Article 18-1. Stopping motor vehicles outside the customs control zones The Code of Customs Regulation in the Republic of Kazakhstan

Home / RLA / Article 18-1. Stopping motor vehicles outside the customs control zones The Code of Customs Regulation in the Republic of Kazakhstan

1. A motor vehicle, including one that does not carry out international transportation of goods, is stopped by customs officials in order to verify compliance with international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan.

When stopping a motor vehicle, customs officials shall hand over to the person driving the vehicle a request to stop the motor vehicle.

The form of the request to stop the vehicle is established by the authorized body.

The grounds for stopping a motor vehicle are:

1) results of the risk management system application;

2) information indicating facts and (or) signs of violation of international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan;

3) data obtained as a result of the analysis of information contained in the information resources of the customs and other state bodies of the Republic of Kazakhstan, indicating facts and (or) signs of violation of international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan;

4) the need to verify information obtained as a result of information exchange with government and law enforcement agencies of the Republic of Kazakhstan, the Eurasian Economic Union or foreign states;

5) an instruction and (or) an appeal (request) from law enforcement agencies of the Republic of Kazakhstan, the Eurasian Economic Union or foreign states with which international treaties have been concluded within the framework of the Eurasian Economic Union and (or) international treaties of the Republic of Kazakhstan;

6) an instruction from the customs authority of another member state of the Eurasian Economic Union, which contains information on the facts and (or) signs of violation of international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan.

When stopping a motor vehicle, a customs official must:

1) introduce yourself and, at the request of the person driving the motor vehicle, present an official identification card or identification card for familiarization;

2) explain the reasons for stopping the vehicle;

3) submit a request to stop the motor vehicle;

4) request the presentation by the person driving the motor vehicle of the goods and documents contained therein for customs control.

2. A person driving a motor vehicle is obliged to stop the motor vehicle, provide access to it and the goods contained in it, and present the documents for them to an official of the customs authority for customs control.

3. When stopping a motor vehicle, a customs official checks customs and other documents and (or) information, applies forms of customs control and (or) measures to ensure customs control, in accordance with the procedure provided for in this Article, Chapters 46, 47 and 48 of this Code.

Until the completion of customs control, the person driving the motor vehicle is obliged not to leave the place of stopping, as well as to ensure that the motor vehicle and the goods in it are located at the place where the motor vehicle stops.

The delivery to the person driving the motor vehicle of the act on stopping the motor vehicle provided for in this paragraph indicates the conduct of customs control in the form of verification of customs, other documents and (or) information.

The procedure for filling out an act on stopping a motor vehicle and its form are approved by the authorized body.

4. If signs of violation of international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan are identified and (or) confirmed by the results of customs control, an official of the customs authority decides to conduct a customs inspection and (or) customs inspection at the place of storage.

For the purposes of applying this article, the place of storage means the permanent or temporary customs control zones provided for in Article 404 of this Code closest to the place where the motor vehicle stops.

The person driving a motor vehicle is obliged, at the request of a customs official, to deliver the motor vehicle and the goods contained therein to the place of storage.

The form of the request for delivery of the motor vehicle provided for in this paragraph shall be approved by the authorized body.

In this case, such a request, as well as a copy of the notification of the appointment of the place and time of the customs inspection and (or) customs inspection provided for in Articles 412 and 413 of this Code, shall be handed over to the person driving the motor vehicle.

5. The delivery of a motor vehicle and the goods contained therein to the place of storage shall be carried out by the person driving the motor vehicle, accompanied by customs officials in accordance with the procedure determined by the authorized body.

6. If the person driving the motor vehicle refuses to comply with the requirement provided for in paragraph 4 of this Article, or if he fails to comply with such requirement, the motor vehicle and the goods contained therein shall be subject to detention in accordance with Chapter 52 of this Code.

In this case, the transportation (transportation) of detained motor vehicles and the goods contained therein to the place of storage is carried out in accordance with the procedure determined by the authorized body.

7. If violations of international treaties of the Republic of Kazakhstan, customs legislation of the Eurasian Economic Union, customs and other legislation of the Republic of Kazakhstan are not identified, a corresponding entry is made in the act on stopping a motor vehicle.

8. The procedure for actions of customs officials when stopping motor vehicles is determined by the authorized body in coordination with the authorized body in the field of customs policy.

President

Republic of Kazakhstan

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