decision on the appointment of a repeated customs expertise must contain the reasons for the disagreement of the body that appointed the repeated customs expertise with the conclusion of the first (previous) customs examination. The performance of a repeated customs expertise shall be entrusted to another expert or Commission of experts. The expert (Commission of experts) who performed the first (previous) customs expertise may be present during the repeated customs expertise and give explanations, but does not participate in the study and drawing up the conclusion. Article 217. Carrying customs expertise by the Commission of experts Customs expertise can be carried out by several experts of one (Commission customs examination) or different expert specialties (complex customs examination). Production of customs expertise by the Commission of experts is determined by the body that appointed the customs expertise. The Commission of experts, which is entrusted with the production of customs expertise, will agree on the goals, sequence and scope of the upcoming research based on the need to address the issues set before it. The Commission of experts entrusted with the production of customs expertise, each examiner independently conducts research, evaluates them personally and other members of the Commission, the results and forms conclusions on the issues raised within its special knowledge in science, technology, art or craft. It is not allowed to conduct research in whole or in part by persons [127] who are not included in the Commission of experts. When conducting a Commission customs expertise, each of the experts conducts research in full, and they jointly analyze got results. Based on the research’s results, the experts draw up and sign a joint conclusion. In case of disagreements between experts, each of them gives a separate opinion on all or some of the issues that caused the disagreement. A comprehensive customs expertise is appointed in cases where the establishment of circumstances that are important for the customs matters possible only by conducting several studies using different branches of knowledge. When conducting a comprehensive customs expertise, each of the experts conducts research within their competence. The conclusion of the comprehensive customs expertise, indicates what studies and to what extent each of the experts conducted, what facts he personally established and what conclusions he came to. Each of the experts signs the part of the conclusion of the comprehensive customs expertise, that contains these studies, and is responsible for them. The General conclusion (conclusions) is made by experts who are competent in evaluating the results obtained and formulating this conclusion (conclusions). If the basis of the final conclusion of the Commission of experts or part of it is the facts established by one of the experts (individual experts), then this should be indicated in the conclusion of the integrated customs expertise. In case of disagreements between the experts, each of them shall give a separate conclusion of the integrated customs pertise on all or individual issues that caused the disagreement. Download 1.11 Mb. Do'stlaringiz bilan baham: |
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