On the ratification of the Treaty on the Specifics of Criminal and Administrative Liability for Violations of the Customs Legislation of the Customs Union and the Member States of the Customs Union

Home / RLA / On the ratification of the Treaty on the Specifics of Criminal and Administrative Liability for Violations of the Customs Legislation of the Customs Union and the Member States of the Customs Union

The Law of the Republic of Kazakhstan dated December 8, 2011 No. 506-IV.

To ratify the Agreement on the Specifics of Criminal and Administrative Liability for Violations of the Customs Legislation of the Customs Union and the Member States of the Customs Union, signed in Astana on July 5, 2010.

President

N. NAZARBAYEV

Republic of Kazakhstan

AGREEMENT on the Specifics of Criminal and administrative liability for Violations of the Customs legislation of the Customs Union and the Member States of the Customs Union

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on December 30, 2011 )

The member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties,

in order to ensure compliance with the customs legislation of the Customs Union and the member States of the Customs Union, to establish the specifics of criminal and administrative liability for violations of the customs legislation of the Customs Union and the member States of the Customs Union,

guided by generally recognized principles and norms of international law,

based on the provisions of the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007, the Agreement on the Customs Code of the Customs Union of November 27, 2009 (hereinafter - the Agreement on the Customs Code of the Customs Union),

We have agreed on the following:

Article 1

For the purposes of this Agreement, the following basic terms and definitions are used:

"competent authorities" - customs authorities and other authorized state bodies of the Parties;

"customs authorities" - the customs authorities of the Parties;

"crimes" are violations of the customs legislation of the Customs Union and the legislation of the Parties, the control over compliance with which is entrusted to the customs authorities, for which criminal liability is provided for by the legislation of the Parties.;

"administrative offenses" are violations of the customs legislation of the Customs Union and the legislation of the Parties, the control over compliance with which is entrusted to the customs authorities, for which administrative responsibility is provided for by the legislation of the Parties.;

"goods" - goods in the meaning stipulated by the Agreement on the Customs Code of the Customs Union;

"cultural property" means objects and/or collections of a religious or secular nature, as well as their components or fragments, regardless of the time of their creation, considered by each Party as being of importance for culture, archeology, history, literature, art or science in accordance with the legislation of the Parties.;

"person" - a legal entity; an organization that is not a legal entity; an individual, including an individual entrepreneur.

Article 2

1. This Agreement defines the specifics of bringing to criminal and (or) administrative responsibility for violations of the customs legislation of the Customs Union and the legislation of the Parties, the control over compliance with which is entrusted to the customs authorities.

2. When bringing persons to criminal and (or) administrative responsibility, the Parties and their competent authorities ensure the achievement of the objectives of this Agreement.

Article 3

1. The types of crimes and administrative offenses, as well as the procedure and principles for bringing persons to criminal and (or) administrative responsibility, are determined by the legislation of the Parties with the specifics established by this Agreement.

2. Each Party undertakes to take measures to amend its legislation providing for criminal and administrative liability for violations of the customs legislation of the Customs Union and the legislation of the Parties, and to bring to a uniform definition of the illegality of such acts.

Article 4

1. A person who has committed an administrative offense in the customs territory of the Customs Union is subject to administrative liability under the legislation of the Party in whose territory the administrative offense was detected.

2. In case of non-delivery of goods and documents for them to the place of delivery established by the customs authority of departure, the person is subject to administrative liability under the legislation of the Party whose customs authorities released the goods in accordance with the customs procedure of customs transit.

3. The administrative process (production) is conducted (carried out) according to the legislation of the Party in which the person is involved or is subject to administrative responsibility.

Article 5

1. Unless otherwise provided by this Agreement, a criminal case shall be initiated and investigated at the place of commission of the crime, and if it is impossible to determine the place of commission of the crime - at the place of detection of the crime.

If the person against whom criminal prosecution is carried out by the competent authority of one Party is a citizen of the other Party, which does not extradite him, the criminal case may be sent for the criminal prosecution of this person to this other Party.

If a person commits a crime on the territory of several Parties, the place of its commission is considered to be the territory of the Party where the last criminal act was committed.

If the crimes were committed by a person on the territory of different Parties, then by agreement between the authorities authorized in accordance with the legislation of the Parties, the criminal case may be investigated on the territory of the Party where the majority of crimes or the most serious of them were committed.

2. Each Party, in accordance with its legislation, may initiate and investigate criminal cases for crimes directed against its interests committed on the territory of other Parties.

3. A preliminary investigation of a criminal case is conducted in accordance with the criminal procedure legislation of the Party in whose territory the criminal case is being investigated.

4. If one Party identifies signs of another criminally punishable act, which is not a crime within the meaning of Article 1 of this Treaty, committed on the territory of the other Party during the consideration of an application, a report on a crime or during the investigation of a criminal case on a crime, committed on the territory of the other Party, the materials shall be transferred to this other Party for consideration in accordance with its criminal procedure legislation.

Article 6

The results of customs control executed by the customs authorities of either Party in accordance with the provisions of the Agreement on the Customs Code of the Customs Union, as well as the results of the performance by the competent authority of one Party in accordance with the legislation of that Party of procedural actions on the basis of instructions from the competent authorities of the other Party, are recognized as evidence in criminal cases and cases of administrative offenses and are subject to evaluation when consideration of these cases along with other evidence in accordance with the legislation of the Parties.

Article 7

1. A person in respect of whom a sentence or other judicial decision on a criminal case has entered into legal force in the territory of one Party may not be held criminally liable for the same act by the other Party.

2. A person in respect of whom a decision on an administrative offense has entered into legal force on the territory of one Party may not be held administratively liable by the other Party for the same act.

Article 8

1. Each of the Parties recognizes and takes measures to enforce the decisions that have entered into force in cases of administrative offenses made on the territory of the other Party.

2. The procedure for the recognition and enforcement of decisions referred to in paragraph 1 of this Article shall be determined by an international agreement and the legislation of the Party in whose territory the execution is carried out.

3. The provisions of this Article shall apply to decisions made after the entry into force of this Treaty and the Treaty on the Customs Code of the Customs Union.

Article 9

Cultural valuables and other goods of state interest to the other Party seized or arrested by one Party during the conduct of administrative proceedings (conducting proceedings) in cases of administrative offenses and conducting a preliminary investigation in criminal cases may, at the reasoned request of this Party, after the entry into force of a decision on a criminal case or an administrative offense case, be returned to this Party.

Goods of state interest are determined by the legislation of the Parties.

Article 10

This Agreement does not affect the rights and obligations of each of the Parties under other international agreements applicable between the member States of the Customs Union.

Article 11

For the purposes of this Agreement, the working language is Russian.

Article 12

Disputes and disagreements between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved through consultations or negotiations between the Parties concerned. In case of failure to reach an agreement within six months from the date of commencement of such consultations or negotiations, the dispute is referred on the initiative of any of the interested Parties to the Court of the Eurasian Economic Community.

Article 13

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 14

This Treaty is subject to ratification.

This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels on the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.

This Agreement is open for accession by any State that becomes a member of the Customs Union.

For the acceding State, this Treaty shall enter into force, unless otherwise provided by agreement of the Parties, from the date on which it submits to the depositary a written notification on the completion of the internal procedures necessary for the entry into force of this Treaty.

The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 265-V.

Done in Astana on July 5, 2010 in one original copy in Russian.

The original copy of this Agreement is kept in the Commission of the Customs Union, which is the depositary of this Agreement and will send each Party a certified copy of it.

For the Republic

For the Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on the Specifics of Criminal and Administrative Liability for Violations of the Customs Legislation of the Customs Union and the Member States of the Customs Union, signed on July 5, 2010 in Astana.:

from the Republic of Belarus - by the President of the Republic of Belarus A.G. Lukashenko;

from the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N.A. Nazarbayev;

from the Russian Federation - by the President of the Russian Federation D.A. Medvedev.

The original copy is kept in the Commission of the Customs Union.

Everything is laced, fastened

signed and stamped 7 sheets

Director of the Legal Department

The Commission's secretariat

Customs Union

B. Slyusar

President

Republic of Kazakhstan

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