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Article 196. Personal inspection
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Article 196. Personal inspection
Personal inspection is carried out in respect of an personal entity following through the customs border and located in the customs control zone or the transit zone of the airport open for international traffic. Personal inspection shall be carried out by an official of the customs body if there are grounds to believe that an physical entity hides and voluntarily does not present goods prohibited for import into or export from the customs territory, or goods moved in violation of the procedure established by this Code. The decision to conduct a personal examination shall be made by the Head of the customs authority or the person replacing him in written form. Before the beginning of the personal examination the customs official shall be obliged to: to declare to the physical entity the decision on carrying out personal inspection; to familiarize the physical entity with his rights in conducting a personal search; to offer to voluntarily surrender the hidden goods. In case of refusal of an physical entity from a personal examination, a mark is made in the decision to conduct a personal examination certified by the signature of the customs official who announced the decision to conduct a personal examination. If the inspected person does not fulfill or resists the fulfillment of the legal requirements of the customs official, these actions are grounds for administrative detention of the specified person in accordance with the legislation on administrative responsibility. Personal inspection is carried out by an official of the customs authority of the same sex with the inspected person in the presence of two witnesses of the same sex in an isolated room that meets sanitary and hygienic requirements. Access to the premises of other physical entities and the possibility of monitoring the conduct of personal examination on their part is not allowed. Examination of a body of the inspected person shall be carried out only by medical workers with use, if necessary, special medical equipment. If necessary, an interpreter is involved in the personal examination. During the personal search of a underage or a incapacitated person, [114] his legal representatives (parents, adoptive parents, guardians, trustees) or persons accompanying him have the right to be present. Personal examination carried out within the limits necessary for detection of the goods hidden by the inspected person at itself, and the form excluding humiliation of honor and dignity of the person, causing harm to his health and property. The inspected person or his legal representative or the person accompanying him, during personal inspection has the right: to demand the announcement of the decision of the Head of the customs authority or the person replacing him on carrying out personal inspection; use the native language, as well as use the services of an interpreter; familiarize yourself with your rights and obligations; to give explanations, to submit petitions; to get acquainted with the Protocol of personal examination at the end of its preparation and to make the statements which are subject to entering in the Protocol; to appeal against the decision of the customs body, actions (inaction) of its officials in accordance with the established procedure. The inspected person or his legal representative or the person accompanying him may have other rights in accordance with the legislation. The inspected person or his legal representative or the person accompanying the inspected person during the personal examination shall be obliged to comply with the legal requirements of the customs official. According to the results of personal examination, a Protocol shall be drawn up in the form established by the State customs Committee of the Republic of Uzbekistan. The Protocol is signed by: an official of the customs authority conducting a personal examination; a physical entity in respect of whom a personal examination was carried out, or his legal representative or a person accompanying him; by a medical professional - when he examines the organs of the body of an inspected person; other persons who participated in the personal examination. The physical entity in respect of whom personal examination was [115] carried out, under the signature the copy of the Protocol on carrying out personal examination is provided. Download 1.11 Mb. Do'stlaringiz bilan baham: |
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